Final Rule on USPTO Fee Changes

The US Patent and Trademark Office (USPTO) issued a final rule increasing fees effective 19 January 2025.

The new fee rules include across-the-board increases of about 7.5% and other targeted increases intended to secure funds for future USPTO operation costs and address present shortcomings.

These new fee rules involve new fees that were not previously applied and will require special consideration should events trigger the application of these fees, particularly those discussed in more detail below.

Please note:

• All Official fees are in USD for Large Entity or the Undiscounted Fee.
• Small Entity: 60% discount on Large Entity
• Micro Entity: 80% discount on Large Entity

Information Disclosure Statement (IDS) Size Fees

Applicants will pay a fee ranging from $200 to $800 for citing more than 50 references in an application, which fees are in addition to other fees associated with the timing of filing an IDS. The fee structure is based on the total number of references cited, as follows:

Since reference thresholds are cumulative, applicants may exceed these limits through one or multiple IDSs submitted during the prosecution process.

The final rule mandates that IDSs submitted on or after 19 January 2025 include a clear written assertion that they are accompanied by the appropriate fee and identification of the applicable large-IDS fee, or explicitly state that no fee is required. IDSs submitted without this written assertion or the necessary large IDS fee will not be substantively considered.

Continuing Application Fees

Beginning 19 January 2025, entities that do not qualify for discounted fees will be required to pay a one-time fee of at least 2,700 for continuing applications (i.e., continuation, divisional, continuation-in-part) submitted six or more years after their earliest benefit dates (EBDs). This fee will be in addition to the standard filing and examination fees, which will also increase. Furthermore, the surcharge will rise to 4,000 for continuing applications submitted nine or more years after their EBDs.

Additional Observations

• After Final Consideration Pilot Program 2.0 (AFCP 2.0)

The program expired on 14 December 2024 and will no longer be available for Applicants.

• Excess Claims

A nonprovisional application can contain a maximum of 20 claims, with no more than three independent claims, without incurring additional fees. Excess claim fees will apply if it is desired to include more claims beyond the three independent/20 total limits. The excess claim fees also extend to reissue and reexamination applications.

• Request for Continued Examination (RCE)

An RCE, or Request for Continued Examination, is a procedure used in specific situations, such as:

– To reverse the finality of a rejection so that an amendment can be submitted.

– To consider newly cited prior art during certain phases of the examination process.

– To withdraw an application from appeal.

– To reinitiate examination after an application has been allowed.

The fee for filing a first RCE is increased by 10%, while the fee for filing a subsequent RCE rises by 43%.

• Design Applications

The USPTO will increase fees for design patent applications, with variations based on the fees associated with the examination of design applications.

• Unintentional Delay Petitions

These petitions cover various circumstances, including the revival of unintentionally abandoned applications due to failure to respond to an action, delayed payment of maintenance fees, and acceptance of a delayed priority claim. These fees are in addition to any previous petition fees.