Mobile device users may need to view the table in landscape mode. To learn more about large, small, and micro entity status, please read our post regarding USPTO entity status.

Patent Fee TypeLarge EntitySmall EntityMicro Entity
Initial Filing Fees
Provisional Application Filing Fee$280$140$70
Utility (Non-Provisional) Application Filing Fee $1,720$785$430
Design Application Filing Fee$960$480$240
Other Fees, if Applicable
Late Submission of Initial Fee or Declaration$160$80$40
Independent Claims in Excess of 3 (per claim)$460$230$115
Total Claims in Excess of 20 (per claim)$100$50$25
Track 1 (Prioritized) Examination$4,140$2,070$1,035
Unintentional Abandonment$2,000$1,000$500
RCE Fees
First Request for Continued Examination$1,300$650$325
Subsequent Request for Continued Examination$1,900$950$475
Extension of Time Fees
One Month Extension$200$100$50
Two Month Extension$600$300$150
Three Month Extension$1,400$700$350
Patent Appeal Fees (Ex parte)
Notice of Appeal$200$400$800
Forwarding an Appeal in an Application or Ex parte Reexamination Proceeding to the Board$560$1,120$2,240
Request for Oral Hearing$325$650$1,300
Patent Issue Fees
Utility Issue Fee$1,000$500$250
Design Issue Fee$700$350$175
Patent Maintenance Fees
Due at 3 Years After Issue (1st)$1,600$800$400
Due at 7 Years After Issue (2nd)$3,600$1,800$900
Due at 11 Years After Issue (3rd)$7,400$3,700$1,850

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

 

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.”


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Other comments: 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.

 

 

 

 

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