[Patentpractice] SUNRISE FOR dreaded "new fees"

[Andrea R. Jacobson]

That is my understanding as well and is consistent with all of the examples provided in the final rule.  Everything is based on when you pay, not when your application as filed.

From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> On Behalf Of Timothy Snowden via Patentpractice
Sent: Tuesday, January 7, 2025 9:14 AM
To: patentpractice at oppedahl-lists.com
Cc: Timothy Snowden <tdsnowden at outlook.com>
Subject: Re: [Patentpractice] SUNRISE FOR dreaded "new fees"


I believe the fees are assessed as of the date the fees are paid.
On 1/7/2025 7:34 AM, William Ahmed via Patentpractice wrote:
Dear List,
The dreaded fee-increase (e.g. reasonable/small/inflation related increase for most fees, double for extra claims fees, and the 'huge tax' on benefit older benefit claims - up to $4000) will come into effect on Jan 19, 2025.

FACT A -> If I file a new application TODAY [Jan 7 2025], and I pay all fees, it does not matter if the USPTO only processes my new filing in February 2025 - I file before Jan 19, 2025 and I enjoy the LOWER rates.
FACT B --> If I file a new application on Jan 20, 2025, then I must pay fees at the much higher rates including the double extra-claims fees and (if relevant) the very large surcharge for 'old benefit claim.'


MY QUESTION - what if I file a new patent US non-provisional application with 5 independent claims [27 claims total] on Jan 17, 2025 [with oldest benefit claim from 2014] and I do not pay ANY fees?
In that case, the USPTO will mail a 'notice of missing parts' after Jan 19, 2025 (e.g. in February 2025)

What filing/search/examination fee will I need to pay? (at old rates or new rates)?
Will I be required to pay the 'old benefit claim' surcharge (up to $4,000 large entity)?
What about 'extra claims fees'? The USPTO will ask for fees for 2 extra independent claims and 7 claims total - will these be paid at the OLD rates or the NEW rates?

Many thanks,
Bill



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