Figueroa v. United States

DYK, Circuit Judge.

This is a suit for a refund of patent fees alleged to have been unlawfully exacted. *1026The appellant, Miguel Figueroa (“Figueroa”), contends that the statutory patent fees imposed on him in 2001 and 2002 for filing his patent application and issuing his patent violated art. I, § 8, cl. 8 of the United States Constitution (the “Patent Clause”), because the statute was designed to generate revenue to fund federal programs other than the United States Patent and Trademark Office (“PTO”). Figueroa also contends that the fees constituted an impermissible direct tax in violation of…