The Leahy-Smith America Invents act (AIA) has an “Electronic Filing Incentive” using EFS-Web. Original non-provisional utility patent application not filed electronically (e.g. filed by mail or hand-delivery) are subject to a $400 non-electronic filing fee ($200 for small entity status). This fee is in addition to the standard filing, search and examination fees. Note that this additional fee applies only to utility applications, not reissue, design, plant or provisional applications.

Our office is fully capable of electronic filing to get our clients the benefit of this discount. We have used e-filing almost exclusively for five years for our patent clients and are experienced in the electronic procedures.

It is recommended that applicants not filing through a Registered Patent Attorney apply for a digital certificate in order to file electronically via EFS-Web for Registered eFilers. Registered eFilers have the added benefit of electronically filing follow-on documents to an existing application, thereby avoiding non-electronic filing fees.

For more information on becoming a Registered eFiler, visit www.uspto.gov/patents/process/file/efs/guidance/register.jsp.