Patent Law Updates | New Statutes, Regulations and Rules
April 23, 2012
U.S. Patent and Trademark Office Seeks Public Input on Proposed Fees
Patent Public Advisory Committee Public Hearings on the Proposed Patent Fee Schedule
USPTO No. 12-09, 37 CFR Chapter I, Docket No. PTO-P-2012-0002, 2/7/2012
The United States Patent and Trademark Office (USPTO) has published proposed fees for all of its patent services after working with IP stakeholders – taking the first step in setting fees through the regulatory process under authority provided in the Leahy-Smith America Invents Act (AIA) for the first time in USPTO’s history.
“The new fee setting authority provided by the Leahy-Smith America Invents Act has presented the USPTO with a tremendous opportunity to continue improving our nation’s intellectual property system, and we take this responsibility very seriously” said Under Secretary of Commerce for Intellectual Property and USPTO Director David Kappos.
“The fee schedule published this week represents only an initial proposal and is far from final. We invite feedback and recommendations from the public and look forward to a meaningful dialogue over the coming months as we work to set these fees at the optimal levels,” he continued.
Throughout the fee setting process, the USPTO will be guided by two overriding principles:
• First, the agency must operate within a more sustainable funding model to avoid disruptions in agency operations caused by fluctuations in the economy. Doing so requires that the fees charged for services more closely reflect the actual cost of delivering those services. This cost must responsibly account for both planned expenses and unanticipated events.
• Second, the USPTO is adhering to the strategic imperative set by its user community to dramatically reduce patent pendency and the backlog of unexamined patent applications in accord with the USPTO 2010 – 2015 Strategic Plan.
The USPTO has published a proposed patent fee schedule and related supplementary information for public viewing at www.uspto.gov/americainventsact.
The USPTO invites feedback and recommendations and encourages stakeholders to examine the methodology and highlight any areas where the Agency’s calculations, assumptions, or methods may be improved. This open dialogue will enhance the final product and help to ensure that the end result represents the best path forward for the U.S. patent system.
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