The United States Patent and Trademark Office (USPTO) has announced significant fee changes effective January 19, 2025. As patent attorneys, we are closely monitoring these adjustments and their potential impact on applicants, portfolios, and filing 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)
Request for Continued Examination (RCE)
- First RCE: $1,500 (up from $1,360)
- Second and subsequent RCEs: $2,860 (up significantly 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 may influence how your patent attorney approaches your applications:
- Claim drafting: Attorneys may recommend more focused claim sets to avoid excess claim fees.
- Continuation practice: Later-filed continuations may be prepared and filed earlier to reduce costs.
- IDS submissions: Prior art citations may be reviewed more selectively to avoid new IDS size fees.
- Design patents: Filing decisions for design patents may be adjusted in light of the substantial fee increases, particularly for clients with large design portfolios.
Recommendations
Based on these strategic considerations, your patent attorney will review your portfolio and take these steps as needed to help you navigate the fee changes:
- Review pending applications: Identify any continuations or RCEs that should be filed before the fee increase.
- Evaluate filing strategies: Adjust claim drafting and continuation practices to minimize excess claims and late filings.
- Plan for higher costs: Account for increased fees in future budgeting, particularly for technologies likely to require multiple continuations or large IDS submissions.
- Consider early filing: File new applications before January 19, 2025, when possible, 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 changes.
Published by Larson & Larson, a Florida-based intellectual property law firm serving clients since 1987.
