USPTO Adopts New Annual Practitioner Maintenance Fee Rules

Fees will recover costs for maintaining attorney-agent automated system; fund the disciplinary system.

Consistent with its commitment to e-government initiatives and promoting high standards of practice before the Office, the United States Patent and Trademark Office (USPTO) has adopted new annual practitioner maintenance fee rules for individuals recognized to practice in patent cases. The annual fee recovers costs to the USPTO of maintaining the roster of attorneys and agents authorized to practice in patent cases, including the USPTO disciplinary system. Beginning in the spring 2009, active patent practitioners will be required to pay a $118 annual practitioner maintenance fee. Adequate notice will be published and sent to practitioners in advance of the due date for payment of the fee.

With an annual practitioner maintenance fee, the Office will fund the disciplinary system as state jurisdictions do, by fees from recognized members. Disciplinary activities are generally regarded as being in the interest of maintaining the legal profession’s reputation for integrity and supporting the willingness of potential clients to engage the services of practitioners. The annual practitioner maintenance fee also will enable the USPTO to maintain and publish a roster of registered practitioners that is updated daily. Continual updating of the roster enables the USPTO to better protect the public from unqualified practitioners. The public is able to access up-to-date information to identify and contact registered practitioners who are authorized by the USPTO to represent them in preparing and prosecuting patent applications.

An online customer interface program will enable practitioners to update their contact information (address, telephone number and email address) and submit annual practitioner maintenance fee payments directly on-line. Payments may be for individual practitioners or, alternatively, law firm or corporate administrators may submit payments on behalf of multiple practitioners. Those choosing not to maintain active status may elect to become voluntarily inactive, pay a reduced annual fee of $25 and not represent others or otherwise practice before the Office in patent cases.

For more information, see Federal Register notice at http://www.uspto.gov/web/offices/com/sol/notices/73fr67750.pdf