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Saturday, November 21, 2009

Patent and Trademark Office

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PTO Appropriations and Fee Diversion

The Patent and Trademark Office (PTO) plays an important role in the progress of biotechnology. Its role is inextricably linked to the creation of the necessary pipeline for continued advancement in cutting edge biotechnologies. Adequate funding of the PTO will ensure the security of the biotechnology industry's investment in research and development of biotechnology products. The PTO is a fully user fee funded agency whose funds in the past have been siphoned off for non-PTO programs. The PTO's customers are entitled to receive the best services the agency can provide for the fees they pay. Therefore, a fundamental change in the method by which the PTO is funded is needed. The change is the establishment, by statute, of the principle of no diversion of fees. With no diversion, the PTO would have access to the fees paid by its customers to process their work, while at the same time continue effective oversight by the Administration and Congress. BIO advocates a permanent end to this diversion.

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