The Leahy-Smith America Invents Patent Reform Act that went into effect in late September could help some medical device companies. According to an article in MedCity News, the legislation recently passed by Congress represents the biggest changes to patent law in the United States since 1952.
The Leahy-Smith Acts has established the filing fee for the new prioritized examination at $4,800 for large entities and $2,400 for small entities. For small companies that are seeking prioritized examination, this will shorten the regulatory process, which ultimately could be a benefit.
Not everyone agrees on the impact of the act. Senator Maria Cantwell (D-WA) that “this is a big corporate patent giveaway that tramples on the rights of small inventors.”
If you are part of a medical device startup, share your thoughts.