FR 2025-00273

The document from the United States Patent and Trademark Office (USPTO), as published in the Federal Register, details corrections to a previously issued rule concerning patent fees. Initially set by a rule in November 2024 under the authority of the America Invents Act and its amendments, these corrections primarily address typographical and minor errors without altering the rule's substance. The corrections will come into effect on January 19, 2025, and were made without public consultation as they are merely administrative.

General Summary

The USPTO has identified and corrected typographical and other minor errors in the documentation pertaining to a rule that sets or adjusts patent fees. The original rule, issued in November 2024, was part of the routine adjustments authorized under the Leahy-Smith America Invents Act and the SUCCESS Act. Despite these corrections, no substantive changes have been made to the rule itself, with the amendments focusing on ensuring clarity and accuracy.

Significant Issues or Concerns

1. Complex Language: The document is laden with legal and procedural jargon which may render it less accessible to individuals without a legal background, potentially leading to misunderstandings.

2. Fee Discrepancy: One notable correction changes the fee for micro entities from $54 to $452. This significant discrepancy raises questions about the initial error's impact and the oversight involved.

3. Understanding Procedures: The administrative nature of these corrections might not be easily digestible for stakeholders unfamiliar with USPTO's processes, potentially causing confusion.

4. Lack of Initial Error Explanation: The document does not address why these initial errors occurred, which could lead to concerns about the accuracy and attentiveness during the initial rule's drafting and publication.

Impact on the Public

For the general public, particularly those involved in patent filing, such corrections aim to provide clarity and avoid potential confusion prior to the rule's effective date. However, for those unfamiliar with legal documents or the nature of such administrative corrections, the updates might seem opaque or complicated, limiting their immediate understanding or engagement.

Impact on Specific Stakeholders

Patent Applicants: The most direct impact is on patent applicants, especially those categorized as micro entities, due to the corrected fee. This change could affect their financial planning and decision-making concerning patent applications.

Legal Practitioners: Attorneys and legal advisers who assist individuals or businesses with patent filings must note these corrections to provide accurate guidance and ensure compliance with the updated rules.

USPTO: The USPTO's handling of the typographical errors and their quick resolution can reflect the agency's commitment to accuracy and administrative efficiency, potentially restoring trust among stakeholders.

In summary, while the corrections addressed in the document are minor and procedural, they underscore the importance of precision in legal documents and the need for stakeholders to stay informed about such updates to manage their affairs effectively.

The document from the United States Patent and Trademark Office (USPTO) corrects specific fees and typographical errors in the previous rule on patent fees, which appeared in the Federal Register on November 20, 2024. Here is a closer look at how money is referenced and utilized in this document.

Summary of Financial References

Several financial corrections have been made concerning the USPTO's fee structure:

1. Micro Entity Fee Correction: The most notable change is in the fee applicable to micro entities for certain petitions. Originally set at $54, this fee has been corrected to $452. This adjustment is significant given that the previous amount might have considerably underrepresented the intended cost for applicants.

2. Example Correction in Filing Fees: In one guided example, a fee of $2,700 is due upon the filing of application J. If further benefit claims are added, an additional amount may be payable. For instance, the fee might increase to $4,000, requiring an extra payment of $1,300 after subtracting the initial payment.

3. Fee for Counsel Pro Hac Vice: Another fee mentioned in the rule involves a cost of $269.00 for counsel who are not registered practitioners to appear before the Patent Trial and Appeal Board on a pro hac vice basis.

Relation to Identified Issues

The changes to financial references within this document address both procedural errors and possible confusion for applicants. The correction of the micro entity fee from $54 to $452 could impact financial planning for applicants. Such a large adjustment highlights an original error that would have misled applicants regarding the required budget for filing petitions.

The complexities inherent in adjusting example scenarios and practical fees for patent filings illustrate potential misunderstandings for stakeholders unfamiliar with USPTO processes. Clarifying these financial details serves as an important step in ensuring transparency and accuracy.

In summary, this document underscores the importance of precise fee-setting, as financial inaccuracies could lead to confusion or miscalculations by applicants and other stakeholders. The corrections made aim to rectify these and provide clear financial expectations moving forward.