Foley & Lardner LLP partner Paul Hunter authored the Life Sciences Intellectual Property Review article, “Why Trump’s revenue-raising patent plan is riddled with problems,” exploring proposals under consideration that would alter the U.S. patent system’s fee structure and reshape the country’s innovation landscape.
Hunter describes the potential impact of a value-based patent fee structure for inventors, in contrast to the traditional flat-flee maintenance model, noting it would disproportionately affect smaller innovators who may lack the financial resources to absorb substantial new costs. He also assesses the broader economic and policy implications inherent in such a shift, and the associated legal and political uncertainties.
“Ultimately, while dramatic changes to the U.S. patent fee structure are being discussed, no definitive proposal has been made public, and significant legal, economic, and political barriers remain. The future of value-based patent fees remains uncertain, and any new policy would likely undergo significant revision and face intense scrutiny before implementation,” Hunter concludes. “Stakeholders should monitor developments closely and consider engaging in the public and legislative process to advocate for a fair and effective U.S. patent system.”
