The USPTO has published an increase in patent fees, effective  January 16, 2018 in its federal register.   The last time the USPTO issued a fee hike was in March 2013 when the America Invents Act became authoritative.  According to the USPTO, “[t]he fee adjustments are needed to provide the Office with a sufficient amount of aggregate revenue to recover its aggregate cost of patent operations … while maintaining momentum towards achieving strategic goals.”

 

Effective March 19, 2013, the USPTO fee structure has  divided into three categories for non-profit organizations — Micro Entity, Small Entity, and Large Entity. The requirements to qualify for each entity status is further explained below after the fee table.

 

Notably enough, the USPTO decided to reduce the ex-parte appeal fee (than originally planned). According to the register, regarding appeal fees, a commenter had expressed “concern over passing a large portion of the appeal unit costs as increased fee rates borne by an appellant[, and] [t]hus … suggested eliminating, or substantially reducing, the notice of appeal fee. Another commenter questioned whether increasing appeal fees would discourage meritorious appeals, noting that, the reversal rate by the PTAB indicates that a large number of appeals are pursued to correct invalid rejections.” 

 

Based on the comments, the USPTO reduced the fee increase for forwarding an appeal application to the board by $240, $120, and $60 for large, small and micro entities, respectively, instead of the proposed increase of $500, $250, and $125 for each respective entity.

 

Mobile device users may need to view the table in landscape mode.

 

 

USPTO Fee CodeDescriptionMicro Entity
[$]
Small Entity
[$]
Large Entity
[$]
PROVISIONAL (UTILITY) APPLICATIONS
1005/2005/3005Provisional Application Filing Fee70140280
NON-PROVISIONAL (UTILITY) APPLICATIONS
4011Basic Filing Fee—Utility (electronic filing)7575300
1111/2111/3111Utility Search Fee165330660
1311/2311/3311Utility Examination Fee190380760

TOTAL INITIAL UTILITY APPLICATION FILING FEE

430 785 1,720
OTHER UTILITY APPLICATION FEES
1201/2201/3201Independent Claims in Excess of Three (Per Claim)115230460
1202/2202/3202Claims in Excess of 20 (Per Claim)2550100
1203/2203/3203Multiple Dependent Claim (Per Claim)205410820
1051/2051/3051Surcharge—Late Filing Fee, Search Fee, Examination Fee, Inventor's Oath or Declaration, or Application Filed Without at Least One Claim or by Reference4080160
1801/2801/3801Request for Continuation (RCE) - First Request3256501300
1820/2820/3820Request for Continuation (RCE) - Second and Subsequent Request4759501900
DESIGN APPLICATIONS
1012/2012/3012Basic Filing Fee—Design50100200
1112/2112/3112Design Search Fee4080160
1312/2312/3312Design Examination Fee150300600

TOTAL INITIAL DESIGN APPLICATION FILING FEE

240 480 960
OTHER DESIGN APPLICATION FEES
1017/2017/3017Basic Filing Fee—Design (CPA)50100200
APPEAL FEES (Ex parte)
1401/2401/3401Notice of Appeal200400800
1413/2413/3413Forwarding an Appeal in an Application or Ex parte Reexamination Proceeding to the Board56011202240
REISSUE APPLICATIONS
1014/2014/3014Basic Filing Fee—Reissue75150300
1314/2314/3314Reissue Examination Fee5501,1002,200
1114/2114/3114Reissue Search Fee165330660
1204/2204/3204Reissue Independent Claims in Excess of Three (Per Claim)115230460
1205/2205/3205Reissue Claims in Excess of 20 (Per Claim)2550100
1019/2019/3019Basic Filing Fee—Reissue (CPA)75150300

Entity Status Explained:

1. Micro entity status: Entities or inventors that have less than (i) 4 prior patent application (excluding provisional applications or applications assigned to previous employer)  (ii) have a gross income less than 3 times the median household income in the U.S. for the preceding calendar year ( currently at $169,548 per the USPTO) (iii) have not assigned, licensed, or conveyed an interest in the invention to an entity that had a gross income of more than $168,548, and (iv) qualify for small entity (below).

 

2. Small entity status: Entities that have less than 500 employees and have not assigned, licensed, or conveyed an interest in the invention to an entity with more than 500 employees qualify for small entity status. 

 

3. Large entity status: Those who do not qualify for micro or small entity status.

 

Please note, these fees are government fees only and do not include legal fees.