Published: Tuesday, August 30, 2011
Prioritized Examination: $4,800
By Smith & Hopen | Smith & Hopen PA
The patent reform legislation (H.R. 1249), passed by the House and awaiting a Senate vote, includes some new fee provisions that would go into effect on the date of enactment. Effective 10 days after enactment is a $4,800 fee for "Prioritized Examination," corresponding to the USPTO's "Track I" rulemaking issued as final April 4, 2011 (76 Fed. Reg. 18399) but indefinitely postponed April 20, 2011 (76 Fed. Reg. 23876) for funding reasons. See 11(h) of House-passed H.R. 1249
, p. 105. Some features of the prioritized examination:
- PTO Director may limit the number granted.
- No more than 4 independent claims and 30 total.
- Unless changed, no more than 10,000 prioritized examinations may be granted per year.
- Small entities will pay $2,400.
- No fee diversion of these funds to non-PTO government projects.
- Provision effective 10 days after enactment.
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