The United States Patent and Trademark Office (USPTO) has announced significant fee changes that will take effect on January 19, 2025. As a patent attorney, I want to highlight the key adjustments and their potential impact on patent applicants and strategies.
General Fee Increases
The USPTO is implementing an across-the-board fee increase of approximately 7.5% for most patent-related services. This adjustment aims to align fees with operational costs and maintain the efficiency of the patent system.
Targeted Fee Adjustments
Several fees will see more substantial increases:
Excess Claims
- Independent claims in excess of three: $600 (up from $480)
- Claims in excess of 20: $200 (doubled from $100)[1][5]
Request for Continued Examination (RCE)
- First RCE: $1,500 (up from $1,360)
- Second and subsequent RCEs: $2,860 (a significant increase from $2,000)
Design Patent Applications
- Combined filing, search, examination, and issue fees: $2,600 (up from $1,760)
New Fees
Continuing Applications
The USPTO is introducing new fees for continuing applications filed after certain time thresholds:
- Filed six or more years after the earliest benefit date: $2,700
- Filed nine or more years after the earliest benefit date: $4,000
Information Disclosure Statement (IDS) Size Fees
New fees will apply for large IDS submissions:
- More than 50 items: $200
- More than 100 items: $500
- More than 200 items: $800
Impact on Patent Strategies
These fee changes will likely influence patent prosecution strategies:
- Claim Drafting: The increased excess claim fees may encourage more focused claim sets.
- Continuation Practice: The new fees for later-filed continuations could prompt earlier filing of follow-on applications.
- IDS Submissions: Applicants may need to be more selective in citing prior art to avoid the new IDS size fees.
- Design Patents: The substantial increase in design patent fees may affect filing decisions, especially for companies with large design portfolios.
Recommendations
- Review Pending Applications: Consider filing continuations or RCEs before the fee increase takes effect.
- Evaluate Filing Strategies: Reassess your approach to claim drafting and continuation practice in light of the new fee structure.
- Plan for Higher Costs: Budget for increased patent expenses, particularly for complex technologies requiring multiple continuations or large IDS submissions.
- Consider Early Filing: If possible, file new applications before January 19, 2025, to take advantage of current lower fees.
The USPTO’s fee adjustments aim to promote innovation, align fees with costs, and improve the efficiency of the patent system. While these changes may increase short-term costs for applicants, they are designed to ensure the long-term sustainability and quality of the U.S. patent system.
As always, consult your patent attorney at Larson & Larson to determine the best strategies for your specific intellectual property needs in light of these upcoming changes.