Feedback on USPTO Proposed Charge Modifications

The USPTO has proposed a significant set of patent payment revisions. One objective of the brand new charges is to boost income. It is usually clear that the proposal is designed to shift patent applicant conduct alongside sure fronts.  You possibly can learn extra on the following hyperlinks. Be aware, that the PPAC will probably be holding a public listening to Thursday, Could 18, 2023, from 1-3 p.m. ET.

I submitted a quick remark arguing that earlier than any payment shifting happens, it’s important to conduct an financial evaluation to forecast the influence on USPTO income and on innovator conduct.  Within the commentary, I define 4 normal classes of charges, together with (1) charges designed to boost cash for the USPTO, (2) charges that create a expensive display, (3) charges that shift conduct with out considerably shifting rights or elevating total prices, and (4) charges that discourage sure behaviors that lead to a lack of rights for customers. Every of those classes has potential main impacts, however classes 2 and 4 elevate particular considerations.

Within the commentary, I establish eight particular proposed payment adjustments that require particular consideration by the USPTO chief economist or different financial specialists. These embrace new and elevated charges for AIA Trial filings, new massive prices for terminal disclaimers, and substantial will increase in charges for extra claims, amongst others.

Learn it right here: ltr.20230510.FeeShifting