AIPLA Comments to USPTO on Setting and Adjusting Patent Fees

Written June 5, 2024

Arlington, VA. June 3, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments to the USPTO in response to the Notice of Proposed Rulemaking for Setting and Adjusting Patent Fees During Fiscal Year 2025.

AIPLA has previously expressed that fees should cover 100% of the USPTO's costs and maintain a back-end loaded fee structure to encourage entry into the patent eco structure. The comments express concern that the USPTO is using AIA §10 Fee authority improperly to alter applicant behavior and implement policy changes rather than focusing on aggregate fee recovery. AIPLA recommends reconsidering this approach and stresses that such policy proposals should not be implemented through fee adjustments. The comments express opposition to fees for large information disclosure statements, filing RCEs, and terminal disclaimers, and do not support fee increases for design applications.

AIPLA supports improving after-final practice, including innovations like the AFCP 2.0 program and would consider a reasonable fee if the program includes an interview. AIPLA opposes fee increases for design applications, advocating instead for addressing cost shortfalls through measures like tackling improper applicant filings and adding design patent maintenance fees, in line with PPAC comments. AIPLA praises cost-cutting efforts to avoid new fees but expresses concern over flat IT spending amidst cybersecurity threats and potential AI advancements in processing applications.


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