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 Final Rule and Supplemental Materials
On August 3, 2020, the United States Patent and Trademark Office (Office or USPTO) issued a Final Rule to set or increase certain patent fees as authorized by the AIA, as amended by the SUCCESS Act. The 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 toward achieving its strategic goals.
The supplemental materials in support of the Final Rule are below:
Summary of FY 2020 Final Patent Fee Rule
85 FR 46932 Final Rule – Setting and Adjusting Patent Fees during Fiscal Year 2020
Regulatory Impact Analysis
Final Rule: At-a-Glance
Table of Patent Fee Adjustments (Final Rule)
Table of Patent Fees – Current, Final Patent Fee Schedule, and Unit Cost
Activity Based Information and Patent Fee Unit Expense Methodology
Description of Elasticity Estimates
Final Regulatory Flexibility Act Tables
Small Entity Compliance Guide
Aggregate Revenue Estimating Methodology
Aggregate Revenue Tables
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 Adjustment Final Rule and Supplemental Materials
On November 17, 2020, the United States Patent and Trademark Office (Office or USPTO) issued a Final Rule to set or increase certain trademark fees as authorized by the AIA, as amended by the SUCCESS Act. The fee adjustments are needed to provide the Office with a sufficient amount of aggregate revenue to recover the aggregate cost of trademark operations in future years (based on current projections) and to allow the Office to continue progress toward achieving its strategic goals.
The supplemental materials in support of the Final Rule are below:
Summary of FY 2020 Final Trademark Fee Rule
85 FR 73197 Final Rule – Trademark Fee Adjustment
Final Rule: At-a-Glance
Table of Trademark Fee Adjustments (Final Rule)
Table of Trademark Fees – Current, Final Trademark Fee Schedule, and Unit Cost
Activity Based Information and Trademark Fee Unit Expense Methodology
Final Regulatory Flexibility Act Tables
Aggregate Revenue Estimating Methodology
Aggregate Revenue Tables
Small Entity Compliance Guide
Trademark Fee Setting and Adjusting Notice of Proposed Rulemaking and Supplemental Materials
On June 19, 2020, 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, 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 Trademark and Trademark Trial and Appeal Board (TTAB) operations in future years (based on current projections) and to allow the Office to continue progress towards achieving strategic goals.
The revenue and workload assumptions in this Notice of Proposed Rulemaking (NPRM) are based on the assumptions found in the FY 2021 Congressional Justification. However, projections of aggregate revenues and costs are based on point-in-time estimates and the circumstances surrounding these assumptions can change quickly. Notably, since the FY 2021 Congressional Justification was published, fee collections have been lower than anticipated, in part due to lower than expected application filings as a result of the COVID-19 outbreak, and the assumed implementation date is no longer accessible.
The supplemental materials in support of the NPRM are below:
85 FR 37040 Notice of Proposed Rulemaking – Trademark Fee Adjustment
Trademark Fee Proposal, Notice of Proposed Rulemaking: At-a-Glance
Table of Trademark Fee Adjustments (NPRM)
Table of Trademark Fees – Current, Proposed and Unit Cost (NPRM)
Activity Based Information and Trademark Fee Unit Expense Methodology
Initial Regulatory Flexibility Act Tables
Aggregate Revenue Estimating Methodology
Aggregate Revenue Tables
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
