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ARTICLE · 22 DECEMBER 2016

USPTO Proposes Fee Increases For FY 2017

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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The USPTO has published its notice of proposed rulemaking for the FY 2017 patent fee schedule in the Federal Register. The USPTO proposes fee increases to recover its estimated costs for patent operations...

United StatesIntellectual Property

The USPTO has published its notice of proposed rulemaking for the FY 2017 patent fee schedule in the Federal Register. The USPTO proposes fee increases to recover its estimated costs for patent operations and achieve its strategic goals of optimizing patent quality and timeliness and increasing international efforts to improve IP policy, protection, and enforcement.

The Office proposes increasing 205 patent fees. The vast majority of proposed fee increases follow the incremental changes seen in the past. The most noteworthy and sizable fee increases are for the Patent Trial and Appeal Board (PTAB) proceedings established under the AIA ("AIA Trials"). These increases align the fees for AIA Trials with the calculated actual costs of the proceedings. The proposed rulemaking also includes details on the USPTO's progress and continued goals to reduce patent backlog and pendency, increase examination quality, and build an operating funds reserve.

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