PGPUB Comments - Harris

From: harris@fr.com
Sent: Wednesday, May 24, 2000 5:05 PM
To: Pre Grant Pub
Subject: Comments on rule

These eighteen month publication rules have the unexpected effect of
RAISING, not lowering, the costs for obtaining a patent.  This new
cost is set forth in rule 18(d); the "publication" cost.  

The intent of these new laws was to protect american inventors.  One
of the intended protections was reduced fees (which were statutorily
reduced by the laws).  This new fee has the effect of doing away with
whatever reductions were made.  A $300 fee is now added to the total
cost that an inventor must pay to obtain a patent.  No reduction for
small entity appears to have been proposed.  For the small inventor,
this is like paying another filing fee! 

For many, the money involved is small.  However, this still provides
an extra burden both on the sole inventors (to have to pay, AND to
have to know when to do make this payment).  It also provides a new
burden on practicioners, who now have to make another payment, another
docket entry, and hence additional costs, that are passed on to the
clients.  

My comment - I think you should think about eliminating this fee
entirely; in the spirit of the cost reduction statutes that were
mandated by the new laws.  Maybe build the extra costs into an
increased issue fee.  AT LEAST a small entity reduction should be
provided for this fee.  

Scott C. Harris, Esq
Fish and Richardson, PC
4350 La Jolla Village Drive
Suite 500
San Diego, Ca 92122

phone: 858-678-4321
fax     : 858-678-5099

email: harris@fr.com

http://www.fr.com/