This article is the first in a series on the America Invents Act
Like the brave voyagers of Star Trek’s Starship Enterprise, we are about to boldly go where no one has gone before. While based loosely on patent systems around the globe, the America Invents Act (AIA) and rules to be promulgated to affect its implementation, raise myriad new issues of statutory and regulatory interpretation for which existing patent systems offer little guidance. We’ve embarked on a continuing mission to predict and react to the federal courts’ and the U.S. Patent & Trademark Office’s (USPTO) resolution of these issues, and to devise effective prosecution and litigation strategies accordingly.
3. E-File or pay a snail’s tax
To encourage use of the USPTO’s electronic filing system, as of Nov. 15, 2011, those who still choose to file patent applications by express mail or other non-electronic means must pay a surcharge of $400 ($200 for small entities).