Ballard Spahr LLPL: Important Fee Provisions of New Patent Reform Act Take Effect Monday

By Mary Anthony Merchant, Ph.D. and Estelle Tsevdos

On September 16, 2011, President Obama signed into law the Leahy-Smith America Invents Act, which makes significant changes to U.S. patent law. Certain provisions related to fee increases take effect next week on September 26, 2011. 

The U.S. Patent and Trademark Office will add a 15 percent surcharge on most fees charged, including filing fees, excess claims fees, examination fees, issue fees, extension fees, maintenance fees, patent search fees, and reexaminations fees. Applicants may wish to accelerate their submissions in order to avoid the surcharge.

The Leahy-Smith Act set the filing fee for prioritized examination at $4,800 for large entities and $2,400 for small entities. The final rules for requesting prioritized examination had been on hold since April 29, 2011, but with the Leahy-Smith Act changes, the effective date for filing for prioritized patent examination is September 26, 2011. The final rules are expected to be published in the Federal Register this week.

If you have any questions about the Leahy-Smith Act, or would like to take action prior to the implementation of the fee surcharge on September 26, 2011, please contact your Ballard Spahr patent attorney.


Copyright © 2011 by Ballard Spahr LLP.
www.ballardspahr.com
(No claim to original U.S. government material.)

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of the author and publisher.

This alert is a periodic publication of Ballard Spahr LLP and is intended to notify recipients of new developments in the law. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have.

....

Lexis.com subscribers can explore/search Patent Law resources on Lexis.com or access any of these Mathew Bender Patent Law publications:

Non-subscribers can purchase Patent Law treatises/resources and Mathew Bender publications from the LexisNexis Bookstore

For more information about LexisNexis products and solutions connect with us through our corporate site.