Small Paint Businesses my even be worse because you probably work in the field, in the office, estimate, pick up supplies, answer emails, manage social media, set appointments and so much more. Many of us try to carry all the tools we need plus a small mobile office. In most cases that means a day planner of some sort, a printer, a notepad or book, presentation materials, camera, video camera and if you utilize estimating programs, a computer.
The SUCCESS Act extends the USPTO fee setting authority until September 16, 2021. Section 10 of the AIA prescribes that fees may be set or adjusted only to recover the aggregate estimated cost to the Office for processing, activities, services, and materials related to patents, including administrative costs of the Office with respect to such patent fees. Section 10 authority includes flexibility to set individual fees in a way that furthers key policy factors, while taking into account the cost of the respective services. Section 10(e) of the AIA sets forth the general requirements for rulemakings that set or adjust fees under this authority. The Office sets or adjusts 296 patent fees in total, including four fees that will be discontinued and five new fees, under section 10 of the AIA in the Final Rule, “Setting and Adjusting Patent Fees during Fiscal Year 2021,” 85 FR 46932 (August 3, 2021). The Final Rule sets or adjusts patent fees for large, small, and micro entities (any reference herein to “large entity” includes all entities other than those that have established entitlement to either a small or micro entity fee discount). For certain fee categories, small and micro entity fee rates are tiered, with small entities at a 50 percent discount and micro entities at a 75 percent discount. Small entity fee eligibility is based on the size or certain non-profit status of the applicant’s business and that of any other party holding rights in the invention. Micro entity fee eligibility is described in section 10(g) of the Act. Additionally, the Final Rule also provides for patent practitioners to periodically submit registration statements electronically, in order to maintain the accuracy of the practitioner directory by the Office of Enrollment and Discipline (OED).