Patent Office Publishes Federal Register Notice to Fix Their Typos
Published Date: 1/14/2025
Rule
Summary
The USPTO fixed some small mistakes in the patent fee rules they set last November, but don’t worry—no big changes to fees or deadlines happened. These corrections, effective January 19, 2025, mostly fix typos and wrong fee numbers so everything’s clear and fair for inventors and businesses. If you’re applying for patents or handling related fees, keep these updates in mind to avoid any mix-ups!
Analyzed Economic Effects
3 provisions identified: 0 benefits, 3 costs, 0 mixed.
Micro-Entity Fee Corrected to $452
If you qualify as a micro entity and file a petition to excuse a failure to act in an international design application (delay ≤ 2 years), the correct fee is $452 (not $54). This correction is effective January 19, 2025 and replaces the incorrect $54 entry in Table 20 for Sec. 1.17(m)(2).
PTAB Pro Hac Vice Appearance Fee: $269
If counsel who are not registered practitioners appear pro hac vice before the Patent Trial and Appeal Board, the fee is $269.00 under Sec. 42.15(e). This corrected description is effective January 19, 2025.
Clarified Fee Calculation for Adding Benefit Claims
The final rule corrects Example 10 showing fee calculations when adding timely benefit claims under 35 U.S.C. 120. It states Sec. 1.17(w)(1) is $2,700, Sec. 1.17(w)(2) is $4,000, and because $2,700 was already paid, the amount due on the second ADS is $1,300. This clarification is effective January 19, 2025.
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