The USPTO's new Rule 1.17(w) surcharges have made it more challenging to file applications without upfront fees, particularly affecting priority claims beyond six years. This change disrupts the long-standing practice of filing continuation applications to adapt patent claims as new products enter the market. By delaying fees, applicants could manage liquidity, but with the new rules, applications filed after the six-year mark may have truncated priority claims. This shift necessitates careful planning for patent applicants as they navigate changing regulations and associated risks.
The USPTO's unexpected approach complicates filing applications without surcharges; notably, priority claims may be disregarded if fees are unpaid at the filing date.
Pending continuation applications allow for flexibility when tailoring claims as infringing products emerge, providing advantages in delaying fee payments to manage liquidity.
The January 2025 fee increase by the USPTO enacted new surcharges for patent applications filed over six years after their earliest benefit date, complicating the filing process.
Filing without payment now truncates priority claims on applications, as the USPTO will ignore claims beyond six years, increasing risk for applicants.
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