17 January 2025
The United States Patent and Trademark Office (USPTO) has announced updates to its fee structure, introducing notable increases for patents, trade marks, and design-related filings. These changes, effective from January 19, 2025, will apply to all fees paid on or after this date. Here's a breakdown of the adjustments and how they might affect applicants, particularly large entities, small entities, and micro-entities.
Key Changes in Patent Fees
Continuation (Divisional) Applications
- New Surcharge: Continuation applications filed more than six years after the earliest benefit date will incur:
- $2,700 surcharge for the first instance.
- $4,000 surcharge for subsequent applications.
- Discounts: Small entities receive a 60% discount, while micro-entities receive an 80% discount.
Information Disclosure Statement (IDS)
- Introduction of Fees: Fees now apply based on the number of cumulative applicant-cited documents:
- $200 for 51-100 documents.
- $500 for 101-200 documents.
- $800 for more than 200 documents.
- Note: Discounts for small and micro-entities do not apply.
Excess Claim Fees
- Increased Fees:
- $600 for each independent claim beyond 3 (up from $480).
- $200 for each claim beyond 20 (up from $100).
- Discounts: Small entities get a 60% discount, and micro-entities receive an 80% discount.
Request for Continued Examination (RCE)
- Fee Adjustments:
- First RCE: $1,500 (up from $1,360).
- Subsequent RCEs: $2,860 (up from $2,300).
- Discounts: Small and micro-entities benefit from 60% and 80% discounts, respectively.
Updates to Trade mark Fees
Insufficient Information in Applications
- New Surcharge: A $100 fee per class will be applied for incomplete information.
Free-Form Text Box Usage
- Additional Fees:
- $200 per class for goods and services identified using free-form text boxes.
- An extra $200 fee for every additional group of 1,000 characters.
Other Trade mark Fee Adjustments
- Statement of Use: Increased from $100 to $150 per class.
- Renewal Fees: Raised to $325 per class from $300.
- Declarations of Use:
- Section 8 declarations: Increased to $325 (from $225).
- Section 15 declarations: Raised to $250 (from $200).
- Section 71 declarations: Increased to $325 (from $225).
Changes in Design Fees
New Fee Structure
- Filing Fee: Increased to $300 (from $220).
- Search Fee: Raised to $300 (from $160).
- Examination Fee: Adjusted to $700 (from $640).
- Issue Fee: Increased to $1,300 (from $740).
Discounts for Small and Micro-Entities
- Small entities enjoy a 60% discount, while micro-entities receive an 80% discount across all design fees.
Takeaway for Applicants
These fee adjustments underscore the importance of timely and accurate submissions to minimise costs. Applicants, especially small and micro-entities, should review the updated fee schedule to strategically plan filings and ensure compliance. For more detailed information, consult the USPTO or seek guidance from a trade mark or patent attorney.
