Patent Fees to Increase under HR 1249

Most of the provisions of the Leahy-Smith Act will take some time to become effective.  The change to a first-to-file regime from first-to-invent will only apply to patent applications with an "effective filing date" that is 18-months from enactment or thereafter.  Other provisions will take effect almost immediately.  A summary of the bill and all it's sections can be found here:  section_summary_26jul2011.pdf

The following provisions, as stated in the act will take effect almost immediately:

  • Implements 15% surcharge on all patent fees, effective 10 days after enactment
  • Establishes prioritized examination fee of $4,800 (above usual fees) with 50% reduction for small entities, effective 10 days after enactment.
  • Defines “micro entity” (to include universities) and provides for 75% fee reduction for those applicants.
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