USPTO Addresses Reports of New Patent Fee Structure

In a recent webinar hosted by the Licensing Executives Society, U.S. Patent and Trademark Office acting Director Coke Morgan Stewart addressed speculation that the Trump administration may introduce a value-based fee on patents. The proposal, reportedly under consideration by Commerce Secretary Howard Lutnick, could involve charging patent holders 1% to 5% of their patent’s value, potentially generating tens of billions in revenue.

While Stewart did not confirm the plan, she acknowledged Lutnick’s public concerns about the disparity between the low cost of obtaining a patent—typically around $2,000—and the potentially immense value it can represent for companies. Lutnick believes this disconnect warrants reevaluation of the current fee structure.

Despite the speculation, Stewart urged stakeholders not to focus too heavily on recent reports about specific fee models. She emphasized Lutnick’s interest in engaging with the intellectual property community to explore ways to modernize and strengthen the U.S. patent system. His goal, according to Stewart, is to ensure a reliable and forward-looking IP framework that reflects the true value of innovation.

[Lutnick] feels that there is a disconnect between paying $2,000 to the U.S. government for an invention that could be worth, for that company, hundreds of millions, or billions, of dollars.

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