Client Alert: Official U.S. Patent Fee Increases

The U.S. Patent and Trademark Office (PTO) is increasing most patent fees on January 19, 2025.¹

• The filing fee² for a utility application increases to $2,000 from $1,820 for a large entity.³ The additional independent claim fee increases to $600 from $480 per independent claim above three. The additional total claim fee increases to $200 from $100 per total claim above 20.
• The filing fee for a provisional application increases to $325 from $300.
• The filing fee for a design application increases to $1,300 from $1,020.
• The fee to request prioritized examination of a utility application increases to $4,515 from $4,200.
• There also is a new priority claim fee of $2,700 for applications that claim priority to one or more earlier U.S. applications with a benefit of more than six years. This priority claim fee is $4,000 if the benefit is more than nine years.
• For information disclosure statements (IDS), the PTO is charging an additional fee if the cumulative number of references submitted is large. If the number exceeds 50, the fee is $200. If the number exceeds 100, the fee is $500 less any prior fee that was paid. If the number exceeds 200, the fee is $800 less any prior fees that were paid.
• The fee for the 1^st Request for Continued Examination (RCE) increases to $1,500 from $1,360. The fee for 2^nd and all subsequent RCEs increases to $2,860 from $2,000.
• The issue fee for an allowed utility application increases to $1,290 from $1,200. The issue fee for an allowed design application increases to $1,300 from $740.
• Most other patent fees also are increasing effective January 19, 2025, including requests for extensions of time, filing of an appeal brief, patent maintenance fees, among others.

Footnotes

1. https://www.uspto.gov/about-us/news-updates/patent-fee-changes-take-effect-january-19

2. This is the combined filing fee, which includes the basic fee, the search fee, and the examination fee.

3. For most patent fees, a 60% discount is provided for small entities and an 80% discount is provided for
micro entities. For entity status information, see https://www.uspto.gov/patents/apply/save-on-fees

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.