26Aug 2019
Silvia Salvadori - USPTO Proposes Numerous Fee Increases Across the Board

The United States Patent and Trademark Office (USPTO) has proposed to modify the fees associated with all aspects of patent filing and maintenance. The proposal includes an increase — by about 25% — of the petition fees and institution fees for all post-grant proceedings. 

Post-Grant Proceeding Fee Increases

The total fees due will bring the total costs to:

  • $40,000+ for an Inter Partes Review (IPR); and
  • $50,000+ for Post Grant Review (PGR) or Covered Business Method (CBM).
  • A petition challenging more than 20 claims will increase by approximately 25%
  • Non-registered patent attorney admitted to practice before the PTAB will have to pay a new $250 “pro hac vice” fee.  

Issue Fee Increases 

  • Issue fees will increase to $1,200; 
  • the 3.5 year maintenance fees will increase to $2,000;
  • the surcharge will increase to $500.

These are the applicable large entity fees.  Small entity fees will be 50% of the above.

Other Fee Increases

  • The fee for requesting  expedited examination of a design application will increase to $2,000 for a large entity. 
  • If a utility application is not filed in DOCX format, the USPTO will issue a new charge of $400.

This slide deck (USPTO.gov) explains the proposal in further detail. Please note that written comments regarding these fee increases are due to the USPTO by September 30, 2019.

These increases have been justified to enhance the quality and timeliness of patent prosecution.  Another reason why the USPTO proposed these fee increases is to replenish the USPTO coffers, since patent application filings had decreased, perhaps due to the difficulties generated by the recent U.S. Supreme Court on subject matter eligibility?

Silvia Salvadori, PhD

Silvia Salvadori, PhD