USPTO Issues Patent Fee Changes for 2025December 18, 2024

In its final rule issued on November 20, 2024, the United States Patent and Trademark Office (USPTO) issued changes to set or increase certain patent fees. The revised fees will take effect on January 19, 2025.

There will not be a new fee for After Final Consideration Pilot 2.0 requests as was proposed, nor will there be tiered terminal disclaimer fees or a target increase to the patent term adjustment fee. Furthermore, applicants meeting the criteria for small or micro entity discounts will still enjoy a reduced fee for those eligible for discount under Section 10(b) of the AIA.

The final rule will introduce 52 new fees and revise most patent fees. Generally speaking, the adjustment will increase the routine fees to obtain a patent.

Continuing application fees

The USPTO is introducing new fees for presenting some types of benefit claims in nonprovisional applications and will apply to those which have an actual filing date more than six years, or more than nine years, later than the earliest filing date for the benefit claimed. The new fees for applications with an actual filing date more than six years, but no more than 9 years, from the earliest benefit date will be $2,700 for undiscounted applications, $1,080 for small entity applications, and $540 for micro entity applications. For those applications having an actual filling date more than 9 years from the earliest benefit claim, the fee for undiscounted applications will be $4,000, small entity fees will be $1,600, and micro entity fees will be $800.

Information disclosure statement size fees

The final rule also sets forth new IDS size fees based on the cumulative number of items of information submitted during the pendency of an application or during a reexamination proceeding. The fees are set at $200 for a cumulative number of items in excess of 50; $500 for those in excess of 100 but not exceeding 200, less the amount previously paid; and $800 for those in excess of 200, less the amount previously paid. The aforementioned new fees are not eligible for entity size discounts.

Unintentional delay petition fees

A new two-tier fee structure for a petition based on unintentional delay is also introduced for both delays of two years or less and for delays over two years. The new fee for unintentional delay of two years or less is $2,260 for undiscounted applications, $904 for small entity applications, and $452 for micro entity applications. The new fee for unintentional delay of more than two years is $3,000 for undiscounted applications $1,200 for small entity applications, and $600 for micro entity applications.

Suspension of action fees

The USPTO will introduce a new tiered fee structure for requests for suspension of action under § 1.103(a), or those occurring during examination. For first suspension requests, the fees are $300 for undiscounted applications, $120 for small entity applications, and $60 for micro entity applications. For second or subsequent requests in the same applications, the fees are $450, $180, and $90, respectively.

Request for review of PTAB decision

Finally, the USPTO is setting a new fee in AIA proceedings pertaining to requesting director review. The new fee is set at $452, the same as a petition to the Chief Judge in an ex parte appeal, and is not eligible for entity discounts.

Fee increases for small and micro entity applications

The USPTO will also be increasing notable small and micro entity fees as follows:

Stay Informed: Don’t miss out on the details! Learn more about the 52 upcoming patent fee changes and how they might impact you. Visit the USPTO website for the full breakdown.

Need Guidance? Contact MVS today to find out how these fee increases could affect you or your business. We’re here to help you navigate these changes and ensure your innovations stay protected!