Search Team

Search by Last Name
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z

Client Alerts

Patent Reform: What You Need To Know About Fee Increases

September 15, 2011

Client Alerts

Patent Reform: What You Need To Know About Fee Increases

September 15, 2011

Back to News Listing

 

Patent Reform: What You Need To Know About Fee Increases
The America Invents Act is expected to be signed into law on Friday, September 16, 2011.While some major changes – such as first inventor to file priority, and the new post grant and inter partes procedures – will not be effective for 12 to 18 months, Patent and Trademark Office fees will increase almost immediately.

The Act provides for a 15% surcharge on almost all fees, including maintenance fees, effective 10 days after the Act’s signing. Specifically, the Act states: There shall be a surcharge of 15% on all fees charged or authorized by subsections (a), (b), and (d)(1) of section 41, and section 132(b), of title 35, United States Code. This language can be found on page 108, here.

The anticipated effective date for the surcharge on fees begins on Monday, September 26, 2011.

Patentees seeking to avoid 15% surcharges may want to accelerate some filings and payments, before surcharges take effect. Contact your Fish & Richardson attorney to help evaluate whether early filing and payment makes strategic sense for you.

Fees subject to the surcharge include:

35 USC 41(a) General fees
Filing fees
Excess claims fees
Exam fees
Issue fees
Extension fees

35 USC 41(b) Maintenance fees

35 USC 41(d)(1) Patent search fees

35 USC 132(b) Reexam fees

Assignment fees ($40) are exempt from the 15% surcharge.

Fish & Richardson has more information about the America Invents Act on our website at http://www.fr.com/patent-law-reform-updates/


Please join us for a series of webinars covering What You Need to Do Now, Post Grant Review, Prior Art and Priority Issues, and Lab Notebooks after First to File.

The first in this series, What You Need to Do Now, will be held Tuesday, September 20, at 1pm ET. To reserve your spot for any of these webinars, RSVP to Tracey Spadavecchia at spadavecchia@fr.com

© Copyright 2011 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this newsletter has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.

 

Related Services

Stay current with Fish Sign up for our Newsletter