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.
拟议费用调整
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.
以下摘要按未折扣（大型实体）费率列出费用。
大幅提高的费用
费用显著提高的例子包括：
- 外观设计专利的申请、检索、审查和授权费用总额将增加约48%。
- 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费用将上涨，第三次及后续RCE申请将适用新的更高收费档位。
- 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
新收费旨在收回成本
- After Final Consideration Pilot Program Request: US$500
- Petitions associated with unintentional delay of > 2 years: US$3,000
可能改变申请者行为的新收费
- 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.
- 根据所引文献的累计数量递增的IDS费用：
- > 50 items: US$200> 100 items: US$300
- 200件商品：300美元
- 根据终端免责声明提交时间递增的费用：
- 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
专利审判与上诉委员会审判费用
- Petition fees for PTAB trials will increase by about 25%
- 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.
