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 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. 

Latest patent fee setting information

Setting and Adjusting Patent Fees during Fiscal Year 2020 Notice of Proposed Rulemaking and Supplemental Materials

On July 31, 2019, the United States Patent and Trademark Office (Office or USPTO) issued a notice of proposed rulemaking (NPRM) to set or increase certain patent fees as authorized by the AIA, as amended by the SUCCESS Act. The proposed fee adjustments are needed to provide the Office with a sufficient amount of aggregate revenue to recover the aggregate cost of patent operations in future years (based on current projections) and to allow the Office to continue progress towards achieving strategic goals. The supplemental materials in support of the NPRM are below.

The preferred method for submitting comments on the patent proposal is email addressed to fee.setting@uspto.gov. Comments are preferred to be submitted in plain text, but also may be submitted in portable document format (PDF) or a word processing format. Because comments will be made available for public inspection, information that the submitter does not desire to make public, such as an address or phone number, should not be included in the comments. Comments on the fee proposal are due by September 30, 2019.

84 FR 37398 Notice of Proposed Rulemaking – Setting and Adjusting Patent Fees during Fiscal Year 2020

Regulatory Impact Analysis

Patent Fee Proposal, Notice of Proposed Rulemaking: At-a-Glance

Table of Patent Fee Adjustments (NPRM)

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

Activity Based Information and Patent Fee Unit Expense Methodology

USPTO Fee Unit Expense Calculation Detail

Description of Elasticity Estimates

Initial Regulatory Flexibility Act Tables

Aggregate Revenue Estimating Methodology

Aggregate Revenue Tables

NPRM Public Comments

Patent Fee Setting and Adjusting Proposal to PPAC 

On August 8, 2018, 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.

2018-16432 - 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 Hearing Video

PPAC Hearing Transcript

PPAC Public Comments

PPAC Public Hearing - USPTO Presentation   

Latest trademark fee setting information

Trademark Fee Setting and Adjusting Proposal to TPAC

On August 29, 2019, 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.

The preferred method for submitting written comments on the trademark proposal is email addressed to TMFRNotices@uspto.gov. Comments are preferred to be submitted in plain text, but also may be submitted in portable document format (PDF) or a word processing format. Because comments will be made available for public inspection, information that the submitter does not desire to make public, such as an address or phone number, should not be included in the comments. Comments on the fee proposal are due by September 30, 2019.

2019-18655 - Notice of Public Hearing - TPAC

Letter to the Director to TPAC

Table of Trademark Fee Adjustments

Table of Trademark Fees – Current, Proposed and Unit Cost

TPAC Executive Summary

TPAC Detailed Appendix  

TPAC Public Comments

Previous fee setting information