Let's Use Patent Fees to Stop the Trolls

Abstract:     
As mundane as it may sound, patent fees may be the simplest way to eliminate suspect software patents and stop trolls. The US PTO's most recent proposal to modify patent fees, likely to take effect early next year, is the first change to the agency’s fee structure since recent patent reform legislation granted the agency power to set its own fees. But changes to patent fees could – and should – go much further. According to the agency’s own interpretation of the law, the PTO now has “flexibility to set individual fees in a way that furthers key policy considerations.” What could the agency accomplish using fees? For one, it could eliminate a large portion of suits filed by trolls – especially those asserting software patents. This approach would involve only modest changes to the number and magnitude of patent renewal or “maintenance” fees. Here's how.

Number of Pages in PDF File: 4

Keywords: PTO fees, maintenance fees, patent troll, NPE, patent term, America Invents Act, software patent

JEL Classification: O34, K00

Accepted Paper Series