My previous blog post discussed the positives of the new USPTO changes that were made last month and implemented on March 19th. Here I discuss the potential negative implications. Although, the new amendment greatly favours "Micro entities", on the other hand, the majority of the USPTO fees have inflated in price.
Below are a select few that represent important areas where price inflation occurred:
Filing Application (Filing + Search + Examination Fees): $1,600 up from $1,260.
Additional claims: $80 for each additional claim; $420 for each additional independent claim. This is up from $62 and $250 respectively.
Issue fee: $1,780 up from $1,770.
Maintenance (renewal) fees:
Due at 3.5 years: $1,600 up from $1,150.
Due at 7.5 years: $3,600 up from $2,900.
Due at 11.5 years: $7,400 up from $4,810.
Request for Continued Examination:
First Request: $1,200 up from $930.
Second or Subsequent Request: $1,700 up from $930.
Request for Prioritized Examination: $4,000 down from $4,800.
Arguably, these price increases could lead to a decrease in the quantity of patents submitted to the USPTO. However, the submission of patents is an extremely important part of long term strategy for large companies Given the fact that large companies are the biggest submitter of patents, it would be reasonable to assume that these price increases would have little impact on a company that is turning over revenues within the millions or more. Patent submission, especially within the current highly competitive environment is essential; companies will most probably make the small adjustments to their budgets to integrate these changes without thinking. Alternatively, companies can make the necessary financial and budgetary cuts in other areas of the organisation in order to pay the USPTO's new fees. In this respect, I believe that these changes will have limited negative impact on the P+L's of major corporations.
i agree. if a company is making tens of millions of revenue, a little price increase would really not affect whatever it is already doing right now. however, it's really gonna add extra burden to small and medium scale companies.
ReplyDeletehowever i think it might also cut back the no. of patent trolls?
I agree with you and Allista about the price increase, but what is the goal for this? To make less claims? In this case i think it is good because it would deter patent trolls from filing so many claims. Also, if small companies were trying to file claims and can't because of the money this wouldn't make sense to me. If they are sure someone infringe on their patents or whatever they are filing a claim for they should be positive they are going to win that way their expenses will later be compensated.
ReplyDeleteI hope that these price increases will help discourage patents that are somewhat ridiculous in nature. Many people will think twice before filing for a watch that can predict when you die, a doll that encourages children to dance, or a bird diaper. Although the increase in price may hurt small business who are filing for a legitimate patent, I think these increases will have a positive effect on the patent system.
ReplyDelete