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. 

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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. Section 4 of the SUCCESS Act amended the AIA to extend this authority by an additional 8 years. 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 60% reduction for small entities and a 80% reduction for micro entities as provided for in section 10(b) of the AIA as amended by the Unleashing American Innovators Act of 2022 (UAIA). Prior to enactment of the UAIA on December 29, 2022, the reductions were 50% for small entities and 75% for micro entities. The applicants qualifying for a small entity discount (60%) 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 (80%) will be those who meet the "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. 

Latest patent fee setting information

Patent Fee Setting and Adjusting Proposal to PPAC

On April 20, 2023, the Director of the USPTO notified the Patent Public Advisory Committee (PPAC) of the Office’s intent to set or adjust patent related fees and submitted a preliminary patent fee proposal with supporting materials. The preliminary patent fee proposal and associated materials are below.

88 FR 24392 - Notice of Public Hearing - PPAC

Letter from the Director to PPAC

Table of Proposed Patent Fee Adjustments

Table of Patent Fees – Current, Proposed and Unit Cost

Patent Fee Proposal Executive Summary

Patent Fee Proposal Background Information

PPAC Hearing Agenda

PPAC Public Hearing - USPTO Presentation

PPAC Fee Setting Hearing Event Details

PPAC Fee Setting Report

    Latest trademark fee setting information

    Trademark Fee Setting and Adjusting Proposal to TPAC

    On May 8, 2023, the Director of the USPTO notified the Trademark Public Advisory Committee (TPAC) of the Office’s intent to set or adjust trademark related fees and submitted a preliminary trademark fee proposal with supporting materials. The preliminary trademark fee proposal and associated materials are below.

    88 FR 25623 - Notice of Public Hearing - TPAC

    Letter from the Director to TPAC

    Table of Proposed Trademark Fee Adjustments

    Table of Trademark Fees – Current, Proposed and Unit Cost

    Trademark Fee Proposal Executive Summary

    Trademark Fee Proposal Background Information

    TPAC Fee Setting Hearing Event Details

    TPAC Fee Setting Hearing Agenda

    TPAC Public Hearing - USPTO Presentation

    TPAC Fee Setting Report

    Previous fee setting information