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Federal Circuit Upholds Diverting USPTO Fees to Government Programs
In Figueroa v. United States, No. 05-5144, 2006 WL 2879028 (Fed. Cir. Oct. 11, 2006), the U.S. Court of Appeals for the Federal Circuit upheld a decision of the U.S. Court of Federal Claims that a patent fee statute which generates revenue to fund federal programs other than the U.S. Patent & Trademark Office does not violate the U.S. Constitution. Michael Figueroa, an inventor, sued in August 2001 for a refund of fees that he contended was charged unlawfully. Specifically, he argued that excess fees violated article 1, section 8, clause 8 (the 'Patent Clause') and article 1, section 9, clause 4 (the 'Direct Tax Clause').
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