Tuesday, September 4, 2012

America Invents Act - USPTO Seeks Public Comment on Proposed Fees

The America Invents Act (AIA) grants the USPTO authority to set fees that reflect the actual costs of services while maintaining resources to reduce backlog and pendency, and perform its core mission.

Today, the USPTO announced it seeks public comment on its proposed patent fee schedule.

Surprisingly, the USPTO proposes to reduce fees "at least 22% lower for routine patent process-- i.e., filing search, examination, publication, and issue fees-- than the current fee schedule."

The lower fees are designed to reduce the cost of entry into the patent system, and make it easier for startups to get financed, hire employees, and bring goods and services to the marketplace.

The proposed fees will implement 75% discount for many fees of microentities (individual inventors and small ventures) and expand fees eligible for the 50% small entity reduction.

In contrast, the USPTO proposes to increase fees (large entity pay $770 surcharge) for filing a second or subsequent request for continued examination (RCE) to discourage (or at least not encourage) filing multiple RCEs which may in turn help to reduce the backlog.

This announcement opens a 60-day public comment period. Following the comment period, the USPTO will prepare a final fee schedule, which will be effective no less than 45 days after it is published.

For the USPTO Press Release click here.

For the USPTO proposed fee schedule click here.

Copyright © 2012 Robert Moll. All rights reserved.