USPTO Fee Updates

According to the updated fee schedule, the USPTO will increase most standard fees, including filing fees, search and examination fees, and issue fee payments for utility and design patent applications. As an example, the standard undiscounted fees for filing, search, and examination for a new utility patent application will increase from $1,820 to $2,000. 

The USPTO states that the fees were shaped by public feedback. In response to the feedback, the USPTO decided not to move forward with certain targeted proposals and has revised other targeted proposals as follows:

Targeted Proposals – Not Accepted by USPTO

• A new fee for After Final Consideration Pilot 2.0 requests (this program is set to expire on December 14, 2024).
• A targeted increase to the patent term adjustment fee. 
• A tiered fee schedule for terminal disclaimer filings. 

Targeted Proposals – Updated by the USPTO

• An upward adjustment of the timing thresholds for continuing applications. 
• An elimination of the proposed third tier for Requests for Continued Examination (RCEs), and corresponding adjustments to the existing fee for second and subsequent requests.

Timing Thresholds and Continuing Applications

The updated fee schedule includes an increase in fees for continuation practice. Specifically, an applicant must now pay an additional filing fee of $2,700 (undiscounted) if a continuing application is filed more than six years after the earliest benefit date to which the continuing application claims priority. This fee increases to $4,000 (undiscounted) for any continuation application that claims priority benefit more than nine years after the earliest benefit date.

RCE Fee Increase

The updated fee schedule includes fee increases for RCEs. However, instead of adopting a new higher tier for third and subsequent RCEs, the USPTO decided to increase the fee for second and subsequent RCEs by over 43% compared to the current fee

• First RCE: $1,500, up from $1,360 (a 10% increase over the current fee).
• Second and subsequent RCEs: $2,860, up from $2,000 (a 43% increase over the current fee).

Additional Fee Increases

• Tiered surcharge schedule for Information Disclosure Statements (IDSs): (1) $200 surcharge for IDSs that include between 50 and 99 applicant-provided citations, (2) $500 surcharge for IDSs that include between 100 and 200 citations, and (3) $800 surcharge for IDSs that exceeds 200 citations.
• New fee of $452 for Director Review requests.
• Increase in excess claim fees for each claim in excess of 20 by 200%.
• Increased fee for each independent claim in excess of three by 25%.
• Increased fee patent term extension applications to $2,500 from $1,180.

Conclusion

As certain USPTO fees will increase significantly in 2025, patent applicants should take certain steps to manage these changes. At a bare minimum, patent applicants should consider the following strategies:

• File any upcoming non-provisional and continuation applications before these fees increase on January 19, 2025.
• Review important patent families and monitor deadlines six and/or nine years after the priority benefit claim date to avoid additional filing fees for key continuation filings.
• Minimize unnecessary RCE filings through use of Examiner interviews and other prosecution strategies to avoid additional office actions.
• Satisfy your duty to disclose, but also understand that some references may be redundant or not material to patentability. Omitting any such unnecessary references can help avoid fees for voluminous disclosure filings.