The
United States Patent and Trademark Office (USPTO) is setting and
adjusting Patent and Patent Trial and Appeal Board fees for the first
time in almost three years through its Final Rule, effective on October 2, 2020.
Consistent
with federal fee-setting standards, in 2017, the USPTO began its
biennial review of fees, costs, and revenues, and found that fee
adjustments are necessary to adjust to increasing costs and to provide
necessary resources for Patent operations, including implementing the
USPTO 2018-2022 Strategic Plan.
In
2018, the Patent Public Advisory Committee (PPAC) held a public hearing
in Alexandria, Virginia, inviting members of the public to submit
written and/or oral testimony on fee adjustments. PPAC considered the
public comments from this hearing and made them available on the USPTO website. Later, PPAC provided a written report
setting forth the comments, advice, and recommendations of the public
and the committee regarding the preliminary proposed fees.
The
USPTO considered and analyzed all comments, advice, and recommendations
received from PPAC and then, on July 31, 2019, published a Notice of Proposed Rulemaking regarding Setting and Adjusting Patent Fees during Fiscal Year 2020. The USPTO received and considered comments
from four intellectual property (IP) organizations and 40 individuals,
attorneys, law firms, corporations, and other associations. Responses to
the comments are included in the Final Rule.
More
recently, the USPTO has considered the state of the U.S. economy, the
operational needs of the agency, and the comments and advice received
from the public during the 60-day comment period in determining when to
implement the final rule. The USPTO then made adjustments to the timing
of the Final Rule based on all of these considerations, specifically to
delay publishing the Final Rule from April, with a July effective date,
to August, with an October effective date. This approach is consistent
with the USPTO’s many other efforts to provide various types of relief
to stakeholders, including deadline extensions and fee postponements.
Ultimately, the goal of the USPTO is to ensure not only that businesses
and entrepreneurs can weather the economic downturn, but also that they
can hit the ground running as it passes.
Among
the changes made in response to the comments, the USPTO decided not to
implement the annual active patent practitioner fee at this time and
delayed implementation of the fee related to DOCX.
The
overall strategy of the Final Rule is to establish a fee schedule that
generates sufficient multi-year revenue to recover the aggregate costs
of maintaining USPTO patent-related operations and accomplishing the
USPTO’s patent-related strategic goals.
The
Final Rule will benefit the IP community by enabling the USPTO to
continue to enhance the quality of patent examination, achieve optimal
examination times, invest in modernizing patent information technology
systems and infrastructure, and provide stability to USPTO operations,
even in times of financial fluctuations.
To learn more about the fee changes, please visit the Summary of FY 2020 Final Patent Fee Rule page of the USPTO website.