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Recent Changes to USPTO Patent Provisions

post Sunday October 2, 2011

patent provisions


On September 8, 2011, the US Senate approved the House version of the Leahy-Smith America Invents Act (H.R. 1249) relating to important US patent reform provisions soon to take effect at the U.S. Patent and Trademark Office. The USPTO will adopt the first to file principles similar to those already operating in Europe. On 16th September 2011 President Obama signed the bill into law. Several provisions of the bill will take effect immediately while others will be implemented in the next year or 18 months.

Of particular importance are that changes in the USPTO fee structures which took effect on September 26, 2011.  Specifically, most US patent-related fees increased by 15% from that date.  These fees include:

Note however, that the fees for filing a request for ex parte patent reexamination and inter partes patent reexamination remain unchanged.  Note also that the USPTO at this time is not offering the micro entity discount of 75% on any fees.  Once the USPTO sets these new fees, it is anticipated that the new fees will include a 50% reduction for small entities and the 75% reduction for micro entities for “filing, searching, examining, issuing, appealing, and maintaining patent applications and patents.” 






For more frequently asked questions on the new AIA implementation, please refer to:

For a full list of fee changes, please go to:

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