Setting and Adjusting Patent Fees During Fiscal Year 2020

Abstract

The United States Patent and Trademark Office (USPTO or Office) published a final rule in the Federal Register on August 3, 2020, that includes a fee for patent applications that are not filed in the DOCX format, except for design, plant, or provisional applications. The effective date of this new fee was most recently delayed in a final rule published in the Federal Register on December 29, 2022 and was scheduled to become effective on April 3, 2023. Through this final rule, the USPTO is delaying the effective date of this fee until June 30, 2023.

Action & Dates

Action: Final rule; delay of effective date and final rule.
Dates: This final rule is effective June 30, 2023. As of March 27, 2023, the effective date of amendatory instruction 2.i. (affecting 37 CFR 1.16(u)), published at 85 FR 46932 on August 3, 2020, and delayed at 86 FR 66192, November 22, 2021, and at 87 FR 80073, December 29, 2022, and as further amended at 88 FR 17147, March 22, 2023, is further delayed until June 30, 2023. The change to 37 CFR 1.16(u) in amendatory instruction 2.i., published at 85 FR 46932 on August 3, 2020, is applicable only to nonprovisional utility applications filed under 35 U.S.C. 111 for an original patent on or after June 30, 2023.
Effective Date: 2023-06-30

CFR References

37 CFR Part 1

Topics

Administrative practice and procedureBiologicsCourtsFreedom of informationInventions and patentsReporting and recordkeeping requirementsSmall businesses

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Commerce Patent and Trademark Office 37 CFR Part 1 [Docket No.: PTO-P-2018-0031] RIN 0651-AD31 AGENCY: United States Patent and Trademark Office, Department of Commerce. ACTION: Final rule; delay of effective date and final rule. SUMMARY: The United States Patent and Trademark Office (USPTO or Office) published a final rule in the Federal Register on August 3, 2020, that includes a fee for patent applications that are not filed in the DOCX format, except for design, plant, or provisional applications. The effective date of this new fee was most recently delayed in a ( printed page 18053) final rule published in the Federal Register on December 29, 2022 and was scheduled to become effective on April 3, 2023. Through this final rule, the USPTO is delaying the effective date of this fee until June 30, 2023. DATES: This final rule is effective June 30, 2023. As of March 27, 2023, the effective date of amendatory instruction 2.i. (affecting 37 CFR 1.16(u) ), published at 85 FR 46932 on August 3, 2020, and delayed at 86 FR 66192 , November 22, 2021, and at 87 FR 80073 , December 29, 2022, and as further amended at 88 FR 17147 , March 22, 2023, is further delayed until June 30, 2023. The change to 37 CFR 1.16(u) in amendatory instruction 2.i., published at 85 FR 46932 on August 3, 2020, is applicable only to nonprovisional utility applications filed under 35 U.S.C. 111 for an original patent on or after June 30, 2023. FOR FURTHER INFORMATION CONTACT: Mark O. Polutta, S…

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Citation: 88 FR 18052