Resources

USPTO Fee Adjustment - March 19, 2013

2/15/2013

The United States Patent and Trademark Office (PTO), on January 18, 2013, announced its final rules for setting and adjusting patent fees. Most of the new patent fees will change on March 19, 2013, and certain fee changes take effect on January 1, 2014. The attached chart shows the current PTO fees typically paid in most patent applications along with the corresponding adjusted fees that will go into effect on March 19, 2013 or January 1, 2014.  The PTO's new fee schedule that takes effect March 19, 2013, and the final rule which includes several tables that compare the current and new amounts for all the adjusted fees, can be found on the PTO's website.

 

The PTO has adjusted most of its fees, and most of those fees will increase. For example, the total filing fee for filing a utility patent application (e.g, the basic filing fee, search fee and examination fee) increases almost 27%, from $1260 to $1600. Other common fees, such as fees for excess claims, request for continued examination (RCE) fees, extension of time fees, and maintenance fees, increase on March 19, 2013.

 

Because many new applications and responses are expected to be filed just before the fee increase takes effect, we suggest clients file applications and responses that require a government fee as soon as possible before the March 19, 2013 effective date.

 

 


 

Summary of Basic USPTO Fee Adjustments - Section 10 AIA

(Large Entity)

 

 

Current fees until 3/19/2013

(USD)

Final fees on or after 3/19/2013

(USD)

Total Basic Utility Filing Fees

1260

1600

Total Design Application Filing Fees

530

760

Total Reissue Application Fees

1770

3040

 

 

 

Utility Appln exceeding 100 pages Surcharge (per 50 pages)

320

400

Independent claims (over 3)

250

420

Excess claims (over 20)

62

80

Multiple dependent claim

460

780

Correct inventorship after first Office Action

NEW

600

Derivation Petition Fee

400

400

Request for Prioritized Examination

4800

4000

 

 

 

First RCE

930

1200

Second and Subsequent RCE

930

1700

 

 

 

Notice of Appeal

630

800

Filing Appeal Brief

630

0

Forwarding Fee for Appeal

NEW

2000

 

 

 

Extension Fee (1 month)

150

200

Extension Fee (2 months)

570

600

Extension Fee (3 months)

1290

1400

Extension Fee (4 months)

2010

2200

Extension Fee (5 months)

2730

3000

 

 

 

Maintenance (3.5 years)

1150

1600

Maintenance (7.5 years)

2900

3600

Maintenance (11.5 years)

4810

7400

Late Maintenance Fee Surcharge

150

160

 

 

 

Ex parte Reexam Request

17,750

12,000

Request for Supplemental Examination

5140

4400

Ex parte Reexam resulting from Supplemental Examination

16,120

12,100

Inter partes Review (20 claims)

NEW

9000

Inter partes Review post Institution (15 claims)

NEW

14,000

Post Grant Review - Business Method Review (20 claims)

NEW

12,000

Post Grant Review - Business Method Post Institution (15 claims)

NEW

18,000

 

 

 

Fee if paid before 1/1/2014

(USD)

Fee if paid on or after 1/1/2014

(USD)

Publication Fee

300

0

Utility Issue Fee

1780

960

Design Issue Fee

1020

560

 

 

 

Assignments submitted electronically

40

0

Assignments not submitted electronically

40

40