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June 18, 2020


It has been noted on another blog ( https://patentlyo.com/patent/2020/06/exceptional-attorney-patent.html#comment-498586 )
that the Director's statement regarding "taking back" (mis)appropriated funds from prior years (between 1990 and 2011)would be a substantial amount.

I have lost track of the actual amount that Congress has skimmed off the top from innovators paying into the USPTO. Does anyone have a tally?

According to a Congressional Research Service report from August 2014 (https://fas.org/sgp/crs/misc/RS20906.pdf), between $940.7 million and $1,008.5 million in fees were “diverted” from the USPTO between FY1990 and FY2011. The report also notes that between FY2005 and FY2009, the USPTO was provided budget authority to spend all fees collected, so the estimates above cover FY1990-FY2004 and FY2010-FY2011.

thank you - given that the annual budget is about 3.7 Billion, the diverted amount of 1.0 Billion is nothing to sneeze at, but nowhere near as large as I had thought.

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