USPTO Fee Patent Fee Increase

USPTO Fee Patent Fee Increase from January 19, 2025

December 3, 2024

The United States Patent and Trademark Office (“USPTO”) has announced significant upcoming fee increases, which will take effect for patents on January 19, 2025. With the new fees just weeks away, now is an ideal time to act if, for example, you are planning to apply for a patent, including continuation or divisional applications, or planning to file an RCE. Proceeding before the fee increases will save on costs.

Please note that the After Final Consideration Pilot Program 2.0 (AFCP 2.0) will expire on December 14, 2024, and it will not be renewed. This helpful tool to avoid RCEs will be taken away, while at the same time large increases are made to RCE fees.

The updated fee schedule includes new (additional) fees affecting continuation practice. Specifically, an applicant must now pay an additional filing fee of $2,700 (undiscounted) if a continuing application is filed more than six years after the earliest benefit date to which the continuing application claims priority. This fee increases to $4,000 (undiscounted) for any continuation application that claims priority benefit more than nine years after the earliest benefit date. As such, patent portfolio management will become more expensive where applicants wish to have an application pending long term in a family.

The following fees reflect the standard (undiscounted) amounts. The USPTO offers a 60% fee reduction for small entities and an 80% reduction for micro entities on most fees. If you believe you qualify for these discounts, consult your attorney to confirm how they apply to your patent applications.

Basic utility patent life cycle fees	Current	New
Filing	$320	$350
Search	$700	$770
Examination	$800	$880
Issue	$1200	$1290
1^st stage maintenance	$2000	$2150
2^nd stage maintenance	$3760	$4040
3^rd stage maintenance	$7700	$8280
NPRM to final rule	Current	New
Consideration of AFCP 2.0 request	n/a	Removed
Filing an application for patent term adjustment	$210	$226
Terminal disclaimers	$170	$183
Continuing applications	Current	New
Filing an application or presentation of benefit claim more than six years after earliest benefit date	n/a	$2700
Filing an application or presentation of benefit claim more than nine years after earliest benefit date	n/a	$4000
RCE	Current	New
Request for continued examination (RCE) – third and subsequent request	$2000	Removed
Request for continued examination (RCE) ‒ first request	$1360	$1500
Request for continued examination (RCE) – second and subsequent request	$2000	$2860
Across-the-board adjustment	Varies	Varies
Design application	Current	New
Basic filing fee – Design	$220	$300
Basic filing fee – Design CPA	$220	$300
Design search fee or Design CPA search fee	$160	$300
Design examination fee or Design CPA examination fee	$640	$700
Design issue fee	$740	$1300
International design application first part U.S. designation fee	$1020	$1300
(Part II Designation Fee) Issue fee paid through the International Bureau in an international design application	$740	$1300
Excess claims	Current	New
Each claim in excess of 20	$100	$200
Each independent claim in excess of three	$480	$600
Extension of time (EOT) for provisional applications	Current	New
Extension for response within first month, provisional application	$220	$50
Extension for response within second month, provisional application	$640	$100
Extension for response within third month, provisional application	$1480	$200
Extension for response within fourth month, provisional application	$2320	$400
Extension for response within fifth month, provisional application	$3160	$800
IDS	Current	New
Filing an information disclosure statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 50 but not exceed 100	n/a	$200
Filing an information disclosure statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 100 but not exceed 200	n/a	$500, less any amount previously paid
Filing an information disclosure statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 200	n/a	$800, less any amounts previously paid
Patent term extension (PTE)	Current	New
Application for extension of term of patent	$1180	$2500
Initial application for interim extension	$440	$1320
Subsequent application for interim extension	$230	$680
Supplemental redetermination after notice of final determination	n/a	$1440
Suspension of action	Current	New
First request for suspension of action	$220	$300
Subsequent request for suspension of action	$220	$450
Unintentional delay petitions	Current	New
Unintentional delay less than or equal to two years	$2100	$2260
Unintentional delay greater than two years	$2100	$3000
AIA trial fees	Current	New
Inter partes review request fee ‒ up to 20 claims	$190000	$23750
Inter partes review post-institution fee ‒ up to 20 claims	$22500	$28125
Inter partes review request of each claim in excess of 20	$375	$470
Inter partes post-institution request of each claim in excess of 20	$750	$940
Post-grant or covered business method review request fee ‒ up to 20 claims	$20000	$25000
Post-grant or covered business method review post-institution fee ‒ up to 20 claims	$27500	$34375
Post-grant or covered business method review request of each claim in excess of 20	$475	$595
Post-grant or covered business method review post-institution request of each claim in excess of 20	$1050	$1315
Request for review of a PTAB decision by the Director	n/a	$452