USPTO Fee Increase Delayed Until After December 6

According to a November 30, 2004 report in the IPO Daily News, the 3400-page, omnibus appropriations bill that contains an immediate patent fee increase is unlikely to be sent to the President for signing until a few days after Congress returns on December 6. The delay was reportedly required in order to remove a rogue provision that would have allowed Congress to inspect the tax return of any individual.

In a December 1, 2004 report to members, the AIPLA noted that "The new trademark fees, unlike the patent fees, will not be immediately effective upon enactment of the omnibus appropriations bill, but instead will await the implementation of formal agency rulemaking. . . . [T]he Office sought this transitional flexibility [in Section 802(a) of the legislation] because trademark owners lose a filing date when the incorrect fee is filed with the application."

In an Advisory Notice issued on November 24, the USPTO also offered the following advice:

Since the USPTO does not know when the Consolidated Appropriations Act of 2005 will become law, we suggest that you monitor this site on a regular basis. We will post additional information on this site as soon as possible after enactment of the Consolidated Appropriations Act, 2005. For additional information, please contact the USPTO Contact Center at (703) 308-4357 or (800)
786-9199.