Patent Fees for Small and Micro Entities ReducedDecember 30, 2022

Small and micro businesses can now take advantage of lower patent fees thanks to the Consolidated Appropriations Act, 2023 and the Unleashing American Innovators Act of 2022. These new laws were recently signed into law by President Biden and aim to support small and micro entities by increasing small entity discounts from 50% to 60% and micro entity discounts from 75% to 80%.

This is great news for small and micro businesses, as it means that they can now access the innovation ecosystem at a lower cost, making it easier for them to enter the market and potentially grow their businesses. It’s also a win for the economy, as the USPTO hopes that these lower fees will lead to inclusive innovation and contribute to the goal of growing the economy by $1 trillion by quadrupling the number of US inventors.

In addition to the fee reductions, the new laws also require the establishment of a Southeast Regional Office and community outreach offices, as well as a study and expansion of the USPTO’s pro bono work. This is all part of the USPTO’s efforts to support small inventors, start-ups, and those who are traditionally underrepresented in the innovation ecosystem.

To find out more about obtaining pro bono counsel, you can visit the pro bono page on the USPTO website. Keep an eye out for the rule notice that will be published soon, which will update the fee amounts appearing in Title 37 of the Code of Federal Regulations.

Overall, these new laws and fee reductions are a positive step towards supporting small and micro businesses and promoting inclusive innovation. By lowering the barriers for those looking to enter the innovation ecosystem, we can expect to see meaningful progress in 2023 and beyond.

Cassie J. Edgar, Patent Attorney and Chair of the Regulatory Law practice group, advises clients in intellectual property, regulatory law, crisis management, compliance, stewardship, lobbying, and matters with USDA, FDA, EPA, and FTC. Cassie is also Co-Chair of the Data Privacy and Cybersecurity practice group. For additional information, please visit MVS or contact Cassie directly via email at cassie.edgar@ipmvs.com.

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