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.
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 28, 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.
2019-18655 - 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 Executive Summary
TPAC Detailed Appendix
TPAC Public Comments
TPAC Hearing Agenda
TPAC Public Hearing - Presentation
TPAC Hearing Video
TPAC Hearing Transcript
TPAC Fee Setting Report
Previous fee setting information