Patent it Yourself - 16th Edition Updates (2013)

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The following updates apply to the 16th edition of Patent it Yourself

Error In Sample Patent Application Claims In Chapter 9, p. 265:

On p. 265 there are numbering errors in sample claims 25 to 30. Please delete the numbers "25.", "26.", "27.", "28." and "29." Change "30" and "31" to "25" and "26", respectively. After this correction, claim 24 will have parts (a) to (d) and a "whereby" clause and the last two claims will be numbered "25." and "26."

New Micro-Entity Fees

Under the American Inventors Act, the new "Micro-Entity" fees went into effect on 2013 March 19.  These fees are half of the Small-Entity fees. To pay any fee as a Micro-Entity, you must file a Certification of Small Entity Status (PTO form PTO/SB/15A) which states the following requirements to be entitled to Micro-Entity status:

(1) The applicant must qualify as a small entity, which means you are an individual who has not assigned or licensed the invention (and has no obligation to do so) to any organization with over 500 employees, unless the organization is a non-profit organization.

(2) Neither the applicant nor any inventor has filed more than four previous patent applications, excluding (a) provisional applications and PCT applications for which the national fee has not been paid, and (b) applications which the applicant has assigned all rights as a result of employment.

(3) None of the inventors named in the application had a gross income in the preceding calendar year greater than three times the median US household income, i.e., not greater than $150,162.

(4) Neither the applicant nor any inventor has assigned or licensed the invention (and has no obligation to do so) to any entity that does not meet the requirement of (2) above.

You can read more about the difference between small entities and micro entities.

New  Fees

Alas, what the PTO giveth with one hand it taketh with the other: most of non-Micro-Entity fees were increased substantially on March 19. All of the PTO's new fees can be found on the PTO's site by going to www.USPTO.gov and then clicking the link "Fees" in the middle of the page. Here are some representative Micro-Entity, Old, and Increased fees:

Micro-Entity Fee For Filing a Provisional Patent Appn Online: (New)                                    $65

Small-Entity Fee For Filing a Provisional Patent Appn Online:       Increased from $125 to $130

Micro-Entity Fee For Filing a Design Patent Application Online: (New)                              $190

Small-Entity Fee For Filing a Design Patent Application Online:    Increased from $265 to $380

Micro-Entity Fee For Filing a Utility Patent Application Online:  (New)                               $400

Small-Entity Fee For Filing a Utility Patent Application Online:  Increased from $533 to $730

Micro-Entity Utility Patent Maintenance Fees (3.5, 7.5, 11.5 years):  (New)  $400, $900, $1850

Small-Entity Utility Patent Maint. Fees:    Incr. from $575, $1450, $2405 to $800, $1800, $3700

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