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Changes affecting patent small/micro entity fees

Posted in General Commentary by Jake Ward on January 6, 2023

Notice Regarding Changes Affecting Patent Small/Micro Entity Fees.

Most small and micro entity fees have decreased with the enactment of the Consolidated Appropriations Act, 2023—which included the Unleashing American Innovators Act of 2022—signed into law on 12/29/2022.  The law increased small entity discounts from 50 percent to 60 percent and micro entity discounts from 75 percent to 80 percent.  The USPTO fee schedule has been updated to reflect these changes.  A rule notice will be published soon to update the fee amounts appearing under Title 37 of the Code of Federal Regulations.

For patent issue fees, the fee due is the amount appearing on the Notice of Allowance and Fees Due letter (form PTOL-85).  For other fees, the applicable fee amount is the fee amount in effect on the day the fee is paid (in full).  The day a fee is paid is the date of receipt of the fee payment in the USPTO under 37 CFR § 1.6, or the date reflected on a proper certificate of mailing or transmission on the fee payment, where such a certificate is authorized under 37 CFR § 1.8.  

For small and micro entity fees (other than the issue fee) that were paid on 12/29/2022 prior to the enactment of the law, refunds will be issued for the difference between the old higher fee rates and the new lower fee rates.  The refunds will be processed before the end of January 2023; there is no need to submit a refund request for these payments  

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