Graph from PatentlyO |
As the graph illustrates, the fees climb at every interval. The interesting part here is that in the past, the fees grew somewhat proportionately at every interval. With the new fees in place, however, there is real curve ball at the 11.5 year mark, at over a 50% increase from the previous interval.
I actually think the fee hike is somewhat of a disincentive both to file and to keep a patent. Given that as the patent ages, the fees to maintain it rise, a patent owner would be convinced not to keep a patent that is both expensive to maintain and possibly outdated. Perhaps this is a way to reduce the less worthy content in the patent systems.
Yeah, I agree. The main purpose of the new lead seems to aim at deterring frivolous patents. Though with lawsuits in the scale of millions, this rise is prices is still chump change for the big players.
ReplyDeleteOn the flip side, any company would way any price in order to keep a valuable patent renewed or in play after the fee hike and others might not renew the patent.
ReplyDeleteThis should incentivise companies to actually build the product quickly and sell it, instead of holding on to a patent and hoping someone else will build the product but not knowing when it will happen.
ReplyDeleteWow - patent system seems to be a profitable business. It is an interesting fact given the industry opinion that patent attorney is the most overpaid profession.
ReplyDeleteFrom a business standpoint, monthly fees are typically best for products that express appreciating utility w.r.t time. Patents, on the other hand, depreciate w.r.t time (obviously you pay less for a patent that is about to expire).
ReplyDeleteCurious why they chose this fee structure; i think they would be better off with a larger, up-front fee, which would also give the USTPO the time value of the additional money.