Fees Overview

Objectives to know about Fees in the MPEP specific to the AIA

• Understand the fees associated with filing and maintaining patent applications under the America Invents Act (AIA).
• Identify the key laws and rules (37 CFR and 35 USC) pertaining to fees in the MPEP specific to the AIA.
• Apply the laws and rules pertaining to fees in the MPEP specific to the AIA to real-world scenarios.

Key Laws and Rules (37 CFR and 35 USC) pertaining to Fees in the MPEP specific to the AIA

• 35 U.S.C. § 41(a): Fees
• 37 CFR § 1.16: National application filing fees
• 37 CFR § 1.17: Patent application processing fees
• 37 CFR § 1.19: Issue fee
• 37 CFR § 1.20: Maintenance fees

Comprehensive, detailed, e-learning module content for Fees in the MPEP specific to the AIA

Module 1: Introduction to fees in the MPEP specific to the AIA

This module will introduce the concept of fees in the MPEP specific to the AIA. It will discuss the different types of fees that are associated with filing and maintaining patent applications under the AIA, as well as the key laws and rules that pertain to these fees.

Module 2: National application filing fees

National application filing fees are the fees that are paid when a patent application is filed with the USPTO. The amount of the filing fee depends on whether the applicant is a small entity, a large entity, or a micro-entity.

Module 3: Patent application processing fees

Patent application processing fees are the fees that are paid during the examination process. These fees include the search fee, the examination fee, and the new matter submission fee.

Module 4: Issue fee

The issue fee is the fee that is paid to have a patent issued. The amount of the issue fee depends on the number of claims in the patent application.

Module 5: Maintenance fees

Maintenance fees are the fees that are paid to keep a patent in force. Maintenance fees are due at 3.5 years, 7.5 years, and 11.5 years after the grant of the patent. The amount of the maintenance fee depends on the size of the patent owner.

Module 6: Applying the laws and rules pertaining to fees in the MPEP specific to the AIA to real-world scenarios

This module will discuss how to apply the laws and rules pertaining to fees in the MPEP specific to the AIA to real-world scenarios. It will cover common issues that arise in connection with patent fees and how to address those issues.

Module 1: Introduction to fees in the MPEP specific to the AIA

This module will introduce the concept of fees in the MPEP specific to the AIA. It will discuss the different types of fees that are associated with filing and maintaining patent applications under the AIA, as well as the key laws and rules that pertain to these fees.

Different types of fees

The different types of fees that are associated with filing and maintaining patent applications under the AIA include:

• National application filing fees
• Patent application processing fees
• Issue fee
• Maintenance fees

Key laws and rules

The key laws and rules that pertain to fees in the MPEP specific to the AIA are found in 35 U.S.C. § 41(a) and 37 CFR § 1.16-1.20.

Module 2: National application filing fees

National application filing fees are the fees that are paid when a patent application is filed with the USPTO. The amount of the filing fee depends on whether the applicant is a small entity, a large entity, or a micro-entity.

Small entity

A small entity is an independent inventor, a small business, or a nonprofit organization that meets certain requirements. Small entities are eligible for a reduced filing fee.

Large entity

A large entity is any entity that is not a small entity. Large entities are required to pay the full amount of the filing fee.

Micro-entity

A micro-entity is a small entity that meets certain additional requirements. Micro-entities are eligible for a further reduced filing fee.

Module 3: Patent application processing fees

Patent application processing fees are the fees that are paid during the examination process. These fees include the search fee, the examination fee, and the new matter submission fee.

Search fee

The search fee is the fee that is paid for the USPTO to conduct a search of the prior art for relevant references.

Examination fee

The examination fee is the fee that is paid for the USPTO to examine the patent application.

New matter submission fee

The new matter submission fee is the fee that is paid for the USPTO to examine new matter that is submitted after the filing date of the patent application.

Module 4: Issue fee

The issue fee is the fee that is paid to have a patent issued. The amount of the issue fee depends on the number of claims in the patent application.

Module 5: Maintenance fees

Maintenance fees are the fees that are paid to keep a patent in force. Maintenance fees are due at 3.5 years, 7.5 years, and 11.5 years after the grant of the patent. The amount of the maintenance fee depends on the size of the patent owner.

Small entity

Small entities are eligible for a reduced maintenance fee.

Large entity

Large entities are required to pay the full amount of the maintenance fee.

Common issues

Some common issues that arise in connection with patent fees include:

• Determining whether an applicant is eligible for a small entity fee discount
• Filing a petition for reduction in maintenance fees
• Paying patent fees late