USPTO Fee Increases Effective January 2025

In an effort to address current funding shortfalls and secure funds for future operations, the U.S. Patent and Trademark Office (USPTO) has increased its existing fees and introduced several new patent-related fees effective January 19, 2025. The updated fee structure includes across-the-board increases of about 7.5% and other targeted increases to align applicant fees with USPTO costs. That being said, the USPTO did acknowledge that many of the new fees and increases were not only addressing projected shortfalls but were also intended to focus on the following four policy factors: (1) promoting innovation strategies, (2) aligning fees with the full costs of products and services, (3) facilitating effective administration of the U.S. patent system, and (4) offering application processing options.

For a more detailed discussion of the fees, rationales, and public comments, please visit the FederalRegister.Gov website. 

Late Continuation Application Surcharge

One of the most significant changes in the fees is the introduction of a new surcharge for continuation applications filed more than six years ($2,700) after an original filing (called the earliest benefit date or EBD) or more than nine years ($4,000) after the EBD. This new surcharge is in addition to the standard application filing fees, which also increased by 9% - 10%. According to the USPTO, non-continuation applications have increased by about 25% in the period of 2010-2022 and divisional and continuation-in-part applications have remained steady during that period. However, continuation applications saw a 300% increase over the same period. These fees will apply not only to traditional continuation applications but also to all applications claiming priority to a non-provisional application. Estimates put the percentage of continuation applications subject to these new surcharges as high as 20%.

Request for Continued Examination (RCE) Fees

The fee for first RCEs was increased by 10%, whereas second RCE fees saw an increase of 43% (to $2,860 for second and subsequent RCEs). In conjunction with the new surcharge for later continuation applications, strategies for prosecution and filing of new applications require careful assessment of updated costs.

RCE vs. Continuation Cost Structure

Prior to the new increases and surcharges, it cost an undiscounted filer $2,000 to file a second RCE and $1,820 to file a new continuation application, so the cost of filing a second RCE was $180 more than the cost of restarting prosecution with a new continuation application. Under the new fee structure, the cost of filing a second RCE is now $860 more than the cost of restarting with a new continuation application within six years from that application’s EBD. However, after the six-year mark, the cost of filing a second RCE is about $1,800 less than the cost of restarting prosecution with a new continuation application, and the difference becomes even greater after nine years from the EBD when the cost of filing a second RCE becomes about $3,000 less than the cost of a new continuation filing. Thus, applicants will now see a cost-benefit by continuing to prosecute applications pending for six years or more via second (or subsequent) RCEs over filing new continuation applications, whereas the converse is true earlier in prosecution when the new continuation surcharge fees do not apply.

Other Fee Increases to Note

Information Disclosure Statement (IDS) Fees

A new set of fees was introduced for IDS fees that caused the cumulative number of applicant-provided items to exceed certain thresholds (50, 100, and 200 references, respectively). The fees escalate from $200 for totals of 51-100, $500 for totals of 101-200, and $800 for totals above 200 total references (the amounts are less any previously paid reference total fees). This new fee is separate from fees required to submit an IDS after certain examination events. Further, every IDS will now require a written statement called an IDS size fee assertion, which has been added to the USPTO’s IDS form. It is up to the applicant to track the number of references that have been cited.

Excess Claims Fees

A 25% increase was introduced for independent claims over three (from $480 to $600 for each such claim) and a 100% increase for claims above 20 (to a new value of $200/claim). Cost-conscious filers may want to reassess their claim strategy if total claims approach 30 as excess claims fees now challenge the total cost of a parallel filing.

Unintentional Delay

The fee for an unintentional delay petition was increased by 8% for delays within two years and increased by 43% (to $3,000) for delays of more than two years. These fees were previously the same amount. The Office cited the increased evidentiary requirement (and corresponding USPTO burden of reviewing the evidence) for the increase in the greater-than-two-year delay fee.

Patent Trial and Appeal Board (PTAB)

A number of Patent Trial and Appeal Board fees were increased by 25%, and a new fee ($452) was instituted for requesting a director review of a PTAB decision.

Design Patent Fees

Many design patent fees were increased by 25% or more. For instance, design patent application filing fees saw an increase of 36% and design patent issue fees increased by 76%.

Patent Term Extension

Fees for applying for a patent term extension increased by 112% to 200%, with a new fee of $1,440 for “Supplemental Redetermination After Notice of Final Determination.” The USPTO cited an increased demand for this service and the increasing complexity of review for the fee increase.

The USPTO also released several Quick Reference Guides regarding the fee changes in the Patents Fee Final Rule:

1. General Quick Reference Guide – addresses general questions and also includes several weekend/holiday scenarios that may arise.
2. Continuing Application Fee (CAF) Quick Reference Guide – addresses issues such as how to determine if a CAF is due, what is an “Earliest Benefit Date,” what happens if applicants don’t pay the CAF, and application of the fee to reissue applications as well as examples.
3. Information Disclosure Statement (IDS) Size Fee Quick Reference Guide – addresses the new requirements for the IDS size fee and size fee assertion, how applicants/patent owners should count references, and what happens if the fee isn’t paid as well as examples.