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USPTO Fee Study Report to Congress
By Ferraiuoli LLC
The United States Patent and Trademark Office (USPTO) released a report to Congress, as mandated by the Unleashing American Innovators Act of 2022, to assess its fee structure. The study focused on several key areas, including the impact on small and micro entities, whether changes to the fee structure are necessary, and potential administrative and legislative actions.
A significant finding from the study is that the current USPTO fee structure does not discourage small and micro entities from filing patent applications. These entities are more influenced by external factors rather than the agency's fees. The report also highlighted that complementary initiatives, such as outreach and legal assistance programs, could enhance participation rates among small and micro entities.
The study also concluded that the USPTO's fee structure, which defers about half of the agency’s examination costs to maintenance fees, does not significantly affect examination and patenting decisions. It suggested that the current structure, including the temporary fee-setting authority granted to the USPTO, is advantageous compared to other models.
Additionally, the report commended the USPTO for its proactive approach in setting additional fees for continuing applications that do not cover examination costs due to expiration before maintenance fees are due.
Ferraiuoli LLC
Ferraiuoli LLC (FLLC) was founded in 2003 by the late Blas Ferraiuoli-Martínez, Eugenio Torres-Oyola and María Marchand-Sánchez. This group was then joined in 2004 by Fernando J. Rovira-Rullán, thus forming the founding core of FLLC. FLLC has grown exponentially since its founding from a law firm with three attorneys and a support staff of three to its current size of 54 attorneys with a support staff of 38. Also, FLLC has grown from initially being known as an intellectual property and corporate law boutique law firm to a multiservice law firm that handles most matters relevant to a business while continuing to earn praise for its leading intellectual property and corporate practices.
FLLC has been ranked as a leading law firm in Puerto Rico by the professional publication Chambers Latin America in intellectual property, corporate, bankruptcy, labor & employment, real estate, and tax law. Moreover, 17 FLLC partners have been ranked as leaders in their field by the same publication. 4 FLLC partners are ranked as leaders in Intellectual Property, no other firm has more than 2. This recognition in such a short period of time is a tribute to FLLC’s business model.
FLLC prides itself in doing its work faster and more cost-efficiently yet with the same quality as that of its main competitors. The founding name partners are available at all times to attend to client matters. Their work ethic sets the tone for the rest of the firm. FLLC’s founders’ goal has been steady from the outset: become one of the premier multiservice law firms in Puerto Rico.