USPTO Finalizes Revised Patent Fee Schedule effective January 16, 2018

 

The United States Patent and Trademark Office (USPTO) issued a final rule, entitled “Setting and Adjusting Patent Fees during Fiscal Year 2017” to set or adjust certain patent fees, as authorized by the Leahy-Smith America Invents Act (AIA). The revised fee schedule is projected to recover the aggregate estimated cost of the USPTO’s patent operations, Patent Trial and Appeal Board (PTAB) operations, and administrative services. The additional fee collections will support the USPTO’s progress toward its strategic goals like pendency and backlog reduction, patent quality enhancements, technology modernization, staffing optimization, and financial sustainability.

Here is a partial listing of changes (using large entity status fees):

Patent Application Filing Fees

Current

Final

Basic Filing Fee Utility (paper)

$280

$300

Basic Filing Fee Design, CPA, Plant

$180

$200

Surcharge - late filing fee

$140

$160

Each Independent Claim in excess of Three

$420

$460

Multiple Dependent Claim

$780

$820

Sequence Listing - 300 MB to 800 MB

More than 800 MB

$0

$0

$1,000

$10,000

Patent Post Allowance Fees

Utility Issue Fee 

$960

$1,000

Design Issue Fee (including The Hague)

$560

$700

Misc. Patent Fees

RCE – 1st Request

$1,200  

$1,300

RCE – 2nd or Subsequent Request

$1,700

$1,900

Submission of an IDS

$180

$240

Post Issuance Fees

Ex Parte Reexamination Streamlined

$0

$6,000

Ex Parte Reexamination Non-Streamlined

$12,000

$12,000

Patent Trial and Appeal Fees

Forwarding an Appeal

$2,000

$2,240

Inter Partes Review Request up to 20 claims

$9,000

$15,500

Inter Partes Post Institution up to 15 claims

$14,000

$15,000

Inter Partes Review Request-- of each claim in excess of 20

$200

$300

Inter Partes Post Institution Request-- of each claim in excess of 15

$400

$600

Post Grant or Covered Business Method Review-- Request - up to 20 claims

$12,000

$16,000

Post Grant or Covered Business Method Review-- Post-Institution up to 15 claims

$18,000

$22,000

Post Grant or Covered Business Method Review-- Request of each claim in excess of 20

$250

$375

Post Grant or Covered Business Method Post-Institution-- Request of each claim in excess of 15

$550

$825

Patent Petition Fees

Petitions for Delayed Submission of a Priority or Benefit Claim

$1,700

$2,000

PCT Fees – National Stage

Basic National Stage Fee           

$280

$300

National Stage Search Fee

US was the ISA

Search report provided to USPTO

All other situations

$120

$480

$600

$140

$520

$660

National Stage Exam Fee-- All other situations other than The US was the ISA or IPEA and all claims satisfy PCT Article 33(1)-(4)

$720

$760

Each Independent claim in excess of three

$420

$460

Each claim in excess of 20

$80

$100

Multiple Dependent Claim

$780

$820

 

For the full list of the patent fees that are changing and more information on fee setting and adjusting at the USPTO, please click here.