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 intellectual property 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)
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.
Design patents
Excess claims
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).
Extension of time for applications other than provisional applications (included in across-the-board increase)
Information disclosure statements (IDS)
Patent term extension (PTE)
Request for continued examination (RCE)
Suspension of action
Unintentional delay petitions
Targeted PTAB fee adjustments
America Invents Act trial fees
Director Review of a PTAB decision
