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2011: Public Law 112-29 (America Invents Act) – Establishes USPTO's authority to set most patent and trademark fees such that aggregate revenue from the fee schedule recovers aggregate costs. Establishes additional small entity fees and new micro entity fees. Design patents and plant patents are not subject to maintenance fees at all. [27]
The office is headed by the under secretary of commerce for intellectual property and director of the United States Patent and Trademark Office. As of January 2025 [update] , Coke Morgan Stewart is acting undersecretary and director, [ 4 ] having been appointed to the position by President Trump on January 20.
Furthermore, because no examination of the patentability of the application in view of the prior art is performed, the USPTO fee for filing a provisional patent application is significantly lower ($65 - $325 as of January 19, 2025 [11]) than the fee required to file a standard non-provisional patent application.
As the Director of the United States Patent and Trademark Office, the Under Secretary is responsible for administering laws relevant to granting patents and trademarks, and for the daily management of the agency's budget and more than 8,000 employees. [1]
13 C.F.R. § 121.108(e). Moreover, all claims of a patent issued following an intentional misrepresentation of small entity status may be held to be unenforceable as the result of inequitable conduct, i.e., fraud upon the United States Patent and Trademark Office. See MPEP § 2016; 37 C.F.R. § 1.27(h). As long as any small-entity assertions ...
Marks registered with the U.S. Patent and Trademark Office are given a higher degree of protection in federal courts than unregistered marks—both registered and unregistered trademarks are granted some degree of federal protection under the Lanham Act 43(a). [3]
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