[Patentpractice] SUNRISE FOR dreaded "new fees"
Rick Neifeld
richardneifeld at gmail.com
Tue Jan 7 22:15:20 UTC 2025
The rule contains an effective date provision, and no applicability date
provisions. So, it is effective on the date specified. For IDSs, the rule
specifies "Information disclosure statement size fee for an information
disclosure statement *filed* under § 1.97 that."
So I began a 371 filing in the USPTO for a recently filed IA, and filed in
the USPTO an IDS specifying a large number of references, now, to hopefully
beat the IDS fees. National stage is more than a year out.
It is unclear whether this will work if all of the "applicant-provided"
items of information are not on file by 1/19. So file references now.
On Tue, Jan 7, 2025 at 8:39 AM William Ahmed via Patentpractice <
patentpractice at oppedahl-lists.com> 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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>
--
Best regards
Rick Neifeld, J.D., Ph.D.
Neifeld IP Law PLLC
9112 Shearman Street, Fairfax VA 22032
Mobile: 7034470727
Email: RichardNeifeld at gmail.com;
This is NOT a confidential and privileged communication. If you are not
the intended recipient, please delete this email and notify the sender you
have done so.
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