Patent Office's New Fee Structure Begins March 19, 2013

The Leahy-Smith America Invents Act (AIA) provided the USPTO with new fee-setting authority. The authority specifically permits the USPTO to set fees to recover the cost of patent operations, reduce the current patent application backlog, decrease patent application pendency, improve patent quality, and upgrade infrastructure. The Office also has interpreted the authority as permitting it to set fees to further key policy considerations, such as fostering innovation, encouraging activities by applicants to improve the operation of the patent system and providing flexible and cost-effective options for seeking patent protection. After a lengthy process involving notice of proposed new fees, public hearings and opportunities for public comment, the USPTO recently published its final rules on fees: Patent Fees Final Rule (78 Fed. Reg. 4212, January 18, 2013). Most of the fee changes are effective on March 19, 2013.