The United States Patent and Trademark Office (USPTO) has confirmed significant increases in patent and trademark fees, which will take effect on January 19, 2025, and January 18, 2025, respectively. These changes reflect the USPTO’s ongoing efforts to align fees with the true cost of services, improve operational efficiency, and support innovation within the U.S. intellectual property (IP) system.
As part of its regular fee review process, the USPTO aims to ensure that its fee structures align with its strategic objectives, which include promoting innovation, supporting fair and effective administration of the U.S. patent system, and offering a broad range of application processing options. The fee adjustments come in response to increased processing costs and a commitment to maintaining high-quality services for IP stakeholders.
Key Fee Increases and Changes for Patents:
Utility Patent Filing Fees
The USPTO will impose a 10% increase in filing, examination, and search fees for utility patents. This increase will directly impact the costs associated with submitting and processing new patent applications.
Excess Claims Fees
Applicants with more than three independent claims or more than 20 total claims will face significantly higher fees. The 25% fee increase for each independent claim beyond three and the 100% fee increase for each claim above 20 could significantly raise costs for applicants with large or complex patent portfolios.
Request for Continued Examination (RCE) Fees
RCEs, which allow applicants to request continued examination after an initial rejection, will see a 10% increase for the first instance and a 43% increase for second and subsequent instances. This increase is likely to affect applicants involved in extended patent prosecution processes.
New Fees for Continuing Applications
Starting in 2025, applicants filing continuing patent applications after six years from the earliest priority date will incur new fees: $2,700 for large entities and $1,080 for small entities. If filed after nine years, the fees increase to $4,000 for large entities and $1,600 for small entities.
Information Disclosure Statement (IDS) Fees
The USPTO will introduce new fees for filing IDSs with a high number of references. For example, filings with 51–100 references will incur a $200 fee, and filings with more than 200 references will incur an $800 fee.
Design Patent Filing Fees
The USPTO will increase fees for design patent filings by 50%, which may impact those filing design patent applications in areas such as fashion, automotive, and industrial designs.
Patent Term Extension Fees
Patent term extension (PTE) application fees will see sharp increases: 112% for PTE applications, 200% for initial interim extension applications, and 196% for subsequent interim extension applications.
Changes to Trademark Filing Fees:
Increased Filing Fees
The filing fee for trademark applications will rise by $350 per class, marking a 40% increase from the TEAS Plus filing fee. Applicants using free-form text boxes will face an additional $200 fee per class.
Additional Fees for File Completeness and Character Limits
A $100 fee will be introduced for filings with insufficient information, and a $100 fee will apply for each additional group of 1,000 characters exceeding the initial 1,000 characters.
Maintenance Fees
Trademark maintenance fees will also rise, with increases ranging from 8% to 44% for various declarations, including Section 8, 9, 15, and 71, bringing these fees to $325 per class for Section 8 and 9 declarations, and $250 per class for Section 15 declarations.
WIPO Filing Fees
For international filings through the World Intellectual Property Organization (WIPO), the USPTO will implement a 20% fee increase, bringing the fee to $600 per class.
Strategic Considerations for Applicants
Given the significant fee changes across both patents and trademarks, applicants are advised to review their IP portfolios and filing strategies to take advantage of current fee structures before the fee hikes go into effect in January 2025. Key areas where applicants should focus include:
Patent Filings with Multiple Claims: If you are planning to file a patent with numerous independent claims or large claim sets, consider filing before January 19, 2025, to avoid steep increases.
Information Disclosure Statements (IDS): Applications with large numbers of references should be filed before the new IDS fees apply, especially if the document count exceeds 50 references.
Continuation Applications: Those planning continuation applications with priority dates over six or nine years in the future should file before the fee increases kick in to minimize costs.
Trademark Applicants: If you are preparing to file or amend trademark applications, consider doing so before the increases for free-form text boxes, additional characters, and other filing elements take effect.
Applicants are encouraged to work closely with their IP attorneys to ensure that they are in compliance with the new fee structures and to take proactive steps to manage their IP budgets effectively.
Conclusion
The upcoming fee increases announced by the USPTO will impact both patent and trademark applicants in various ways. While many of the increases are relatively modest, applicants with complex or high-volume filings should plan ahead to minimize costs. By adjusting their filing strategies in advance, IP stakeholders can ensure continued protection of their innovations while navigating the evolving USPTO fee landscape.
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