Sheldon Mak & Anderson - USIP.com

Tuesday, September 27, 2011

AMERICA INVENTS ACT - EFFECTS ON FEES


            President Obama on Friday, September 16, 2011 signed the America Invents Act.  Only a few of the provisions of the act are effective immediately.  Certain of these provisions affect fees.  As previously reported, a 15% fee increase is effective on September 26, 2011. 

Microentities
            There will be a 75% reduction in fees for a new category of patent applicants, namely “microentities.”  It is unclear whether that reduction will actually take place immediately, because the Patent Office may need to issue rules as to who and what qualifies as a “microentity.”

Non-Electronic Filing
            There will be an additional $400 fee, reduced by 50% for small entities, that will apply to applications not electronically filed.  This will take effect on November 15, 2011.  Therefore if someone is not filing electronically, the application should be filed prior to November 15, 2011.

            Stay tuned for additional comments on this Act.