pected to implement the adjusted fees in January 2025. Although many fees have not changed significantly (about 5%), USPTO proposes to significantly increase the fees for design patents and the trial fees of the Patent Trial and Appeal Board (PTAB), and proposes new fees that may affect applicant behavior and the way patent applications are examined. The mixed public hearing on the proposed fees is scheduled for May 18, 2023, from 1 pm to 3 pm Eastern Time.
New expenses aimed at recovering costs
- Transfer record (electronic): $40.
- Transfer record (paper): $60.
Final Rejected Application for Reconsideration Procedure (AFCP): $500.
- Unintentionally delaying applications for more than 2 years: $3000.
New fees that may alter the applicant's behavior
Continuous application for additional fees (submitted no earlier than 3 years after the priority date): $1500.
Continue to apply for additional fees (submitted no earlier than 7 years after the priority date): $3000.
The executive summary states that these additional fees will "partially offset the loss of maintenance fee income resulting from subsequent applications submitted," but are also intended to "encourage applicants to engage in more effective application behavior.
- Information Disclosure Statement (IDS) fees based on the cumulative number of cited references:
Excess 50 items: $200;
Excess 100 items: $300;
Excess 200 items: $300.
The cost of Terminal Disclaimer increases based on the time of submission of the statement
Prior to the first review opinion: $200;
Before the final review opinion: $500;
After the last review opinion or approval: $800;
At or after submitting the appeal notice: $1100;
After patent authorization: $1400.
The executive summary points out that after certain important procedures, the cost of handling end of term abandonment will significantly increase.
PTAB trial fees
The application fee for PTAB trials will increase by approximately 25%.
- Requesting the Director to review the PTAB decision for a fee of $440, which is an additional fee.
Considering the recently announced PTAB reform under review, USPTO proposes to charge a new fixed fee for exceeding the prescribed page limit:
Multi party review (IPR) application (+7000 words): $11875;
IPR application (+14000 words): $23750;
After IPR activation (+7000 words): 14065 USD;
After IPR activation (+14000 words): $28125;
Application for Post Authorization Review (PGR) (+9350 words): $12500;
PGR application (+18700 words): $25000;
After PGR application (+9350 words): $17190;
After PGR activation (+18700 words): $34375.
Pay for discounts as stipulated in the Release of American Innovation Act
According to the principle of "there is no free lunch in the world", the director explained in the letter to PPAC that the higher small and micro entity fee discounts stipulated in the Release of American Innovation Act, coupled with recent "higher than expected inflation", mean that USPTO will experience an "operational deficit" starting from fiscal year 2025. Therefore, USPTO needs to adjust its fees to cover its operating costs and support other goals, such as "promoting inclusive innovation and global competitiveness in the United States," "promoting effective delivery of reliable intellectual property," "promoting protection of intellectual property from new and ongoing threats," "making innovation have a positive impact," and improving employee and customer experience.
USPTO invites users to provide written feedback on the proposed fee adjustment and has established an application procedure for individuals who wish to testify orally at the meeting on May 18, 2023.