USPTO Publishes Final Fee Setting Rule

The U.S. Patent and Trademark Office recently released its Final Rule for Setting and Adjusting Patent Fees, as authorized under the America Invents Act. In announcing the new patent fees, the agency highlighted that its primary goals were to “optimize patent timeliness and quality; and
implement a sustainable funding model for operations.”

For some patent applicants, the new patent fees will result in cost savings, for others the costs will rise. As noted by the USPTO, the routine fees to obtain a patent (i.e., filing, search, examination, publication, and issue fees) will decrease by at least 23 percent relative to the current fee schedule. In addition, applicants who meet the new micro entity definition will pay less than the amount paid for small entity fees under the current fee schedule for 87 percent of the fees eligible for a discount.

The fee for Requests for Continued Examination will increase 29 percent to $1,200. Second and subsequent RCEs will cost $1,700. Fees for extensions of time, large applications, and excess claims will also go up, with excess claim fees seeing the biggest jump.

Finally, current patent holders will also see fees rise. Maintenance fees will go up from 39 to 54 percent, depending upon the stage. For instance, First Stage Maintenance fees (3.5 Years) will now be $1,600.

With a few exceptions, the new rule went into effect on March 19, 2013.

However, this isn’t the last time fees will increase.  The USPTO now has fee setting authority.  Where the organization previously had to ask Congress to raise or lower fees, that authority now sits with the Director of the PTO.

How Can I Help?

If you, or someone you know, need help with any Intellectual Property issue, from filing a patent, trademark or copyright, or just advice regarding how best to protect your ideas and your brand, contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

Patents around the globe.

With yesterday’s move by Spain to nix the unitary patent system in the EU, it seems that the only active attempt to find a path to a global patent system is the global dossier initiative announced last year by the U.S. Patent and Trademark Office.

The Global Dossier Initiative is designed to make it easier to pursue patent applications in multiple offices across the world.

As detailed by the USPTO, the Global Dossier was initially proposed by the United States in November 2011, and further developed jointly with the Japan Patent Office.  At a recent meeting of the IP5, the Global Dossier was formally endorsed as a way to advance the international patent system, and its members are currently working to bring the concept to fruition.

The USPTO has outlined the following benefits of the Global Dossier:

• Facilitation of preplanned cross-filings;
• One-portal management of cross-filed applications; elimination of the need to file duplicate documents in multiple offices (e.g., priority documents, prior art citations, and so on); and
• Cost savings through the use of modern machine translation tools.
• Work-sharing leverage not only through information exchange, but also examiner collaboration, which will add to patent quality worldwide.

As the USPTO acknowledges, many of the ideas included in Global Dossier are not new; in fact, many are already in development. The intent of the initiative is to bring the programs together to generate “a unified outcome with clear benefits to all stakeholders in the patent system.”

How I Can Help

As the world continues to shrink, the need for protecting your ideas and intellectual property in foreign countries has grown.  I can assist you in planning and protecting your ideas, here and elsewhere in the world.   So, if you or know someone that can use my help, please contact me for a free 30 minute consultation by sending me an email or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities.  Connect with me on Google +

Norman