September 21, 2011
 
 
The Honorable John Boehner                         The Honorable Harry Reid
Speaker                                                           Majority Leader
House of Representatives                               United States Senate
Washington, DC  20515                                 Washington, DC  20510
 
The Honorable Nancy Pelosi                          The Honorable Mitch McConnell
Democratic Leader                                          Republican Leader
House of Representatives                               United States Senate
Washington, DC  20515                                 Washington, DC  20510
 
Dear Speaker Boehner, Senator Reid, Senator McConnell, and Representative Pelosi:
 
The Innovation Alliance writes to express its concern that H.J. Res. 79, the Continuing Appropriations Resolution for FY 2012 (the “CR”), does not contain any language prohibiting the diversion of fees from the U.S. Patent and Trademark Office (“USPTO”).
 
As you know, the President signed the America Invents Act into law just a few days ago.  Despite the efforts of virtually the entire patent stakeholder community, the Act did not include language passed overwhelmingly by the Senate that would have ended the practice of fee diversion permanently.  Instead, the Senate-passed language was stripped out, and bipartisan congressional leaders gave repeated assurances that future appropriations bill would include certain specific language that would ensure no fees would be diverted away from the USPTO for other uses.
 
Unfortunately, now, just days after the enactment of the Act, we are deeply concerned to learn that the CR does not contain the promised language.  We strongly believe that for the reforms to work as intended, the promised language ending fee diversion must be included in all bills making appropriations for the USPTO.  Without that language, the USPTO will not be able to discharge the new responsibilities vested in it by the America Invents Act, the ability of the USPTO to plan long-term and build the agency our innovation economy demands will be frustrated, and the job-stifling patent application backlog will continue.
 
We appreciate your bipartisan commitment to advancing American innovation and job creation, and we urge you to insert the promised language ending the diversion of fees from the USPTO into the CR before it is passed into law and into all future bills making appropriations for the USPTO.
                                                            Sincerely,
 
 
                                                            Brian Pomper
                                                            Executive Director
                                                            The Innovation Alliance