Today, President Obama signed the Leahy-Smith America Invents Act (“AIA”) into law. The AIA calls for some important provisions to go into effect ten (10) calendar days after the law is enacted, which is September 26, 2011. This includes imposition of a 15% surcharge on most USPTO fees. A link to the new USPTO fee schedule is below. Accordingly, we recommend that all USPTO patent prosecution fees that are currently payable, as well as those which are likely to be paid, should be paid before September 26, 2011 so as to avoid imposition of the 15% surcharge.
Other new provisions included in the AIA call for additional changes to U.S. patent practice, e.g., the U.S. will now be based on a “first-to-file” system rather than a “first-to-invent” system. This provision and others will not go into effect until 12 or 18 months after enactment. A brief overview presentation of the AIA is available in English and Korean on our website through the links below. We are presently making an in-depth study of the AIA, and we will be advising you shortly of the timetable and ramifications of its provisions. We will also be providing to you our recommendations to aid you to more easily transition to the new U.S. practice in all of the cases that our firm handles for you. Please do not hesitate to contact us directly by e-mail, facsimile or telephone with any questions you have regarding a specific situation in one of your matters.
New USPTO Fees Effective September 26, 2011
