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Important Patent-Related News: Consolidated
Appropriations Act, 2005 Took Effect on Dec. 8, 2004
Fees Increased
for all Patent Applications Filed and Prosecuted in the U.S.
By Jane
E.R. Potter, Ph.D.
[December 2004]
On Dec. 8, 2004, the Consolidated Appropriations Act, 2005
(H.R. 4818) was signed by the president and took effect the
same day. The fees provided for in this Act are effective Dec.
8, 2004 through 2005 and 2006. For most of the fees, the only
change is an increase in the amount. However, some procedural
changes and some new fees are listed below. A 50 percent reduction
in fees for small entities is covered under the Act. A full
discussion of the Act is available
here.
Important highlights of the Act include the following:
Filing fee: One of the major changes
involves the initial filing of a patent application. Under prior
prActice, a single filing fee was paid upon filing of a new
utility application. The Act now provides for three separate
fees: (1) a basic filing fee; (2) a search fee; and (3) an examination
fee. These fees apply to all U.S. applications (other than provisional
applications) filed on or after Dec. 8, 2004, and to international
patent applications in which the basic national fee is paid
on or after Dec. 8, 2004. The new provisional application filing
fee also took effect on Dec. 8, 2004.
Application length: A second important
change relates to the length of the patent application. Under
prior practice, no fee was imposed for extra pages in a utility
application. Now, the first 100 pages of specification and drawings
(figures) are covered in the basic filing fee, but a fee of
$250 is charged for each 50 pages over the initial 100.
Increased fees: Fee increases that
will affect day-to-day patent prosecution include a $200 fee
for each independent claim above three, and a $50 fee for each
claim over 20. (Under the Act, as before, 20 claims total and
three independent claims are still included with the basic filing
fee.) Most other patent prosecution-related fees as well as
fees related to post-allowance prActice are increased. For example,
extension of time fees, and fees for filing a Notice of Appeal
and a Brief on Appeal, have been raised.
Maintenance fees: For any maintenance
fee payment made on or after Dec. 8, 2004, regardless of the
filing date or the issue date of the patent, the new fee schedule
applies.
A complete list of the current fees, as of Dec. 8, 2004, is
found at www.uspto.gov/web/offices/ac/qs/ope/fee2004dec08.htm.
For further information, please contact:
This Life Sciences Advisory Bulletin is a publication of the
Life Sciences Group of Davis Wright Tremaine LLP. Our purpose
in publishing this Advisory Bulletin is to inform our clients
and friends of developments in life sciences law. It is not
intended, nor should it be used, as a substitute for specific
legal advice as legal counsel may be given only in response
to inquiries regarding particular situations.
Copyright © 2004,
Davis Wright Tremaine LLP.
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