Consistent with its previous fee study authorized by Congress in 2022, the U.S. Patent and Trademark Office (USPTO) is increasing patent fees on a long list of categories. The study culminated in an official proposed fee schedule published in the Federal Register.
The USPTO anticipates a gradual increase in the number of patent applications filed between, FY2025 through FY2029, between 1.0% and 2.1%.
One category of increases focus on the quality of continuing applications, and the shifting policy to discourage later-filed continuation applications merely for the purpose of extending patent term of a family of patents. For example, the new fee for filing a continuation application five to eight years after the priority date of the parent application would be for large entity/small entity/micro entity, in order, $2200/$880/$440. However, filing a continuation application eight years or later after the priority date of the parent application would cost $3500/$1400/$700. These fees would apply to utility or plant applications; design applications would not be subject to his new fee scheme.
Speaking of design patent applications, major fee increases are set to go into effect. New applications will now cost $300, up from $220, for large entities, for the basic fee. For small/micro entities, the new basic fee will be $120/$60. Design search fees hike up 88%, while design issue fees are set to go up a hefty 76% across all entity rates, and international application (i.e., Hague application) designation fee set to increase 27%.
The new fee schedule takes effect on January 19, 2025. For more information on the patent process, please contact Yonaxis I.P. Law Group.