USPTO Proposes New Patent Fee Structure | Practical Law

USPTO Proposes New Patent Fee Structure | Practical Law

Recently, the USPTO released an initial proposal with a new patent fee schedule under the authority granted to it by the Leahy-Smith America Invents Act. Generally, the proposed fee schedule increases most patent fees for both large and small entities.

USPTO Proposes New Patent Fee Structure

Practical Law Legal Update 8-517-9475 (Approx. 3 pages)

USPTO Proposes New Patent Fee Structure

by PLC Intellectual Property & Technology
Published on 09 Feb 2012 • USA (National/Federal)
Recently, the USPTO released an initial proposal with a new patent fee schedule under the authority granted to it by the Leahy-Smith America Invents Act. Generally, the proposed fee schedule increases most patent fees for both large and small entities.
On February 7, 2012, the USPTO proposed a new patent fee schedule, under the authority granted by the Leahy-Smith America Invents Act (AIA). The fee schedule is an initial proposal issued for the Patent Public Advisory Committee (PPAC) to hold public hearings, gather public feedback and prepare a report for the USPTO. PPAC is holding public hearings on:
  • Wednesday, February 15, 2012 at the USPTO in Alexandria, Virginia.
  • Thursday, February 23, 2012 in Sunnyvale, California
It also is accepting written comments through February 29, 2012.
After the PPAC submits its report, the USPTO will publish its final proposed fee schedule in a Federal Register notice of proposed rulemaking. This publication in the Federal Register is expected to occur in June, 2012 and will open a 60‐day public-comment period.
The proposed schedule would set fees for new proceedings under the AIA and increase most other patent fees. Most notably:
  • For Patent Trial and Appeal Board post-patent proceedings, the proposed petition fees are:
    • for inter partes review, $27,200 for a patent with 20 or fewer claims and over $100,000 for a patent with more than 70 claims; and
    • for post-grant review and the transitional program for covered business method patents, $35,800 for a patent with 20 or fewer claims and over $125,000 for a patent with more than 70 claims.
  • Under the proposed schedule, fees would increase for:
    • examination of a utility patent application, from $250 to $780;
    • independent claims in excess of three, from $250 to $460;
    • claims in excess of 20, from $60 to $100;
    • multiple dependent claims, from $450 to $860;
    • a request for continued examination, from $930 to $1,700;
    • a request for ex parte reexamination, from $2,520 to $17,760; and
    • a notice of appeal, from $620 to $1,500.
  • The fee for filing an appeal would be $2,500.
The USPTO provides on its website a comprehensive table of the proposed patent fees. The USPTO website also provides general information on AIA implementation.
For more information on other USPTO implementing rules for the AIA, see Practice Note, Road Map to USPTO Leahy-Smith America Invents Act Implementing Rules. For general information about the AIA, see Practice Note, Leahy-Smith America Invents Act: Overview.