HR 1249 USPTO Fee Increases
Patent Fees to Increase under HR 1249
Most of the provisions of the Leahy-Smith Act will take some time to become effective. The change to a first-to-file regime from first-to-invent will only apply to patent applications with an "effective filing date" that is 18-months from enactment or thereafter. Other provisions will take effect almost immediately. A summary of the bill and all it's sections can be found here: section_summary_26jul2011.pdf
The following provisions, as stated in the act will take effect almost immediately:
- Implements 15% surcharge on all patent fees, effective 10 days after enactment
- Establishes prioritized examination fee of $4,800 (above usual fees) with 50% reduction for small entities, effective 10 days after enactment.
- Defines “micro entity” (to include universities) and provides for 75% fee reduction for those applicants.