USPTO Proposed 2025 Fee Changes Pass the Notice and Comment PeriodJune 24, 2024

Proposed fee changes for 2025 have passed the notice and comment period and are expected to go into effect in the USPTO’s 2025 fiscal year. The USPTO allowed for public comments on the proposal to be received up until May 28, 2024. The notice of proposed rulemaking followed a public hearing held by the Patent Public Advisory Committee (PPAC) in May 2023 which allowed for comments and recommendations of the PPAC on the fee proposals. The rule proposes to set or adjust 455 current patent fees with the introduction of 73 new fees (89 FR 23226-23291). There will be an overall increase in routine fees to obtain a patent including filing, search, examination, and issue fees.  Adjustments are based on cost estimates found in the agency’s Fiscal Year 2025 Budget following a biennial review of costs, fees, and revenues. Applications that meet the criteria for small or micro entities will continue to pay a reduced fee where eligible. The following are some of the proposed fee changes:

Proposed Terminal Disclaimer Fee Changes for 2025

Description Current fee (2024) Proposed fee (2025)
Filed prior to the first action on the merits $170 $200
Filed prior to a final action or allowance $170 $500
Filed after final or allowance $170 $800
Filed on or after a Notice of Appeal $170 $1100
Filed in a patented case or in an application for reissue $170 $1400

Request for Continued Examination (RCE) Fee Changes for 2025

Description Current fee (2024) Proposed fee (2025)
1st RCE $1300 $1500
2nd RCE $2000 $2500
3rd RCE (and subsequent) $2000 $3600


Continuation/Divisional Surcharge Fee Changes for 2025

Description Proposed fee (2025)
Application filed ≥ 5 years after earliest benefit date: $2200
Application filed ≥ 8 years after earliest benefit date: $3500

*Provisional is not included in earliest benefit calculation

Other Proposed Fee Changes for 2025

After Final Consideration Pilot (AFCP): $500

Escalating information disclosure statement (IDS) Fees:

  • > 50 References: $200
  • > 100 References: $500
  • > 200 References: $800

*Based on cumulative references cited

Petition Fee for Patent Trial and Appeal Board (PTAB) Trials (PGR and IPR): ~25%

The implementation of these fee changes aims to maintain sufficient total revenue for USPTO operations in the coming years. The adjustments were deemed necessary following a review and analysis of the agency’s estimated revenue and cost forecast for the next five years. The fee changes are intended to increase stability in the USPTO’s finances, enabling predictable and reliable services to U.S. innovation and entrepreneurship. Increasing USPTO operating costs from baseline estimates is attributed to inflation trends in the US over the last two years.

The proposed rule and subsequent changes have been determined to be economically significant and thus require a Regulatory Impact Analysis (RIA) under executive order. An RIA was prepared by the USPTO to analyze costs and benefits of the proposed rule over a five-year period.  Cost and benefit analysis derived from the RIA are qualitative as the USPTO indicates that quantifying social costs and benefits has difficulties. This assessment covers the schedule design of the changes and a revenue analysis to ensure the alternative is adequate in supporting the mission and priorities of the USPTO while serving the interests of U.S. innovation and entrepreneurship.

All of the expected fee changes can be accessed at Federal Register :: Setting and Adjusting Trademark Fees During Fiscal Year 2025.

Jonathan L. Kennedy, is a Patent Attorney in the Biotechnology & Chemical Practice Group at McKee, Voorhees & Sease, PLC. For additional information, please visit or contact Jonathan directly via email at

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