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Shocker: Government Skims Money.

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Author: Kellner, TomasW. P. B.

Section: Informer
Shocker: Government Skims Money


The Court of Federal Claims is poised to rule on the merits of a four-year-old lawsuit by Puerto Rico plumber-turned-inventor Miguel Figueroa challenging Congress' right to grab 10% of patent application fees to help balance the federal budget. He alleges the diversion over 14 years of $750 million violates a provision in the U.S. Constitution authorizing Congress to set up a patent system "to promote the progress of science and the useful arts" because it leaves insufficient funds to efficiently process patent applications, lengthening the approval time. In 2003 a judge rejected the federal government's argument that the clause didn't limit Congress' spending power. Figueroa's patent for a copper-pipe soldering tool was issued in 2002 after a two-year wait and $1,000 in fees.

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By Tomas Kellner and W. P. B.



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