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 Legislative Update Bush Makes USPTO Funding Recommendations for FY2006 President Bush's recommendations for funding the federal government in Fiscal Year 2006 (10/01/05-9/31/06) were sent to Congress on February 7, 2005. They include a recommendation of $1.7 billion to fund the U.S. Patent and Trademark Office. This amount equals the estimated fee collections expected during the year, meaning that, for the second year in a row, the Administration has recommended that no PTO funds be diverted to fund other programs. If approved by Congress, this level of funding would provide the PTO with a 10 percent increase in funding over the current year. This increase, added to the increased funding provided in the appropriation signed into law in late November, would produce a 40 percent increase in PTO funding over a two-year period. The substantial amounts of additional revenue being made available for PTO funding are the result of the fee increases enacted last November. The higher fees are set to expire after Fiscal Year 2006, but this budget request indicates that the Administration will be submitting a legislative proposal to permanently extend the increases. Federal Court in Pittsburgh Adopts Local Patent Rules On January 1, 2005, the United States District for the Western District of Pennsylvania formally adopted specialized local rules governing the conduct of patent litigation in that district. The new federal rules (1) reduce the length to trial, (2) improve the process and timing for construing patent claims, (3) set the timing of expert witness reports and deposition, (4) delineate the scope and content of initial disclosures regarding patent infringement and validity, (5) provide a default protective order for the parties, and (6) incorporate a model scheduling order. Section members Cynthia Kernick and Rob Lindefjeld served on the committee that drafted the new rules. A copy of the new rules can be found on the Court's website, at www.pawd.uscourts.gov. |
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