8110 Gatehouse Road
Suite 100 East
Falls Church, VA 22042-1248 USA

Telephone: +1-703-205-8000

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.