Dear Rich: I waited until after the new patent law passed to file aprovisional patent application I wanted the newmicro-entity fees to go into effect. But when I went to pay, yesterday, I wasn’t given a choice for micro-entity, only small entity. Iended up paying more to file than before the law was passed. Your timeline for the patent law says thatthe micro entity fees go into effect immediately. What’s going on? Welcome topatent ‘reform.’ Our timeline is correct. Section 10 of the Leahy-Smith America Invents Act establishes that the new micro entity fees will go into effect immediately upon enactment (September 16, 2011). Alas, patent filers who sought to takeadvantage of the reduced micro entity fees -- for example, the fee for filing a provisional patent application would beapproximately $62 – were out of luck. The USPTO issued a press releaseexplaining the delay and provided no date for implementation (although some sources claim that the USPTO will not make micro entity feesavailable until 2013).
Why did you pay more? The law also establishes that a 15% fee increase goes into effect 10 days after enactment (September 26, 2011). Apparently, the USPTO had no problem implementing fee increases and a new fee schedule was rolled out on time. As a result, independent inventors like yourself are actually paying $15 more to file aprovisional patent application than before the law was "reformed."
Why did you pay more? The law also establishes that a 15% fee increase goes into effect 10 days after enactment (September 26, 2011). Apparently, the USPTO had no problem implementing fee increases and a new fee schedule was rolled out on time. As a result, independent inventors like yourself are actually paying $15 more to file aprovisional patent application than before the law was "reformed."
P.S. Wondering what qualifies as a micro entity and how it differs from a small entity? Here's an explanation.