Issa USPTO Fix Passes House

WASHINGTON – Language authored by Congressman Darrell Issa (CA-48) correcting Title 35 of the U.S. Code., governing the U.S. Patent and Trademark Office (USPTO), passed in the House under suspension this week. The bill authorizes the Director of the USPTO to provide good faith exceptions to fines for applicants claiming small and micro entity status to receive reduced application fees.

“The House’s passage of this bill is an important step toward guaranteeing that our patent system is as fundamentally fair as it is vitally necessary to protect the greatest ideas of the American people. By introducing new flexibility, this bill provides relief to small businesses and empowers the innovators who drive our nation forward,” said Rep. Issa.

Specifically, the bill amends Title 35:

• (1) in section 41(j), by inserting “, unless the entity shows that the assertion was made in good faith,” before “be subject”; and

• (2) in section 123(f), by inserting “, unless the entity shows that the certification was made in good faith,” before “be subject”.

The bill text can be found here.