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2011: Public Law 112-29 (America Invents Act) – Establishes USPTO's authority to set most patent and trademark fees such that aggregate revenue from the fee schedule recovers aggregate costs. Establishes additional small entity fees and new micro entity fees. Design patents and plant patents are not subject to maintenance fees at all. [27]
Furthermore, because no examination of the patentability of the application in view of the prior art is performed, the USPTO fee for filing a provisional patent application is significantly lower ($60 - $240 as of August 2023 [3]) than the fee required to file a standard non-provisional patent application.
Under United States patent law, the term of patent, provided that maintenance fees are paid on time, is 20 years from the filing date of the earliest U.S. or international application (that is to say, an application under the PCT system) to which priority is claimed (excluding provisional applications). [1] [2] [3]
The small entity status allows small businesses, independent inventors, nonprofit organizations to file a patent application and maintain an issued patent for a reduced fee—a 60% reduction. [1] Under 13 C.F.R. § 121.802(a), an entity qualifies as a "small business concern", and so qualifies for small entity status, if its number of employees ...
A micro-entity is entitled to a 75% reduction in many of the patent fees payable to the US Patent Office during prosecution of a US patent application. The patent office is expected to develop regulations to identify which fees will be eligible for the reduction and how joint inventors may qualify as a micro-entity. [14]
Other amendments to Title 35 concern the renaming from "Patent Office" to "Patent and Trademark Office"; revised fee schedules for application and issue of patents; and modifications in procedures related to the protection of patents. § 121 of the Patent Act of 1952 was the first time, when the US Congress addressed the problem of double ...
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