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Legal Alert: New USPTO Patent Fees Go Into Effect January 19, 2025

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On November 20, the United States Patent and Trademark Office (USPTO) issued a final rule adjusting patent fees beginning in 2025. According to the Office, the new fee schedule will increase fee collections by approximately $440 million annually, which is necessary to grow its patent operating reserve to an optimal level (three months of operating expenses). The new fee schedule encompasses targeted fee adjustments, an across-the-board fee increase, and a front-end fee increase.

If you would like to discuss how these changes might affect your filing, prosecution, and post-grant strategies, please contact your Fish attorney.

Key points

  • USPTO setting or adjusting 433 patent fees (including 52 new fees) for undiscounted, small, and micro entities, as well as Patent Trial and Appeal Board (PTAB) fees
  • Fees not covered by targeted adjustments subject to an across-the-board increase of approximately 7.5%
  • Front-end fees (i.e., filing, search, and examination fees) subject to an additional 2.5% increase on top of the 7.5% across-the-board increase (10% in total)
  • Effective date of January 19, 2025

Across-the-board increases

The USPTO is increasing all fees not covered by targeted adjustments by approximately 7.5%. The USPTO explains that this increase is due to inflationary pressures. As an example, first-stage utility patent maintenance fees would increase from $2,000 to $2,150, second-stage from $3,760 to $4,040, and third-stage from $7,700 to $8,280. In all, the cumulative fees would increase from $13,460 to $14,470 in this example.

Front-end fee increases

The USPTO is also increasing filing, search, and examination fees by an additional 2.5% on top of the 7.5% across- the- board increase, for a total of a 10% increase on front-end fees. As an example, the cumulative fees for utility filing, search, and examination would increase from $1,820 to $2,000

Front-end fees (undiscounted)

Fee

Current

Cumulative fees, current

New

Cumulative fees, new

Cumulative fees

% change

Filing

$320

$320

$350

$350

 

9%

Search

$700

$1,020

$770

$1,120

 

10%

Examination

$800

$1,820

$880

$2,000

 

10%

Targeted fee adjustments (undiscounted)

Continuing applications

New fees specified at 37 C.F.R. § 1.17(w) are introduced for filing a continuing application in which the benefit claim is presented more than six years or more than nine years from the earliest filing date for which benefit is claimed (see below). These new fees aim to partially offset foregone maintenance fee revenue from later-filed continuing applications.

Fee Current New $ Change % Change
Filing application or presentation of benefit claim more than six years after earliest benefit date n/a $2,700 New fee New fee
Filing application or presentation of benefit claim more than nine years after earliest benefit date n/a $4,000 New fee New fee

Design patents

Fee

Current

New

$ Change

% Change

Basic filing fee – design

$220

$300

$80

36%

Basic filing fee – design CPA

$220

$300

$80

36%

Design search fee or design CPA search fee

$160

$300

$140

88%

Design examination fee or design CPA examination fee

$640

$700

$60

9%

Design issue fee

$740

$1,300

$560

76%

International design application first part U.S. designation fee

$1,020

$1,300

$280

27%

(Part II designation fee) Issue fee paid through the International Bureau in an international design application

$740

$1,300

$560

76%

Excess claims

Fee

Current

New

$ Change

% Change

Each claim in excess of 20

$100

$200

$100

100%

Each independent claim in excess of three

$480

$600

$120

25%

Extension of time for provisional applications

Currently, the extension of time fees specified at 37 C.F.R. § 1.17(a) apply equally to both provisional and nonprovisional applications. The USPTO is implementing a new fee structure for provisional applications, which would be added under a new paragraph (u) of § 1.17. For patent applications other than provisional applications, the fee structure retained under § 1.17(a) will be increased by 7.5% in accordance with the across-the-board increase (see below).

Fee

Current

New

$ Change

% Change

Extension for response within first month

$220

$50

-$170

-77%

Extension for response within second month

$640

$100

-$540

-84%

Extension for response within third month

$1,480

$200

-$1,280

-86%

Extension for response within fourth month

$2,320

$400

-$1,920

-83%

Extension for response within fifth month

$3,160

$800

-$2,360

-75%

Extension of time for applications other than provisional applications (included in across-the-board increase)

Fee

Current

New

$ Change

% Change

Extension for response within first month

$220

$237

$17

7.5%

Extension for response within second month

$640

$688

$48

7.5%

Extension for response within third month

$1,480

$1,591

$111

7.5%

Extension for response within fourth month

$2,320

$2,494

$174

7.5%

Extension for response within fifth month

$3,160

$3,397

$237

7.5%

Information disclosure statements (IDS)

Fee

Current

New

$ Change

% Change

Filing IDS that causes cumulative number of applicant-provided items of information to exceed 50 but not 100

n/a

$200

New fee

New fee

Filing IDS that causes cumulative number of applicant-provided items of information to exceed 100 but not 200

n/a

$500, less any amount previously paid

New fee

New fee

Filing IDS that causes cumulative number of applicant-provided items of information to exceed 200

n/a

$800, less any amount previously paid

New fee

New fee

Patent term extension (PTE)

Fee

Current

New

$ Change

% Change

Application for PTE

$1,180

$2,500

$1,320

119%

Initial application for interim extension

$440

$1,320

$880

200%

Subsequent application for interim extension

$230

$680

$450

196%

Supplemental redetermination after notice of final determination

n/a

$1,440

New fee

New fee

Request for continued examination (RCE)

Fee

Current

New

$ Change

% Change

First RCE

$1,360

$1,500

$140

10%

Second and subsequent RCEs

$2,000

$2,860

$860

43%

Suspension of action

Fee

Current

New

$ Change

% Change

First request for suspension of action

$220

$300

$80

36%

Subsequent request for suspension of action

$220

$450

$230

105%

Unintentional delay petitions

Fee

Current

New

$ Change

% Change

Unintentional delay less than or equal to two years

$2,100

$2,260

$160

8%

Unintentional delay greater than two years

$2,100

$3,000

$900

43%

Targeted PTAB fee adjustments

America Invents Act trial fees

Fee

Current

New

$ Change

% Change

Inter partes review request fee – up to 20 claims

$19,000

$23,750

$4,750

25%

Inter partes review post-institution fee – up to 20 claims

$22,500

$28,125

$5,625

25%

Inter partes review request of each claim in excess of 20

$375

$470

$95

25%

Inter partes review post-institution request of each claim in excess of 20

$750

$940

$190

25%

Post-grant review request fee – up to 20 claims

$20,000

$25,000

$5,000

25%

Post-grant review post-institution fee – up to 20 claims

$27,500

$34,375

$6,875

25%

Post-grant review request of each claim in excess of 20

$475

$595

$120

25%

Post-grant review post-institution request of each claim in excess of 20

$1,050

$1,315

$265

25%

Director Review of a PTAB decision

Fee

Current

New

$ Change

% Change

Request for Director Review

n/a

$452

New fee

New fee

The opinions expressed are those of the authors on the date noted above and do not necessarily reflect the views of Fish & Richardson P.C., any other of its lawyers, its clients, or any of its or their respective affiliates. This post is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship is formed.