Post # 7: USPTO changes, positive

After blogging about a variety of legal cases concerning mobile device patent litigation I felt that a more practical investigation into what we are learning in class was in order. For this reason, my next two blogs will focus on the newly implemented changes that occurred recently within the USPTO. The USPTO, although known for being laboriously slow, last month, instigated a new fee system. This officially became active on March 19th. Initially, I will talk about the positives of the amendment.

Perhaps the greatest addition to this fee amendment is the 75% reduction of standard fees on "Micro entities." This is clearly delineated on the USPTO website where "The fees subject to reduction upon establishment of small entity status (37 CFR 1.27) or micro entity status (37 CFR 1.29) are shown in separate columns”.

This new change is good news for small scale entrepreneurs  startups and importantly students like us. A micro entity is assessed for qualification on a series of criteria: 

1) Qualification based on experience: No more than 4 previous applications
2) Qualification based on Income: The a applicants gross income (as defined by the IRS) must not exceed three times the median household income
3) Qualification based on Institution of Higher Education status: The applicant’s employer has to be an institution of higher education or the applicant has agreed in advance to pledge the patent to an educational institution upon receiving it

This favouritism for smaller scale inventors is a welcome addition to innovation and in my opinion a long awaited change.