The United States Patent and Trademark Office (USPTO) announced today the finalized fee increases taking effect on January 19, 2025. While applicants can still expect significant increases in certain areas, some proposed fee increases were not implemented following pushback from public commentators. One notable example relates to terminal disclaimers. The USPTO had proposed a tiered fee schedule based on time of filing a terminal disclaimer, with increases of up to 724%. However, in view of public concern regarding the ability to make informed decisions about filing a terminal disclaimer, the USPTO did not proceed with the proposal, instead opting to apply a nominal fee increase from $170 to $183.

Below is an updated overview of how fees are changing and how applicants can save money in the coming months. The following information lists fees at the large entity rate. Discounts are available for small entities (having no more than 500 employees) and micro entities, as detailed on the USPTO’s Save on Fees website. Additionally, more detailed information on the proposed changes can be found on the USPTO’s Fee Setting and Adjusting website.

File Soon, if Possible

  • Filing before the increases take effect will result in significant savings.
  • Basic filing, search, and examination fees will all increase by 10%.
  • Filing a continuation (or divisional) application more than 6 or 9 years after the priority benefit claim date will begin to cost an additional $2,700 or $4,000 on top of the ordinary filing, search, and examination fees, respectively.
 Filing in 2024Filing after Jan. 18, 2025% increase
Basic Filing fee$320$35010%
Utility Search Fee$700$77010%
Utility Examination Fee$800$88010%
Continuation fee after 6 years of benefit$0$2,700N/A
Continuation fee after 9 years of benefit$0$4,000N/A

Consider Filing Excess Claims Before Jan. 19, 2025

  • The costs for each excess claim above 20 doubles in 2025 (increasing from $100 to $200).
  • The fee for each independent claim in excess of 3 will increase from $480 to $600 each.
  • For applications filed in 2025, consider strategies to consolidate claims to reduce fees.
 Filing in 2024Filing after Jan. 18 2025% increase
Fee per claim in excess of 20$100$200100%
Fee for independent claim in excess of 3$480$60025%

Prosecute Efficiently

  • Prolonged prosecution will cost more.
  • The After-Final Consideration Pilot expires on December 14, 2024, and will not be renewed.
  • The fee for filing an RCE will increase to $1,500 or $2,860 for a first or second and subsequent request, respectively.
  • As mentioned above, continuations filed 6 and 9 years after the earliest priority benefit date will be charged significant new fees of $2,700 and $4,000, respectively.
 Filing in 2024Filing after Jan. 18  2025% increase
1st RCE$1,360$1,50010%
2nd and subsequent RCE$2,000$2,86043%

Prioritize Your Disclosures

  • You have a duty to disclose, but consider whether references are redundant or not material to patentability. Omitting unnecessary references can help avoid new fees for voluminous disclosures.
  • Filing an Information Disclosure Statement (IDS) that causes the cumulative number of applicant-provided items to exceed 50, 100, or 200 will begin to cost $200, $500, or $800, respectively (less any amount previously paid).
 Filing in 2024Filing after Jan. 18  2025% increase
51-100 Items$0$200N/A
101-200 Items$0$500N/A
201+ Items$0$800N/A

Consider the Benefit of Patent Term Adjustment and Extension Applications

  • The fee for a Patent Term Adjustment (PTA) application will increase from $210 to $300.
  • The fee for a Patent Term Extension (PTE) application will increase from $1,180 to $2,500, significantly less than the originally-proposed $5,520.
 Filing in 2024Filing after Jan. 18  2025% increase
PTA Application fee$210$30043%
PTE Application fee$1,180$2,500119%

Stay Vigilant

  • Be cognizant of the status of your patent or patent application and consider whether trial proceedings are likely to occur.
  • The fees for unintentional delays of greater than 2 years will increase from $2,100 to $3,000.  This will include unintentional delays in payment of maintenance fees, revival of abandoned applications, delayed submissions of priority claims, and other special situations.
  • Trial fees for inter partes review and post-grant proceedings at the Patent Trademark Appeal Board (PTAB) will see a 25% increase across the board.
  • Additionally, a request for review of a PTAB decision by the director will begin to cost $452.
 Filing in 2024Filing after Jan. 18  2025% increase
Delay >2 years$2,100$3,00043%
Director review of PTAB decision$0$452N/A

Planning Ahead

The USPTO fee increases taking effect on January 19, 2025 require careful consideration and planning for patent filing and prosecution strategies. Applicants should consider prioritizing high-value patent filings and optimizing the number and format of claims filed.

Given the significant savings to be realized, it is important for patent applicants, patent owners, and also patent challengers to consult with counsel to tailor strategies to their unique circumstances and needs.

Disclaimer: The information contained in this posting does not, and is not intended to, constitute legal advice or express any opinion to be relied up legally, for investment purposes or otherwise. If you would like to obtain legal advice relating to the subject matter addressed in this posting, please consult with us or your attorney. The information in this post is also based upon publicly available information, presents opinions, and does not represent in any way whatsoever the opinions or official positions of the entities or individuals referenced herein.