Tax Strategy Patents + Patent Applications - John R. Dundon II, Enrolled Agent
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Tax Strategy Patents + Patent Applications

Tax Strategy Patents + Patent Applications

I am opposed to all tax strategy patents.  They are bad public policy and harmful to taxpayers and their advisers.  No one should have a monopoly on part of the tax code and no taxpayer should be subject to paying royalties or lawsuits for using a legal way to comply with the tax code.

The tax code is already complicated enough. We do not need more of these kinds of bad patents issued, carving up the tax code and making life more difficult for everyday taxpayers.

Congressman Polis’ (Colorado) proposed amendment coming up for a vote in the House of Representatives next week would allow up to  160+ additional tax strategy patents to be issued.  This could potentially more than double the number of these bad patents from the approximately 140 that are already out there.

A pending application is no promise that a patent will ultimately be issued by the PTO so Congress is not doing anything unfair to the patent applicants.  There was no guarantee when they filed their applications that they would ultimately receive a patent.  And, these kinds of patents are simply not in the public interest.

A patent applicant may argue that he or she divulged certain proprietary information or business secrets when he or she applied for the patent and therefore is entitled to continue the process.  But all patent applicants send in their application with the understanding that they may not ultimately receive a patent.