16Nov 2016

The USPTO has sent a proposed Fee Structure Change to take effect on October 1, 2017. Comments from the public are accepted until December 2, 2016. Below, I have provided the following tables which show the changes compared to the actual costs: Basic Filing, Search, Examination and Issue Fees (Utility).

Fee Current Large Entity Fee Rate Proposed Large Entity Fee Rate
Utility Filing Fee $280 $300
Utility Search Fee $600 $660
Utility Examination Fee $720 $760
Utility Issue Fee $960 $1,000
Total $2,560 $2,720

Basic Filing, Search, Examination and Issue Fees (Design)

Fee Current Large Entity Fee Rate Proposed Large Entity Fee Rate
Design Filing Fee $180 $200
Design Search Fee $120 $160
Design Examination Fee $460 $600
Design Issue Fee $560 $800
Total $1,320 $1,760

Excess Claims

Fee Current Large Entity Fee Rate Proposed Large Entity Fee Rate
Each Independent Claim in Excess of Three $420 $460
Each Claim in Excess of 20 $80 $100
Multiple Dependent Claim $780 $820

Information Disclosure Statements (IDS)

Fee Current Large Entity Fee Rate Proposed Large Entity Fee Rate
Submission of an Information Disclosure Statement after First Action on the Merits (FAOM), before Notice of Allowance $180 $240

Request for Continued Examination (RCE)

Fee Current Large Entity Fee Rate Proposed Large Entity Fee Rate
Request for Continued Examination (RCE) – 1st Request (see 37 CFR 1.114) $1,200 $1,300
Request for Continued Examination (RCE) – 2nd and Subsequent Request (see 37 CFR 1.114) $1,700 $1,900

Appeals

Fee Current Large Entity Fee Rate Proposed Large Entity Fee Rate
Notice of Appeal $800 $1,000
Forwarding an Appeal in an Application or Ex Parte Reexamination Proceeding to the Board $2,000 $2,500

Post-grant Proceedings

Fee Current Fee Rate Proposed Fee Rate
Inter Partes Review Request Fee – Up to 20 Claims $9,000 $14,000
Inter Partes Review Post-Institution Fee – Up to 15 Claims $14,000 $16,500
Post-Grant or Covered Business Method Review Request Fee – Up to 20 Claims $12,000 $16,000
Post-Grant or Covered Business Method Review Post-Institution Fee – Up to 15 Claims $18,000 $22,000

Mega Sequence Submissions

Fee Proposed Large Entity Fee Rate
Submission of sequence listings of 300MB to 800MB $1,000
Submission of sequence listings of more than 800 MB $10,000

Late Filing of Sequence Listings in an International Application

Fee Proposed Large Entity Fee Rate
Late Filing of Sequence Listing $300

Streamlined Re-examinations

Fee  Proposed Large Entity Fee Rate
Ex Parte Reexamination (§1.510(a)) Streamlined $6,000

Hague Agreement Fees

Fee Proposed Large Entity Fee Rate
Hague International Design Application Fees – Transmittal Fee $120

Discontinued Fees

Fee Current Fee Rates
Self-Service Copy Charge, per Page $0.25
Establish Deposit Account $10
Uncertified Statement Re Status of Maintenance Fee Payments $10
Copy of Patent-Related File Wrapper Contents That Were Submitted and are Stored on Compact Disk or Other Electronic Form (e.g., Compact Disks Stored in Artifact Folder), Other Than as Available in 1.19(b)(1); First Physical Electronic Medium in a Single Order $55
Additional Fee for Each Continuing Copy of Patent-Related File Wrapper Contents as Specified in 1.19(b)(2)(i)(A) $15
Copy of Patent-Related File Wrapper Contents That Were Submitted and are Stored on Compact Disk, or Other Electronic Form, Other Than as Available in 1.19(b)(1); if Provided Electronically Other Than on a Physical Electronic Medium, per Order $55
Petitions for documents in form other than that provided by this part, or in form other than that generally provided by Director, to be decided in accordance with merits. At cost

Please contact me with questions or comments regarding this.   Silvia Salvadori, PhD Silvia Salvadori, PhD www.salvadorilaw.com silvia@salvadorilaw.com (212) 897-1938