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Author: Scarinci Hollenbeck, LLC
Date: December 19, 2017
The Firm
201-896-4100 info@sh-law.comThe U.S. Patent and Trademark Office (USPTO) recently issued a final rule raising certain patent fees. While many filers may have sticker shock, there is an upside — The additional fee collections should help the agency reduce its backlog, decrease wait times, and make needed technology improvements.
The American Invents Act (AIA) authorizes the USPTO to set or adjust all patent and trademark fees established, authorized, or charged under Title 35 of the U.S. Code and the Trademark Act of 1946. When fees are set, the aggregate revenue from the patent fees may be used to recover the aggregate estimated cost of patent operations, including administrative costs to the USPTO.
The USPTO last adjusted its fees under the AIA in 2013. The latest changes become effective on January 16, 2018.
The USPTO published a table summarizing all of the new or adjusted fees. Below are several notable changes:
The USPTO does provide discounted patent fees for start-ups and other small businesses. In most cases, small entities pay 50% of the standard fee, while micro-entities pay 25%. Maintenance fees are similarly reduced for small businesses.
To qualify for discounted patent fees, small entities must meet the definition of “small business concern” under § 3 of the Small Business Act (most significantly that they must not have more than 500 employees).
To qualify as a micro entity, an applicant must meet all of the following criteria:
There are other strategies available to reduce the cost of pursuing patents. To determine the best course of action for your business, it is essential to work with an experienced intellectual property attorney.
Do you have any questions? Would you like to discuss the matter further? If so, please contact me, David Einhorn, at 201-806-3364.
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