USPTO Fee Update: Key Changes

As previously announced, the USPTO will implement new patent fees on January 19, 2025. Here are some key changes:

Continuing Applications

The USPTO implemented a new filing fee for delayed filing of continuing applications (i.e., filed more than six years and more than nine years after the earliest benefit filing date).  

  1. More than six years: $2700 (large entity), $1080 (small entity), $540 (micro entity)
  2. More than nine years: $4000 (large entity), $1600 (small entity), $800 (micro entity)

Information Disclosure Statements (IDSs)

An additional fee structure is being added based on the cumulative number of IDS items cited by applicant during prosecution regardless of the entity size:

  1. 50 or fewer items: No fee
  2. 51-100 items: $200
  3. 101-200 items: $500 (minus any $200 fee paid)
  4. 200+ items: $800 (minus any $200 and $500 fees paid)

The additional fees will become due the first time the cumulative number of IDS items exceeds each of the levels (i.e., incurred once at each of 51 items, 101 items, and 201 items).

Other Fee Increases

  1. Design issue fee: $1300 (large entity), $520 (small entity), $260 (micro entity)
  2. Independent claim fee (over 3): $600 (large entity), $240 (small entity), $120 (micro entity)
  3. Claim fee (over 20): $200 (large entity), $80 (small entity), $40 (micro entity)

A full list of the fees can be viewed using the USPTO link found here.

If you have any questions, please do not hesitate to contact us.

Tags: USPTO Updates

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