Patents Advisory Bulletin
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 Patent Advisory Bulletin is a publication of the Patent Group of Davis Wright Tremaine LLP. Our purpose in publishing this Advisory Bulletin is to inform our clients and friends of developments in patent 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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