The need to balance revenue to performance is an admirable goal, but not possible with both standard examination and reduced patent fees.
I propose a small entity be required to do most of the work; such as by very careful searches (on penalty of patent invalidation if not properly done), and any other steps to, for example, halve the load of the Examiner. Other steps could include being allowed fewer claims. Most, if not all, small entities (my specialty) can be limited to 5-10 claims with only 1-2 independent claims in exchange for the favorable fee treatment, and would feel that was fair and reasonable.
If this burden is too large, the small entity can pay large entity fees for normal procedures; again, fair for all.
In this way, indigent small inventors can be afforded reduced fees without burdening the Office and/or requiring subsidies from large entity filings, but the burden on the Office will be reduced to manageable levels.
Comment on FR Doc # 2012-01480
This is comment on Proposed Rule
Supplemental Examination Provisions of Leahy-Smith America Invents Act and Reexamination Fees
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