[Patentpractice] potential fee increase for fiscal year 2025

Wed Aug 21 17:08:22 UTC 2024

Unless I’ve missed the publication, the final fees won’t be implemented on October 1, 2024, as “Section 10(e) [of the AIA] requires the Director to publish the final fee rule in the Federal Register and the USPTO's Official Gazette at least 45 days before the final fees become effective.”  (45 days before Oct. 1 is Aug. 17)  Beyond that, who knows, but it need not be Jan 1, 2025.  Past final rule publications of fee adjustments under AIA have been all over the calendar:

FY 2013 (Setting and Adjusting Patent Fees, 78 FR 4212 (Jan. 18, 2013)),
FY 2018 (Setting and Adjusting Patent Fees During Fiscal Year 2017, 82 FR 52780 (Nov. 14, 2017)), and
FY 2020 (Setting and Adjusting Patent Fees During Fiscal Year 2020, 85 FR 46932 (Aug. 3, 2020) (FY 2020 Final Rule)).

Best regards,

-Jim

James C. Larsen
Attorney
Larsen IP PLLC
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From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> on behalf of Rebecca Westers via Patentpractice <patentpractice at oppedahl-lists.com>
Date: Wednesday, August 21, 2024 at 7:08 AM
To: For patent practitioners. This is not for laypersons to seek legal advice. <patentpractice at oppedahl-lists.com>
Cc: Rebecca Westers <RWesters at priceheneveld.com>
Subject: Re: [Patentpractice] potential fee increase for fiscal year 2025
Bill, we are wondering this as well (whether the first day of the increased fees is October 1, 2024, or January 1, 2025).

Becky

Rebecca A. Westers
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From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> On Behalf Of William Ahmed via Patentpractice
Sent: Thursday, August 15, 2024 2:04 PM
To: For Patent Practitioners. This Is Not for Laypersons To Seek Legal Advice. <patentpractice at oppedahl-lists.com>
Cc: William Ahmed <ahmed.william at ymail.com>
Subject: [Patentpractice] potential fee increase for fiscal year 2025

Dear List,
We have all read online (about 4-5 months ago) that the USPTO is considering to increase fees for Fiscal Year 2025.
See here --> https://www.uspto.gov/subscription-center/2024/proposed-patent-fee-changes-fiscal-year-2025
entitled Proposed patent fee changes for fiscal year 2025

Some of these proposed fee increases were quite contentious -- e.g. raising fees on applications with certain priority claims, significant increase on terminal disclaimers fees, etc.

I have two questions ->

QUESTION A ---> have these new rules/fees been implemented? Or is this still something that is 'under consideration'?
QUESTION B ---> what would be the FIRST day of these increased fees:   (i) January 1 2025 OR (ii) October 1, 2024.

Thanks,
Bill

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