Fee Setting and Adjusting

As part of the USPTO’s continued commitment to fiscal responsibility, financial prudence and operational efficiency the agency reviews fee levels on at least a biennial basis.  The fee review process incorporates a thorough evaluation of the existing fee schedule as well as significant research and analysis on potential revisions to the schedule. 

Section 10 of the AIA authorizes the Director of the USPTO to set or adjust by rule all patent and trademark fees established, authorized, or charged under Title 35 of the U.S. Code and the Trademark Act of 1946 (15 U.S.C. § 1051 et seq.), respectively. When fees are set, the aggregate revenue from the patent fees may only recover the aggregate estimated cost of the patent operations, including administrative costs to the USPTO. Likewise, the aggregate revenue from the trademark fees may only recover the aggregate estimated cost of the trademark operations, also including administrative costs to the USPTO.

When the USPTO proposes to set or adjust fees for "filing, searching, examining, issuing, appealing, and maintaining patent applications and patents" as permitted by the AIA, those proposed fees will include a 50% reduction for small entities and a 75% reduction for micro entities as provided for in section 10(b) of the AIA. The applicants qualifying for a small entity discount (50%) will be those who meet the "small entity" definition in 35 U.S.C. § 41(h)(1). The applicants qualifying for a micro entity discount (75%) will be those who meet "micro entity" definition outlined in Section 11(g) of the AIA.

The AIA outlines the process that the USPTO will use when setting or adjusting fees by rule. This process is intended to be inclusive with two different points in time for the public to comment on proposed fee amounts.  

Trademark Fee Setting and Adjusting Notice of Proposed Rulemaking and Supplemental Materials

On May 27, 2016, the United States Patent and Trademark Office (Office or USPTO) issued a notice of proposed rulemaking (NPRM) to set or increase certain trademark fees, as authorized by the AIA.  The proposed fees will allow the Office to recover the aggregate estimated cost of Trademark and Trademark Trial and Appeal Board (TTAB) operations and USPTO administrative services that support Trademark operations.  The supplemental materials in support of the NPRM are below.

Comments on 81 FR 33619 – Trademark Fee Adjustment (Comment Period closed July 11, 2016)

81 FR 33619 – Notice of Proposed Rulemaking – Trademark Fee Adjustment

Table of Trademark Fees – Current, Proposed and Unit Cost (NPRM)

USPTO Fee Setting – Activity Based Information and Trademark Fee Unit Expense Methodology

Initial Regulatory Flexibility Act Tables

USPTO Trademark Fee Adjustment – Aggregate Revenue Estimating Methodology

Aggregate Revenue Table - Proposed Fees [Excel | PDF]

Aggregate Revenue Table - Alternative 1 – No Change [Excel | PDF]

Aggregate Revenue Table - Alternative 2 – Consumer Price Index (CPI) Increase [Excel | PDF]

Aggregate Revenue Table - Alternative 3 - Individual Cost Recovery [Excel | PDF]

Aggregate Revenue Table - Alternative 4 - Original Proposal to TPAC [Excel | PDF]

 

Trademark Fee Setting and Adjusting Proposal to TPAC

On October 14, 2015, the Director of the USPTO notified the Trademark Public Advisory Committee (TPAC) of the Office’s intent to set or adjust trademark fees and submitted a preliminary trademark fee proposal with supporting materials.  The preliminary trademark fee proposal and associated materials are below.

80 FR 63542 - Notice of Public Hearing - TPAC

Letter from the Director to TPAC

Table of Trademark Fee Adjustments

Table of Trademark Fees - Current, Proposed and Unit Cost (TPAC proposal)

TPAC Executive Summary

TPAC Detailed Appendix

TPAC Hearing Agenda

TPAC Hearing Transcript

Public Comments from the November 3, 2015 TPAC Hearing

TPAC Fee Setting Final Report (November 30, 2015)

Patent Fee Setting and Adjusting Proposal

80 FR 63543 - Notice of Public Hearing - PPAC

Letter from the Director to PPAC

Table of Patent Fee Adjustments

Table of Patent Fees – Current, Proposed and Unit Cost

PPAC Executive Summary

PPAC Detailed Appendix

PPAC Hearing Agenda

PPAC Public Hearing - USPTO Presentation

Public Comments from the November 19, 2015 PPAC Hearing