America Invents Act

Source for information and real time news on implementation of the Leahy-Smith America Invents Act
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The USPTO has released updated filing statistics for the post-grant proceedings that became available through the AIA, including preissuance submission, supplemental examination, inter partes review and covered business methods.  The statistics are current as of December 31, 2013.  See the statistics here.

For more information on preissuance submissions, click here.

For more information on supplementation examinations, click here.

For more information on inter partes review, click here.

For more information on covered business method patents, click here.

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The USPTO has released new statistics on the frequency, the compliance, and the content of preissuance submissions.  As of January 17, 2014, the Office has received 1,414 preissuance submission filings.  The technology center that has seen the highest number of filings includes areas related to mechanical engineering, unlike areas related to electrical engineering that have seen the least filings.

With regard to compliance, nearly 74% of filings have been considered “proper” by the Office, meaning that those filings have met the eligibility requirements.

To see the entire post from the USPTO with more detailed statistics, click here.

For more information on preissuance submissions, click here.

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On February 12, 2014, the Patent Public Advisory Committee (PPAC) held its quarterly meeting, addressing the progress of various AIA implementations.  Among those topics addressed was the number of AIA petition filings and the technology breakdown of those filings, including inter partes review, covered business methods, and derivation proceedings.

As of January 30, 2014, the number of petitions filed in each category includes:

  • Inter Partes Review: 851
  • Covered Business Methods: 113
  • Derivation Proceedings: 4

The breakdown of overall filings by technology includes:

  • Electrical/Computer: 680 (70.3%)
  • Mechanical: 155 (16.0%)
  • Chemical: 72 (7.4%)
  • Bio/Pharma: 55 (5.7%)
  • Design: 6 (0.6%)

 

To see other AIA material from the PPAC meeting, click here.

For more information on inter partes review, click here.

For more information on covered business method patents, click here.

For more information on derivation proceedings, click here.

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The USPTO has enacted a new fee schedule effective January 1, 2014.  The new schedule, available here, makes several important changes to the schedule, including changes to the patent post-allowance fees, PCT fees (international stage), and patent service fees.  See below for an explanation of detailed changes.

Patent Post-Allowance Fees

  • Utility issue fee – fee decrease from $1,780/$890/$445 to $960/$480/$240.
  • Reissue issue fee – fee decrease from $1,780/$890/$445 to $960/$480/$240.
  • Design issue fee – fee decrease from $1,020/$510/$255 to $560/$280/$140.
  • Plant issue fee – fee decrease from $1,400/$700/$350 to $760/$380/$190.
  • Publication fee for early, voluntary, or normal publication – fee decrease from $300 to $0.

PCT Fees – International Stage

  • Transmittal fee – new small/micro entity fee of $120/$60.
  • Search fee – regardless of whether there is a corresponding application (see 35 U.S.C. 361(d) and PCT Rule 16) – new small/micro entity fee of $1,040/$520.
  • Supplemental search fee when required, per additional invention – new small/micro entity fee of $1,040/$520.
  • Transmitting application to Intl. Bureau to act as receiving office – new small/micro entity fee of $120/$60.
  • Preliminary examination fee – U.S. was the ISA – new small/micro entity fee of $300/$150.
  • Preliminary examination fee – U.S. was not the ISA – fee increase from $750 to $760.
  • Preliminary examination fee – U.S. was not the ISA – new small/micro entity fee of $380/$190.
  • Supplemental examination fee per additional invention – new small/micro entity fee of $300/$150.
  • Late payment fee – new small/micro entity fee (variable)

Patent Service Fees

  • Recording each patent assignment, agreement or other paper, per property – if submitted electronically – fee decrease from $40 to $0.  (If not submitted electronically, the fee amount remains $40.)
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The USPTO has released updated filing statistics for the post-grant proceedings that became available through the AIA, including preissuance submission, supplemental examination, inter partes review and covered business methods.  The statistics are current as of December 31, 2013.  See the statistics here.

For more information on preissuance submissions, click here.

For more information on supplementation examinations, click here.

For more information on inter partes review, click here.

For more information on covered business method patents, click here.

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As part of the AIA, the USPTO is required to establish methods of studying the diversity of patent applications.  The agency is now seeking public feedback about how effective different approaches would be for collecting diversity information from patent applications in the future, including what information might be appropriate for the agency to collect.  All comments must be submitted by January 31, 2014.

Click here for more information on the USPTO’s full request for information, including how to provide comments.

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The USPTO will enact a new fee schedule effective January 1, 2014.  The new schedule, available here, will make several important changes to the current fee schedule, including changes to the patent post-allowance fees, PCT fees (international stage), and patent service fees.  See below for detailed changes.

Patent Post-Allowance Fees

  • Utility issue fee – fee decrease from $1,780/$890/$445 to $960/$480/$240.
  • Reissue issue fee – fee decrease from $1,780/$890/$445 to $960/$480/$240.
  • Design issue fee – fee decrease from $1,020/$510/$255 to $560/$280/$140.
  • Plant issue fee – fee decrease from $1,400/$700/$350 to $760/$380/$190.
  • Publication fee for early, voluntary, or normal publication – fee decrease from $300 to $0.

PCT Fees – International Stage

  • Transmittal fee – new small/micro entity fee of $120/$60.
  • Search fee – regardless of whether there is a corresponding application (see 35 U.S.C. 361(d) and PCT Rule 16) – new small/micro entity fee of $1,040/$520.
  • Supplemental search fee when required, per additional invention – new small/micro entity fee of $1,040/$520.
  • Transmitting application to Intl. Bureau to act as receiving office – new small/micro entity fee of $120/$60.
  • Preliminary examination fee – U.S. was the ISA – new small/micro entity fee of $300/$150.
  • Preliminary examination fee – U.S. was not the ISA – fee increase from $750 to $760.
  • Preliminary examination fee – U.S. was not the ISA – new small/micro entity fee of $380/$190.
  • Supplemental examination fee per additional invention – new small/micro entity fee of $300/$150.
  • Late payment fee – new small/micro entity fee (variable)

Patent Service Fees

  • Recording each patent assignment, agreement or other paper, per property – if submitted electronically – fee decrease from $40 to $0.  (If not submitted electronically, the fee amount remains $40.)
Leave a Comment

As part of the AIA, the USPTO is required to establish methods of studying the diversity of patent applications.  The agency is now seeking public feedback about how effective different approaches would be for collecting diversity information from patent applications in the future, including what information might be appropriate for the agency to collect.  All comments must be submitted by January 31, 2014.

Click here for more information on the USPTO’s full request for information, including how to provide comments.

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The USPTO has recently released guidance material on the inventor’s oath/declaration provisions of the AIA.  This material also includes information regarding updates to certain USPTO forms, including the Application Data Sheet, Substitute Statements and Power of Attorney by Applicant for post-AIA applications.  To see the USPTO’s post in more detail, click here.

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The USPTO has released updated filing statistics for the proceedings that became available through the AIA, including preissuance submission, supplemental examination, inter partes review and covered business methods.  The statistics are current as of September 27, 2013.  See the statistics here.

For more information on preissuance submissions, click here.

For more information on supplementation examinations, click here.

For more information on inter partes review, click here.

For more information on covered business method patents, click here.