Wednesday, October 23, 2013

USPTO changes its mind: will reduce some post AIA fee increase

As you might be aware, with the enactment of the American Invents Act, the USPTO (U.S. Patent and Trademark Office) has increased many patent application related fees.  The purpose of the increase to provide USPTO with funds to covers the operational cost, reduce examination backlog, and improve patent quality. 

The dramatic increase of some fees has caused widespread outcry in inventor community.  Now, USPTO has s small change of heart.  Beginning January 1, 2014, USPTO will reduce certain early stage fees for obtaining a patent.  According to the agency, the reduction of early stage fees is meant to help the inventor community to offset patenting costs for patent applicants who have not yet benefitted from the commercialization of their inventions.  The higher fees for the later stages of a patent life remain in place including patent maintenance fees. 

The following reduced fee (in the format of large entity/small entity/micro entity) will take effect on January 1, 2014:

Utility Patent Issue Fees will change from $1,780/$890/$445 to $960/$480/$240
Design Patent Issue Fees will change from $1,020/$510/$255 to $560/$280/$140
Publication Fee will change from $300 to $0.
Electronic Assignment Recordation Fee will change from $40 to $0.
New Small and Micro Entity Fees for PCT International Stage Applications will also change accordingly

A complete fee schedule can be found at this website: http://www.uspto.gov/web/offices/ac/qs/ope/fee031913.htm

Fee due for payment are calculated at the time of payment.  Therefore, if you have a patent related fee in the to be reduced categories that is due on or after January 1, 2014, you might want to delay payment to take advantage of the reduced fees.

Thanks for reading.
cwan@patentonomy.com




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