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BEFORE 16 March 2013


Impact of 16 March 2013 

AIA implementation 

on Agents and Non-US Applicants 


To you, our agents and friends in other jurisdictions, we wanted to provide more specific suggestions with regard the implementation of the America Invents Act on 16 March 2013, and responding to the USPTO fee increases on 19 March 2013.


Please note that applications which claim priority to applications filed before 16 March 2013 will be treated under the current US Patent act, and be "first to invent" applications.  As we have stated in other communications, in most cases it is advantageous for cases to be examined under the current statute.


We also encourage you to contact us with regard to any upcoming fee payments, such as extensions of time, Issue fees and RCE fees.  Several of these fees are being increased substantially.  Early payment may save the client significant amounts, depending on the filing.


Finally, as a practical matter we would caution you that the anticipated rush of filings before the 16 March implementation of the new act is likely to place stress on the USPTO electronic filing system and other systems.  While backup systems are available, such as paper filings through the post office, such back up systems increase the possibility that errors will occur at the USPTO.  We encourage you to consider planning for disruptions at the USPTO and file early if possible.  


As always, we remain at your service.


Maine Cernota & Rardin

Registered Patent Attorneys

547 Amherst St., 3rd Floor

Nashua NH 03063-4000 USA
tel 603-886-6100, fax 603-886-4796


[email protected]