TAKEAWAY: USPTO has determined to increase numerous fees to cover the costs of the patent system effective January 19, 2025.
The United States Patent and Trademark Office (USPTO) reviews its fees, costs, and revenue regularly to determine what changes, if any, are necessary to recover the aggregate costs of the U.S. Patent System. Its latest review has determined an increase of fees is necessary to provide sufficient resources for the USPTO to operate. The determination focused on four key policy factors (1) promoting innovation strategies, (2) aligning fees with the full cost of products and services, (3) facilitating effective administration of the U.S. Patent System, and (4) offering application processing options.
The decision to updated patent fees may provide additional resources to reflect budgetary impacts of new discounts enacted by the Unleashing Innovators Act for small businesses, independent inventors, and others who may qualify as “small entities” or “micro entities.” Additionally, increasing certain fees may allow for maintaining an efficient operation and support of the 14,000+ employees of the USPTO working across the country.
The final fee changes were shaped by public feedback received after the USPTO published a notice on April 20, 2023. The Patent Public Advisory Committee (PPAC) held a public hearing to allow for submission of feedback. Following the hearing, a decision was made to make changes to some fees and not others as briefly outlined herein.
No changes were determine for the following items moving forward:
- Inclusion of fee for submission of the After Final Consideration Program 2.0 requests, ending December 14, 2024 (more information found here)
- Increase to fees associated with the Patent Term Adjustment (PTA)
- Terminal Disclaimer tiered fees
Changes for the following items are set to be applied starting in January 2025:
- Continuing applications filed more than six or nine years after the earliest benefit date will incur respective surcharge fees
- Increased fees for filing, search, examination, and issuance of design and utility patent applications
- Excess claims fees, both for the number of independent and total claims
- Information Disclosure Statements (IDS) surcharges based on the cumulative number of applicant citations
- Request for Continued Examination (RCE) fees
Further information regarding the final decisions for the increased fees are available for review at the Federal Registrar’s website.