The Trump administration is reportedly considering a proposal to charge patent holders a fee based on the value of their patents, potentially ranging from 1% to 5%. Experts have raised serious concerns, arguing that determining patent value is highly complex and subjective, and such a fee could discourage innovation, especially among small companies.
Commerce Department officials are discussing charging patent holders 1% to 5% of their overall patent value, a shift that could dramatically increase fees
View referenced article

Author(s)
Related Insights
December 5, 2025
Legal News: International Trade Enforcement & Compliance
What Every Multinational Should Know About … Preserving the Right to IEEPA Tariff Refunds
Any company that has imported goods subject to the Trump administration’s fentanyl-based tariffs or reciprocal tariffs — i.e., the tariffs levied pursuant to the International Emergency Economic Powers Act (the IEEPA tariffs) — needs to consider filing an action in the U.S. Court of International Trade (CIT) to preserve the possibility of recovering refunds of these tariffs.
December 4, 2025
Foley Viewpoints
Foley Event Key Takeaways- Ready for Anything: Preparing for IPOs, SPACs, and Unexpected Capital Market Shift
Foley & Lardner, Protiviti and SS&C Intralinks recently hosted an event in Foley’s Silicon Valley office at Palo Alto Center. Moderated by Foley partner Louis Lehot, the session titled "Ready for Anything: Preparing for IPOs, SPACs, and Unexpected Capital Market Shifts," brought together industry leaders: JD Fay (ex-CFO, Matterport, de-SPAC’d and then sold to CoStar Group), Dan Angus (Managing Director, Nasdaq), and Andrea Vardaro Thomas (Managing Director, Protiviti). Their combined experience provided a roadmap for companies facing the volatile and rapidly shifting capital markets of 2026.
December 4, 2025
Foley Viewpoints
FDA Guidance on Biosimilars Highlights Glycosylation Profiling and Increases the Strategic Value of Patents Covering Antibodies Defined by Glycosylation
FDA’s September 2025 guidance requires detailed characterization of posttranslational modifications (PTMs), particularly glycosylation,…