USPTO Releases its Proposed Patent Fee Schedule and Proposed Contested Case Rules

February 8, 2012 – Firm News

Proposed Patent Fee Schedule

The USPTO announces the release of a proposed patent fee schedule issued under Section 10 of the AIA. To explain the proposed fee changes, they have prepared five documents: (i) a transmittal letter from the USPTO to PPAC explaining the fee setting philosophy; (ii) an executive summary of their proposed fee schedule; (iii) detailed information about their proposed fee schedule; (iv) a table of proposed fee changes; and (v) aggregate revenue calculations:

USPTO Transmittal Letter to PPAC for Patent Fee Proposal

Executive Summary: Patent Fee Proposal

Detailed Appendices: Patent Fee Proposal

Table of Patent Fee Changes

Aggregate Revenue Calculations

The Patent Public Advisory Committee (PPAC) will hold two hearings about the USPTO's proposed patent fee schedule:

  • The first hearing is scheduled for Wednesday, February 15 at the USPTO's Alexandria campus.
  • The second hearing is set for Thursday, February 23 in Sunnyvale, California.

The PPAC welcomes testimony from the public at these hearings and/or written comments. Please visit the PPAC website for additional information. Details about the hearings as well as how to pre-schedule witness testimony is available on the AIA micro-site.

Proposed Contested Case Rules

The USPTO has released its proposed rules for the contested case provisions, i.e., inter partes review, post grant review, the transitional program for covered business methods, and derivation. The documents appearing below are not the official Federal Register publications of those proposed rules. The official Federal Register publications will follow later this week on February 9 and 10, 2012, and the agency will provide links to the official documents as soon as they are available. Publication of the proposed rules in the Federal Register will begin the sixty-day public comment period for the proposed rules:

Proposed Rules for Trials before the Patent Trial and Appeal Board (aka Proposed Umbrella Rules)

Practice Guide for Proposed Trial Rules

Proposed Rules for Post Grant Review

Proposed Rules for Inter Partes Review

Proposed Rules for the Transitional Program for Covered Business Methods

Proposed Rules for the Definition of Technological Invention

Proposed Rules for Derivation