[Patentpractice] do fees increase Oct 1, 2024 OR Jan 1, 2025???

Wed Aug 21 17:20:48 UTC 2024

The PTO just did the fee-setting Notice of Proposed Rulemaking in May.   It
typically takes a year to mature into a final rule, and the PTO must give
30 or 60 days' notice (depending on how many burrs the public comment
letters put under PTO's blanket and whether they have to get worked out at
OMB).  The usual course has been a Notice of Final Rule last week of July
or first week of August (in this case, that'd be July 2025) to take effect
Oct 1 (in this case Oct 1, 2025).  That's not a statutory requirement, only
the pattern over the last three or four fee-setting proceedings.

Until that Final Rule notice publishes, no one can answer the question.
https://www.federalregister.gov/documents/search?conditions%5Bterm%5D=%22patent+and+trademark+office%22&order=newest#

Patent Office currently estimates Final Rule publish in November and go
effective March 2025.
https://www.federalregister.gov/documents/2024/08/16/2024-16446/spring-2024-semiannual-agenda-of-regulations

I have been watching OMB's web site (
https://www.reginfo.gov/public/do/eoReviewSearch ) -- I haven't seen the
PTO submit for OMB review.  Which tells me that the comment letters raised
real issues that the PTO is grappling with.

I also note that the triennial reviews of Paperwork Reduction Act for new
patent applications and for "Patent Processing" (everything that happens
between a new application and a notice of allowance, except appeal) has
been pending at OMB since March and May respectively.  Typically these get
cleared in a couple weeks.  This is another pretty clear indication that
the PTO is having real "heart to heart" conversations with OMB, and may be
forced to stand down on some of the issues in the comment letters.   See
     https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202312-0651-001

https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=202312-0651-001
     https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202304-0651-001

https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=202304-0651-001

On Wed, Aug 21, 2024 at 12:59 PM William Ahmed via Patentpractice <
patentpractice at oppedahl-lists.com> wrote:

> Dear List,
> Please see below -- it seems like Rebecca also is asking the same question *about
> the proposed [upcoming?] fee-increase*
>
> On the one hand, various press releases or articles online referred to a
> Jan 2025 fee-increase.
> On the other hand, if memory serves me, FY 2025 begins on Oct 1, 2024.
>
> Does anyone know? I did not receive an answer, and unfortunately remain in
> the dark.
>
> MANY Thanks
> Bill
>
> On Wednesday, August 21, 2024 at 05:06:19 PM GMT+3, Rebecca Westers <
> rwesters at priceheneveld.com> wrote:
>
>
> 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*
>
> Docket and Records Manager
>
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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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