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

Thu Aug 22 15:03:19 UTC 2024

Hi,

This is really interesting. Will we ever find out what OMB might have
discussed with the PTO?
Also, I probably entirely missed this because it came out at a very busy
time for me,
but did the 2021 OIG report on the USPTO ever result in any changes,
and does the OIG ever follow up on the recommendations after awhile?
This report:
https://www.oig.doc.gov/Pages/USPTO-Has-Opportunities-to-Improve-its-Patent-Examination-Process-and-to-Advance-Patent-Decision-Making.aspx

It just seems like the report identified some issues that we often discuss
in this listserv, so it's disappointing that apparently nothing changed.

Best regards,
Leigh

On Wed, Aug 21, 2024 at 12:22 PM David Boundy via Patentpractice <
patentpractice at oppedahl-lists.com> wrote:

> 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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