The USPTO has announced significant changes to its patent fee structure, effective January 19, 2025. These adjustments aim to address rising operational costs, ensure sustainable funding, and align with the agency’s strategic goals to enhance service quality and operational efficiency. Below, we highlight the most substantial fee increases and their implications.
Key Changes to USPTO Patent Fees
Kindly note that all fees are listed in USD.
Across-the-Board Adjustment (7.5%)
Most patent fees will increase by 7.5%. This broad adjustment reflects the need to address inflationary pressures and rising operational costs, ensuring financial sustainability
Front-End Fees (10% Total Increase)
Filing, search, and examination fees will see an additional 2.5% increase on top of the 7.5% adjustment, for a total increase of 10%. This aims to recover more costs earlier in the patent lifecycle while maintaining manageable entry points for applicants
Excess Claim Fees
| Excess Independent Claim Fee: Increased to | $600 per claim. |
| Excess Total Claim Fee: Increased to | $200 per claim. |
Continuing Application Fees
| New fees are introduced for continuing applications based on the time elapsed since their earliest benefit date (EBD): |
| $2,700 for applications filed more than six but less than nine years after the EBD. |
| $2,700 for applications filed more than six but less than nine years after the EBD. |
| $4,000 for applications filed more than nine years after the EBD. |
These fees aim to offset costs associated with applications filed long after their original benefit date.
Design Patent Fees
| Combined filing, search, examination, and issue fees for design applications will increase from | $1,760 to $2,600 for undiscounted entities. |
While fees for small and micro entities will also increase, they remain proportionally discounted.
Information Disclosure Statement (IDS) Size Fees
| For large IDS submissions, new tiered fees are introduced based on the cumulative number of items: |
| $200 for 51–100 items. |
| $500 for 101–200 items. |
| $800 for more than 200 items. |
| These changes aim to discourage excessive or irrelevant submissions, reducing administrative burdens and improving examination efficiency. |
Balancing Costs and Innovation
The USPTO has sought to balance its need to recover costs with its mission to foster innovation. While fee increases are necessary to maintain service quality, discounted rates for small and micro entities remain in place to minimize the impact on resource-constrained applicants.
For applicants, these adjustments underscore the importance of strategic patent filing and cost planning. Consider optimizing your patent portfolio to minimize excess claims, avoid unnecessary delays, and anticipate these changes in your budgeting process
At PCK Intellectual Property, we’re here to help you navigate these changes effectively. Contact us to discuss how these updates may impact your intellectual property strategy and how to align your filings with the new fee structure.
For full details from the Department of Commerce see here.
PCK IP is a leading North American intellectual property firm based in Canada, specializing in the preparation, prosecution, and strategic management of patent and trademark portfolios for global markets. Our team of seasoned patent agents, engineers, scientists, and IP lawyers supports clients across diverse technologies, with expertise in coordinating cross-border IP strategies. Contact us today to explore how we can help secure and manage your intellectual property.
The contents of this article are provided for general information purposes only and do not constitute legal or other professional advice of any kind.