Beginning on January 19, 2025, the United States Patent and Trademark Office (USPTO) will be implementing the new patent fees as published in the final rule on November 20, 2024 (89 Fed. Reg. 91898). In addition to the many across-the-board fee increases, there are some fees and required statements completely new to patent prosecution before the USPTO. Fortunately, the USPTO has provided three guidance documents to assist users in understanding and navigating the new fee schedule. The first document includes questions and answers about the new continuing application fee, that is, the fee required for presenting a benefit claim that establishes an effective benefit date that is greater than 6 years, but less than 9 years before the actual filing date or an effective benefit date that is greater than 9 years before the actual filing date. The continuing application fee guidance includes 21 examples, including how the rules will affect reissue applications. The second document includes questions and answers about the new Information Disclosure Statement fee and certification requirement, and 9 examples of how the agency is applying the rule. Lastly, the third document is a quick reference guide that addresses general questions and includes several weekend/holiday scenarios that could arise.
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