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USPTO Patent Fee Adjustments
2025 01 27
USPTO Patent Fee Adjustments: What You Need to Know

The United States Patent and Trademark Office (USPTO) has announced changes to its patent fees, effective January 19, 2025.

 

While fee increases aren’t uncommon, these adjustments bring some significant changes that could impact how individuals and businesses approach their patent strategies. If you’re planning to file a patent or already have one in progress, understanding these updates is essential.

 

Let’s dive into the highlights of the new fee structure, what they mean for you, and how you can prepare.

 

Why Are USPTO Fees Changing?

 

The USPTO periodically revises its fees to address increasing operational expenses and enhance the efficiency of patent processing. With growing demands on its resources, the office needs to ensure it has the funding to keep operations running smoothly while maintaining high standards for innovation protection.

 

The increase in global patent filings and the growing complexity of applications have placed added demands on the USPTO. These fee adjustments aim to ensure that the office can continue providing timely, high-quality services while supporting innovation across industries.

 

The USPTO designed these changes to encourage applicants to streamline their filings, finalize applications more quickly, and reduce unnecessary paperwork.

 

Key Changes in USPTO Patent Fees

 

1. Filing, Search, and Examination Fees Increase by 10%

 

The fees for filing, searching, and examining patent applications will rise by 10%.

 

For example:

  • Filing fee: Increased from $320 to $352.
  • Examination fee: Now $880, up from $800.
  • Issue fee: Adjusted from $1,080 to $1,200.

 
This change impacts every patent applicant, from small inventors to large corporations. While the increase may seem modest, it adds up over time, especially for those filing multiple patents.

 

2. Excess Claim Fees Double for Larger Applications

 

 

Patent claims are an essential part of an application, detailing the specific aspects of your invention that you want to protect. The new fee structure imposes higher costs for applications with excess claims:

 

  • Independent claims beyond three: Increased by 25%, now $600 per additional claim.
  • Total claims over 20: Fees have doubled, costing $200 per extra claim.

 
If your application has more than three independent claims or exceeds 20 total claims, you’ll need to budget accordingly. This change encourages applicants to be more concise and strategic when drafting their claims.

 

3. RCE Fees Surge Significantly

 

A Request for Continued Examination (RCE) allows applicants to revisit and modify their application after an examiner has issued a final rejection. Under the new structure:

 

  • The first RCE will cost $1,500 (a 10% increase).
  • Subsequent RCEs will jump to $2,860 (a 43% increase).

This makes refining and refiling applications multiple times more costly, pushing applicants to address issues early and thoroughly.

 

4. Introduction of New IDS Fees

 

An Information Disclosure Statement (IDS) is a document where applicants disclose prior art or related references relevant to their application. For the first time, the USPTO is imposing fees based on the number of references disclosed:

  • 51–100 References: $200.
  • 101–200 References: $500.
  • More than 200 References: $800.

 
If your IDS exceeds these thresholds, you’ll need to pay additional fees. This change aims to discourage overloading the system with excessive references and ensure only relevant information is submitted.

 

5. Design Patent Fees See Notable Increases

 

Design patents, which protect the ornamental appearance of products, are also affected:

  • Application Fees: Increased by 27%, now $1,300.
  • Issue Fees: Up by 76%, now $1,300.

 
This could significantly impact businesses that rely heavily on design patents, such as those in fashion or technology.

 

What These Changes Mean for Patent Applicants

 

These fee adjustments are more than just numbers—they could influence your patent filing strategy and overall costs. Here’s how:

 

1. Plan Ahead: If you’re considering filing a patent, doing so before January 19, 2025, could save you money.
2. Streamline Claims: Focus on drafting concise and well-structured claims to avoid excess claim fees. For instance, if you’re filing a patent with multiple independent claims, it might make sense to consolidate or prioritize claims that are most crucial to your invention’s protection. Similarly, focusing on the most relevant prior art in IDS submissions can save both time and money.
3. Submit Relevant Information: Be selective with IDS submissions to avoid unnecessary costs.
4. Budget for Higher Costs: Whether you’re filing a new application or continuing an existing one, ensure your budget reflects the updated fees.

 

How Law Firms and Businesses Can Adapt

 

For law firms and businesses managing multiple patents, these changes require careful planning. Here are some actionable steps:

 

  • Review Portfolios: Review and file pending applications or continuations before the fee adjustments take effect.
  • Optimize Claim Drafting: Work closely with clients to reduce the number of excess claims without compromising the scope of protection.
  • Educate Clients: Ensure that clients understand the financial implications of the new fees and adjust their strategies accordingly.

 
By being proactive, law firms can help clients minimize costs while navigating the new fee structure effectively.

 

Tips to Manage Costs Under the New Structure

 

  1. Consolidate Your Applications: Combine similar inventions into a single application when possible to reduce filing and claim fees.
  2. Work with Experts: Patent attorneys can help streamline your application and avoid unnecessary RCEs or excess claims.

Use Clear Disclosures: Avoid excessive IDS submissions by focusing on the most relevant references.
 

Got Questions?

 
Whether you’re preparing to file a patent, navigating the new USPTO fee structure, or looking to protect your intellectual property, our team is here to help. From understanding the latest fee adjustments to optimizing your patent filing strategy and managing ongoing applications, we provide the guidance you need. If you’re seeking advice on cost-effective filing, handling excess claims, or streamlining Information Disclosure Statements, we’ve got you covered.
 
Reach out to our team today and schedule your one-on-one consultation to make informed decisions and protect your innovations.

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