IP Hot Topic: USPTO Issues Final Rule Increasing Front-End Filing Fees

In addition to Continuation and Information Disclosure Statement (IDS) fee changes, the United States Patent & Trademark Office’s (USPTO) published final rule also increases front-end filing fees.

Beginning January 19, 2025, all patent fees at the USPTO will increase by 7.5%. However, this increase does not affect targeted adjustments already specified in the final rule, such as IDS fees. The USPTO justified the increase by citing rising inflation and increased operating costs relative to nonlabor activities. The USPTO expects that the 7.5% increase and the targeted adjustments will account for the rise in inflation since the last fee increase in October 2020.

The final rule also includes certain front-end filing fee increases. For example, the final rule indicates that filing, search, and examination fees—not covered by targeted adjustments—will increase by 2.5% in addition to the 7.5% increase mentioned above. Thus, as of January 19, 2025, filing, search, and examination fees will increase by a total of 10%. The final rule also includes fee adjustments for requests for continued examination (RCE) filings. Notably, first RCE filing fees will increase by 10%, and second RCE filing fees will increase by 43%. For example, an undiscounted entity filing a first RCE will pay $1500 (instead of $1360) and will pay $2860 (instead of $2000) for a second RCE.

The final rule also updates the fees for excess claims. Applicants will pay 25% more for each independent claim in excess of 3, totaling $600 per independent claim, as opposed to the current cost of $480 per independent claim for undiscounted entities. Additionally, for each claim in excess of 20, applicants will pay $200, doubling the previous fee of $100 for each excess claim for undiscounted entities.

In view of the above, applicants should be aware of the upcoming fee increases and plan accordingly when preparing and prosecuting patent applications.

Read the final rule: https://www.federalregister.gov/documents/2024/11/20/2024-26821/setting-and-adjusting-patent-fees-during-fiscal-year-2025.