Small Entity Government Use License Exception (Effective date: January 20, 2021)

The United States Patent and Trademark Office (USPTO) is amending the rules of practice in patent cases to clarify and expand exceptions to the rule pertaining to government use licenses and their effect on small entity status for purposes of paying reduced patent fees. The rule change is designed to support independent inventors, small business concerns, and nonprofit organizations in filing patent applications and to encourage collaboration with the Federal Government by expanding the opportunities to qualify for the small entity patent fees discount for inventions made during the course of federally funded or federally supported research. We would be happy to answer any questions that you may have on this clarification from the USPTO.

Trademark and Trademark Trial and Appeal Board Fees

The United States Patent and Trademark Office (USPTO) is adjusting the Trademark and Trademark Trial and Appeal Board (TTAB) fees through its Final Rule. The Final Trademark Fee Rule shall take effect on January 2, 2021. A summary of the trademark fee adjustments is listed below.

1. Application and application-related fees:

• TEAS Standard Filing: $350 per class (Up from $275 per class)
• TEAS Plus Filing: $250 per class (Up from $225 per class)
• Processing fee for failing to meet TEAS Plus requirements: $100 per class (Down from $125 per class)

2. Post registration fees:

• Section 8 or 71 Declaration filed through TEAS: $225 per class (Up from $125 per class)
• New fee - $250 per class if filed through TEAS for deleting goods, services, and/or classes from a Registration, after submitting a Section 8 or 71 Declaration, but before the Declaration is accepted (*NOTE: There will be no fee if you electronically file a Section 7 request to amend your registration before submitting a Section 8 or 71 Declaration and only delete goods, services, and/or classes in the request (otherwise, the current fee for filing a Section 7 request through TEAS is $100))

3. Petition to the Director and letter of protest fees:

• Petition to the Director filed through TEAS: $250 (Up from $100)
• Petition to Revive an Abandoned Application filed through TEAS: $150 (Up from $100)
• New fee - $50 per application for letter of protest

4. TTAB fees:

• Petition to Cancel filed through ESTTA: $600 per class (Up from $400 per class)
• Notice of Opposition filed through ESTTA: $600 per class (Up from $400 per class)
• Initial 90-day Extension Requests for Filing a Notice of Opposition, or Second 60-day Extension Requests for Filing a Notice of Opposition, filed through ESTTA: $200 per application (Up from $100 per application) (*NOTE: There is still no fee for a first 30-day extension request for filing a notice of opposition, filed through ESTTA)
• Final 60-Day Extension Request for Filing a Notice of Opposition, filed through ESTTA: $400 per application (Up from $200 per application)
• Ex Parte Appeal filed through ESTTA: $225 per class (Up from $200 per class)
• New fee - $100 per application, if filed through ESTTA for second, and subsequent, Requests for an Extension of Time to File an Appeal Brief in an Ex Parte Appeal (*NOTE: There is still no fee for a first request)
• New fee - $200 per class, if filed through ESTTA for Appeal Briefs in an Ex Parte Appeal
• New fee - $500 per proceeding for Requests for Oral Hearings

(Please note that the fees listed above are for filings submitted electronically. The adjusted fees for paper filings can be provided upon request.)

Opinions and conclusions in this post are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. The author has provided the links referenced above for information purposes only and by doing so, does not adopt or incorporate the contents. Any federal tax advice provided in this communication is not intended or written by the author to be used, and cannot be used by the recipient, for the purpose of avoiding penalties which may be imposed on the recipient by the IRS. Please contact the author if you would like to receive written advice in a format which complies with IRS rules and may be relied upon to avoid penalties.

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