South OC Times

Language introduced by Congressman Darrell Issa has successfully passed in the House of Representatives. This legislative move seeks to amend Title 35 of the U.S. Code, which oversees operations at the U.S. Patent and Trademark Office (USPTO). The bill allows the USPTO Director to grant good faith exceptions for fines imposed on applicants who claim small and micro entity status, enabling them to benefit from reduced application fees.

"The House’s passage of this bill is an important step toward guaranteeing that our patent system is as fundamentally fair as it is vitally necessary to protect the greatest ideas of the American people. By introducing new flexibility, this bill provides relief to small businesses and empowers the innovators who drive our nation forward," stated Representative Issa.

The amendments focus on two sections of Title 35:

1. Section 41(j) will now include a provision allowing entities to avoid penalties if they demonstrate their claims were made in good faith.

2. Section 123(f) similarly includes language permitting entities to bypass penalties if their certifications were made in good faith.

These changes aim to offer more flexibility within the patent system, particularly benefiting smaller enterprises and individual innovators.