Engine submits comments to USPTO on proposed fee increases

Engine submitted comments to the U.S. Patent and Trademark Office in response to the agency’s proposed rule regarding Setting and Adjusting Patent Fees During Fiscal Year 2020. The USPTO’s proposal would “set or adjust patent fees as authorized by the Leahy-Smith America Invents Act (Act or AIA), as amended by the Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018 (SUCCESS Act).” 

Engine is particularly concerned about USPTO’s proposal to increase AIA trial fees by 25 percent. We believe that USPTO “should collect and analyze data on its expenses,” and also collect and analyze data about how changes would affect small businesses and startups before it adopts any final rule. 

“In setting and adjusting patent fees, the USPTO should ensure that startups are able to afford the Agency’s products and services,” we say in our comments. “Of course, we would prefer not to see fee increases at the USPTO. To the extent such increases are necessary, though, the USPTO should take into account how startups need access to the full scope of its services.”

You can read our full comments here.