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USPTO Patent Fee Changes: What You Need to Know

2 min read

The US Patent and Trademark Office (USPTO) has released a final rule implementing increases to various patent fees, effective January 19, 2025. This will impact 433 patent fees, including the introduction of 52 new fees. According to the USPTO, “fee adjustments are necessary to provide the agency with sufficient financial resources to facilitate the effective administration of the US patent system.”

Background

The patent fee changes were originally proposed in 2023. After receiving widespread criticism, the USPTO amended their proposal in April 2024. The final rule includes some further adjustments, most notably dropping the tiered fee proposal for terminal disclaimers and a more significant price hike for applying for patent term extension (PTE), but other less controversial fees were left as proposed.

Key Takeaways

  • Many of the increases are proportional across the board increases of about 7.5%.
  • Fees associated with post-grant proceedings will increase by 25%. In addition, request for review of a PTAB decision by the director will now come at a cost. Previously free, the request for review will be $452.
  • The USPTO is instituting notable new fees for certain continuation applications. There will be a $2,700 cost for filing a continuation after six years from effective filing date, with the fee increasing to $4,000 after nine years.
  • Fees for second Requests for Continued Examination (RCEs) and beyond will increase by over 40%.
  • The cost of applying for patent term extension (PTE) will go from $1,180 to $2,500. (The original proposal included increasing this fee to $6,700.)
  • Fees for filing a design patent application will go from $1,760 to $2,600.
  • “Applicants who meet the eligibility criteria for small or micro entity discounts will continue to pay a reduced fee for the fees eligible for discount under AIA section 10(b),” according to the USPTO. 

Please feel free to contact us if you have any questions or would like to discuss how this final rule affects your IP strategy.

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