The USPTO has taken another step toward implementing fee adjustments in January 2025, by publishing a Notice of Proposed Rulemaking (RPRM) on April 3, 2024. The NPRM stands by most of the significant fee adjustments it proposed in April 2023, with a few changes made in response to input from the Patent Public Advisory Committee (PPAC). Stakeholders will want to plan ahead for across-the-board fee increases of about 5% and more significant targeted fee adjustments (and new fees) that could impact patent prosecution strategies.
提案された料金調整
Detailed information on the proposed fee adjustments is available on the USPTO’s Fee-Setting web page. There you can find a slide deck that provides an overview of the proposed fee changes (in alphabetical order), as well as documentation supporting the proposals.
以下の概要は、割引前（大企業向け）料金を記載したものです。
大幅に高い料金
著しく高い料金の例としては以下が挙げられる：
- 意匠特許の出願料、検索料、審査料、発行料の合計額は約48％増加する
- Excess claim fees will double to US$200 for each claim over 20 and increase 25% to US$600 for each independent claim over three.
- RCEの料金は値上げされ、3回目以降のRCEには新たな高額料金体系が適用されます。
- 1st RCE: US$1,500 (+10% over current fee)2nd RCE: US$2,500 (+25% over current fee)
- 3rd RCE: US$3,600 (+80% over current fee)
- The fee for a Request for Reconsideration of the USPTO’s Patent Term Adjustment calculation will increase 43% from US$210 to US$300
- The fee for a Patent Term Extension application (e.g., based on FDA review of a regulated product) will increase 468% from US$1,180 to US$6,700
費用回収を目的とした新たな料金
- After Final Consideration Pilot Program Request: US$500
- Petitions associated with unintentional delay of > 2 years: US$3,000
申請者の行動を変える可能性のある新たな手数料
- Continuing Application Surcharge, filed ≥ 5 years after earliest benefit date: US$2,200
- Continuing Application Surcharge, filed ≥ 8 years after earliest benefit date: US$3,500
The NPRM defines “earliest benefit date” as the earliest priority date claimed under 35 USC § 120, 121, 365(c) or 386(c), and 37 CFR § 1.78(d), also known as the “patent term filing date” (e.g., the date from which the 20-year patent term is calculated), and not including priority claims to provisional applications. The NPRM expressly includes divisional applications in the category of “continuing” applications that could be encompassed by these fees.
- 引用文献の累積数に基づくIDS料金の段階的増加：
- > 50 items: US$200> 100 items: US$300
- 200点：300米ドル
- ターミナル免責事項の提出時期に基づく免責事項手数料の段階的引き上げ：
- Before a first Office Action on the merits: US$200
- Before a final Office Action: US$500
- After a final Office Action or Allowance: US$800
- On or after filing a Notice of Appeal: US$1,100
- After patent grant: US$1,400
PTAB審理費用
- PTAB審理の申立手数料は約25％増加する
- There will be a new US$440 fee for a Request for Director review of a PTAB decision
Did the USPTO Take Any of PPAC’s Advice?
The NPRM addresses PPAC’s comments on the proposed fee adjustments, but the USPTO maintained most of the fee increases PPAC objected to. It dropped the proposal to impose a nominal fee for recording an assignment submitted electronically, stated that it is withdrawing the proposal to permit additional words in an inter partes or post-grant petition for a fee, and adjusted the timing of the continuing application surcharges (originally proposed to take effect at > 3 years and > 7 years), but otherwise responded by providing more justification for the original proposals. With that history in mind, it is not clear whether stakeholder comments could have any impact on the final schedule, but the USPTO is obligated by law to consider written comments properly submitted through the Federal eRulemaking Portal by June 3, 2024.
