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Saturday, January 19, 2013

New USPTO Fees Announced

     Lots of changes coming with the new fee schedule, effective March March 19, 2013. This is, of course, just three days after the March 16, 2013 date on which the First-to-File changes of the America Invents Act become operative.

     Several changes have been highlighted by Dennis Crouch over at Patently-O, including highlighting the 75% microentity discount that will become effective on March 19th. As recommended by Professor Crouch, since they qualify for the discount as “Institutions of Higher Learning" under 35 U.S.C. 123(d), it might benefit universities to file provisionals now and then convert to utility application once the new fees become effective.

     The PTO is doing its best to encourage applicants to file early by lowering the cost of filing through issuance, as shown in the following Table:

     At the same time, there will be increased pressure to monetize patents or otherwise come to an early decision regarding maintaining patents as part of a larger portfolio, since the maintenance fees have increased dramatically, as follows:

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