By Dennis Crouch
Today the USPTO published its final fee-setting rules under what is being termed the USPTO's "Section 10 authority" based upon Section 10 of the Leahy-Smith America Invents Act that provides the USPTO with broad authority to set fees with the major caveat being that the fees as a whole be set to recover the aggregate costs of the Patent Office. The new fees are scheduled to become effective on March 19, 2013. (A few days after the March 16, 2013 critical date for the First-to-File Changes.)
The major changes include:
- Micro entity 75% reduction for most fees (universities qualify and may want to file provisional applications now and wait to file their non-provisional applications).
- Total Filing Fees – Up: $1,260 to $1,600.
- Issue Fees – Down: $1,770 to $960 and $300 publication fee eliminated. (These will not be implemented until January 2014).
- Maintenance Fees: Up
- First Fee at 3 ½ years: $1,150 to $1,600.
- Second Fee at 7 ½ years: $2,900 to $3,600.
- Third Fee at 11 ½ years: $4,810 to $7,400.
- Extension-of-time fees up about 10%
- Claim Fees: Up
- More than 3 independent claims: $250 to $420 per claim.
- More than 20 total claims: $62 to $80 per claim.
- RCE Fees: UP: $930 to $1,200 and new surcharge of $500 for filing a second RCE.
- Appeals: Slightly Cheaper file an appeal, but a new surcharge of $2,000 for actually forwarding the brief to the PTAB rather than settling the case with the examiner.
- Ex Parte Reexamination: Down from $17,750 to $12,000, small and micro entity privileges apply.
- Inter Partes Reviews will cost $23,000 ($14,000 refund if IPR petition is rejected).
- Post Grant Reviews will cost $30,000 ($18,000 refund if PGR petition is rejected).
- Derivation Petition remains $400.
- Assignments: Free if submitted electronically this is down from $40.
More here: https://t.co/GCbHlXN1
Design patent fees are also changing:
- Total Filing Fees - $530 to $760
- Issue Fee – Down: $1010 to $560