FEE REDUCTION FOR SMALL AND MICRO ENTITIES.

SEC. 107. FEE REDUCTION FOR SMALL AND MICRO ENTITIES.(a) Title 35.—Section 41(h) of title 35, United States Code, is amended—(1) in paragraph (1), by striking “50 percent” and inserting “60 percent”; and (2) in paragraph (3), by striking “75 percent” and inserting “80 percent”. (b) False Certifications.—Title 35, United States Code, is amended—(1) in section 41, by adding at the end the following:“(j) Penalty for False Assertions.—In addition to any other penalty available under law, an entity that is found to have falsely 136 STAT. 5522 asserted entitlement to a fee reduction under this section shall be subject to a fine, to be determined by the Director, the amount of which shall be not less than 3 times the amount that the entity failed to pay as a result of the false assertion, whether the Director discovers the false assertion before or after the date on which a patent has been issued.” ; and (2) in section 123, by adding at the end the following:“(f) Penalty for False Certifications.—In addition to any other penalty available under law, an entity that is found to have falsely made a certification under this section shall be subject to a fine, to be determined by the Director, the amount of which shall be not less than 3 times the amount that the entity failed to pay as a result of the false certification, whether the Director discovers the false certification before or after the date on which a patent has been issued.” . (c) Leahy-Smith America Invents Act.—Section 10(b) of the Leahy Smith America Invents Act (35 U.S.C. 41 note) is amended—(1) by striking “50 percent” and inserting “60 percent”; and (2) by striking “75 percent” and inserting “80 percent”. (d) Study on Fees.—(1) In general.—Not later than 2 years after the date of enactment of this Act, the Director shall—(A) complete a study of the fees charged by the Office; and (B) submit the results of the study required under subparagraph (A) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (2) Scope of study.—The study required under paragraph (1)(A) shall—(A) assess whether—(i) fees for small and micro entities are inhibiting the filing of patent applications by those entities; (ii) fees for examination should approximately match the costs of examination and what incentives are created by using maintenance fees to cover the costs of examination; and (iii) the results of the assessments performed under clauses (i) and (ii) counsel in favor of changes to the fee structure of the Office, such as—(I) raising standard application and examination fees; (II) reducing standard maintenance fees; and (III) reducing the fees for small and micro entities as a percentage of standard application fees; and (B) make recommendations for such administrative and legislative action as may be appropriate.136 STAT. 5523