Upcoming USPTO Fee Increases
The United States Patent and Trademark Office (USPTO) is increasing many of the patent and trademark fees effective October 2, 2020. On average, the fees are increasing by 5 – 10 percent. Below is a summary of the larger changes and their economic impact on your portfolio.
| Current Fees | Final Patent Fee Schedule Fees | Increase/(Decrease) | Percentage Change | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Description | Large Entity Fee | Small Entity Fee | Micro Entity Fee | Large Entity Fee | Small Entity Fee | Micro Entity Fee | Large Entity Fee | Small Entity Fee | Micro Entity Fee | Large Entity Fee | Small Entity Fee | Micro Entity Fee |
| Patent Application Filing Fees | ||||||||||||
| Basic Filing Fee - Design | $200 | $100 | $50 | $220 | $110 | $55 | $20 | $10 | $5 | 10% | 10% | 10% |
| Basic Filing Fee - Design (CPA) | $200 | $100 | $50 | $220 | $110 | $55 | $20 | $10 | $5 | 10% | 10% | 10% |
| Basic Filing Fee - Plant | $200 | $100 | $50 | $220 | $110 | $55 | $20 | $10 | $5 | 10% | 10% | 10% |
| Patent Post-Allowance Fees | ||||||||||||
| Utility Issue Fee | $1,000 | $500 | $250 | $1,200 | $600 | $300 | $200 | $100 | $50 | 20% | 20% | 20% |
| Reissue Issue Fee | $1,000 | $500 | $250 | $1,200 | $600 | $300 | $200 | $100 | $50 | 20% | 20% | 20% |
| Patent Extension of Time Fees | ||||||||||||
| Extension for Response Within First Month | $200 | $100 | $50 | $220 | $110 | $55 | $20 | $10 | $5 | 10% | 10% | 10% |
| Patent Maintenance Fees | ||||||||||||
| For Maintaining an Original or Any Reissue Patent, Due at 3.5 years | $1,600 | $800 | $400 | $2,000 | $1,000 | $500 | $400 | $200 | $100 | 25% | 25% | 25% |
| Surcharge - 3.5 year - Late Payment Within 6 Months | $160 | $80 | $40 | $500 | $250 | $125 | $340 | $170 | $85 | 213% | 213% | 213% |
| Surcharge - 7.5 year - Late Payment Within 6 Months | $160 | $80 | $40 | $500 | $250 | $125 | $340 | $170 | $85 | 213% | 213% | 213% |
Click HERE to view the full list USPTO fee increases.
We recommend taking the following actions, if possible, in advance of October 2, 2020, to avoid paying the increased fees:
- Pay upcoming issue fees
- File new applications
If you have any questions or would like to discuss additional actions to take prior to the fee increase, please contact your respective intellectual property lawyer at Miles & Stockbridge.
Opinions and conclusions in this post are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. The author has provided the links referenced above for information purposes only and by doing so, does not adopt or incorporate the contents. Any federal tax advice provided in this communication is not intended or written by the author to be used, and cannot be used by the recipient, for the purpose of avoiding penalties which may be imposed on the recipient by the IRS. Please contact the author if you would like to receive written advice in a format which complies with IRS rules and may be relied upon to avoid penalties.
