USPTO Sets/Adjust Fees
The U.S. Patent and Trademark Office has released their final rule for new fees based upon its fee-setting authority under the Leahy-Smith America Invents Act (AIA). This new rule has set fees to change on March 19, 2013, in most cases. A few fees will not change until January 1, 2014.
Below we provide a summarized version of the most common fees with related comments.
The entire final rule can be found at U.S. Government Printing Office web site. Also, a complete version of the Fee Changes can be found at U.S. Patent and Trademark Office web site.
New Applications*
The total basic filing, search and examination fees will increase from approximately $1,260 to $1,600, an increase of $340.
The total National phase filing, search and examination fees will increase from approximately $1140 – $1270 to $1480 – $1600, an increase of $330 – $340.
If filing a US application, you may consider filing prior to the effective date to avoid the higher fees.
| Large Entity Example | Present Fee | New Fee | Effective Date |
|---|---|---|---|
| Utility Basic Filing Fee | $390 | $280 | March 19, 2013 |
| Utility Search Fee | $620 | $600 | |
| Utility Examination Fee | $250 | $720 | |
| Basic PCT National Stage Fee | $390 | $280 | |
| National Stage Search Fee (ISR provided) | $500 | $480 | |
| National Stage Search Fee | $630 | $600 | |
| National Stage Exam Fee | $250 | $720 | |
| Application Size Fee – For each Additional 50 Sheets that Exceed 100 sheets | $320 | $400 | |
| Independent Claims in Excess of 3 | $250 | $420 | |
| Claims in Excess of 20 | $62 | $80 | |
| Multiple Dependent Claim Fee | $460 | $780 | |
| Design Basic Filing Fee | $250 | $180 | |
| Design Search Fee | $120 | $120 | |
| Design Examination Fee | $160 | $460 |
Extensions of Time*
| Large Entity Example | Present Fee | New Fee | Effective Date |
|---|---|---|---|
| Extension for Response within 1st Month | $150 | $200 | March 19, 2013 |
| Extension for Response within 2nd Month | $570 | $600 | |
| Extension for Response within 3rd Month | $1290 | $1400 | |
| Extension for Response within 4th Month | $2010 | $2200 | |
| Extension for Response within 5th Month | $2730 | $3000 |
Request for Continued Examination (RCE)*
The RCE fee will increase an additional $270 to $770, depending on whether a first RCE is being filed or a second and subsequent RCE is being filed. Therefore, we recommend that all instructions to file RCEs be received prior to the effective date to avoid the increase in fees.
| Large Entity Example | Present Fee | New Fee | Effective Date |
|---|---|---|---|
| First RCE | $930 | $1200 | March 19, 2013 |
| Second and Subsequent RCE | $930 | $1700 |
*Because we expect to receive a large number of filing instructions prior to March 18, 2013, we cannot guarantee we will complete your request unless we receive and acknowledge your instructions one week in advance of the effective date. Please note that we will make every attempt to file your request in a timely manner.
Appeals
| Large Entity Example | Present Fee | New Fee | Effective Date |
|---|---|---|---|
| a) Notice of Appeal | $630 | $800 | March 19, 2013 |
| b) Filing a Brief in Support of an appeal in Application or Ex Parte Reexamination Proceeding | $630 | $0 | |
| Appeal Forwarding Fee for Appeal in Examination or Ex Parte Reexamination Proceeding or Filing a Brief in Support of an Appeal in Inter Partes Reexamination (NEW) | (n/a) | $2000 |
Ex Parte Reexamination
If filing a Request for Ex Parte Reexamination, you may consider filing on or after March 19, 2013, to take advantage of the decreased fees.
| Large Entity Example | Present Fee | New Fee | Effective Date |
|---|---|---|---|
| Ex Parte Reexamination | $17750 | $12000 | March 19, 2013 |
Inter Partes Review
| Large Entity Example | Present Fee | New Fee | Effective Date |
|---|---|---|---|
| Inter Partes Review Request – Up to 20 Claims (Per Claim Fee for Each Claim in Excess of 20 is $200) (NEW) | n/a | $9000 | March 19, 2013 |
| Inter Partes Review Post Institution Fee – Up to 15 Claims (Per Claim Fee for Each Claim in Excess of 15 $400) (NEW) | n/a | $14000 |
Post Grant Review
| Large Entity Example | Present Fee | New Fee | Effective Date |
|---|---|---|---|
| Post-Grant Review or Covered Business Method Patent Review Request – Up to 20 Claims (Per Claim Fee for Each Claim in Excess of 20 is $250) (NEW) | n/a | $12000 | March 19, 2013 |
| Post-Grant Review or Covered Business Method Patent Review Post Institution Fee – Up to 15 Claims (Per Claim Fee for Each Claim in Excess of 15 is $550) (NEW) | n/a | $18000 |
Issue & Publication Fees
Issue and Publication Fees will drastically reduce after January 1, 2014. Thus, when the Notice of Allowance is mailed on or after October 1, 2013, you may wish to delay paying the Issue and Publication Fees until January 1, 2014. Note, however, that delayed payment of the Issue Fee may delay issuance of the patent.
| Large Entity Example | Present Fee | New Fee | Effective Date |
|---|---|---|---|
| Utility Issue Fee | $1770 | $960 | January 1, 2014 |
| Publication Fee (Early, voluntary or normal publication) | $300 | $0 |
Electronic Recordation of Assignment Documents
| Large Entity Example | Present Fee | New Fee | Effective Date |
|---|---|---|---|
| Electronic Recordation of Assignments | $40 | $0 | January 1, 2014 |
Correcting Inventorship after First Action on the Merits (NEW)
| Large Entity Example | New Fee | Effective Date |
|---|---|---|
| Correcting Inventorship after First Action on the Merits | $600 | March 19, 2013 |