The USPTO has issued a revised fee schedule which will go into effect on January 16, 2018. This is the second iteration of patent fee rulemaking by the UPSTO under the authority granted to it by the AIA. The first iteration was set as a final rule in January of 2013. The overall purpose of the fee changes is generate sufficient revenue to recover the aggregate cost of USPTO operation and to accomplish the USPTO’s strategic goals including progress on patent quality initiatives, continued reduction of the patent application backlog and pendency, continued delivery of high quality and timely PTAB decisions, and continued investment in modernization of IT systems and infrastructure.
The following are the changes to some of the more commonly paid fees. All the fee changes are shown as undiscounted (large entity). Reductions for small and micro entity status continue to be available where applicable.
Provisional application fee:
Filing fee: Increase from $260 to $280
Utility application filing fees:
Basic filing fee: Increase from $280 to $300
Search fee: Increase from $600 to $660
Examination fee: Increase from $720 to $760
Surcharge for late submission: Increase from $140 to $160
Design application filing fees:
Basic filing fee: Increase from $180 to $200
Search fee: Increase from $120 to $160
Examination fee: Increase from $460 to $600
Excess claims fees:
Each independent claim over 3: Increase from $420 to $460
Each claim over 20: Increase from $80 to $100
Multiple dependent claim fee: Increase from $780 to $820
First RCE: Increase from $1200 to $1,300
Second and subsequent RCE: Increase from $1700 to $1,900
Submission fee: Increase from $180 to $240
Patent issue fees:
Utility issue fee: Increase from $960 to $1,000
Design issue fee: Increase from $560 to $700
Ex parte appeal fees:
Appeal forwarding fee: Increase from $2000 to $2,240
IPR, PGR, and CBM fees:
IPR request fee, up to 20 claims: Increase from $9,000 to $15,500
IPR request, each claim over 20: Increase from $200 to $300
IPR post-institution fee, up to 15 claims: Increase from $14,000 to $15,000
IPR post-institution, each claim over 15: Increase from $400 to $600
PGR/CBM request fee, up to 20 claims: Increase from $12,000 to $16,000
PGR/CBM request, each claim over 20: Increase from $250 to $375
PGR/CBM post-institution fee, up to 15 claims: Increase from $18,000 to $22,000
PGR/CBM post-institution, each claim over 15: Increase from $550 to $825
Other fee changes include new fees for furnishing a sequence listing, an increase to the fee for a certificate of correction, new and increased fees for various items and services through the Office of Enrollment and Discipline (OED), changes to the fees for various petitions related to reviving an application and delayed submissions, and changes to the fees for copies of file wrappers and other document related services.
The USPTO fee schedule can be accessed on the USPTO website at https://www.uspto.gov/learning-and-resources/fees-and-payment.
Revised USPTO Patent Fee Schedule Effective
January 16, 2018
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