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« USPTO Implements Prioritized Examination Track under AIA | Main | USPTO Implements AIA Changes to Inter Partes Reexamination »

September 27, 2011

Comments

Don,

Yeah, there was quite a bit of "trumpeting" about the new micro entity provision being effective when Obama signed the AIA on September 16, 2011. But when I read Sections 10 and 11 which relate to the micro entity provision and the new fee setting authority, it didn't look like the discount applied until the fee setting authority was excerised. The USPTO FAQ on their AIA web page confirmed my interpretation. (BTW, the AIA web page is a very useful source of info.)

Let's face it, the AIA is a mess, and implementation won't be easy. Be prepared for "hiccups" during the rulemaking that will follow to implement this monstrosity. And my nightmares about the impact of the AIA continue unabated.

Don,

There's been a very good suggestion that all us patent practitioners should read the AIA multiple times. Like 10 times. Not a bad idea.

Looking over the fee-setting provisions, it will take a miracle for the PTO to be able to propose and set fees within a given fiscal year--it has to go through the PAC, notice and comment, and then Congressional review!

There's been a very good suggestion that all us patent practitioners should read the AIA multiple times. Like 10 times. Not a bad idea.

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