Fee Setting and Adjusting

85 FR 37040 Notice of Proposed Rulemaking – Trademark Fee Adjustment

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:

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

2019-18655 - Notice of Public Hearing - TPAC

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.

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

Patent fee setting effort with October 2, 2020 effective date

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

Table of Patent Fee Adjustments (Final Rule)

Final Rule: At-a-Glance

Table of Patent Fees – Current, Final Patent Fee Schedule, and Unit Cost

Activity Based Information and Patent Fee Unit Expense Methodology

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

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.

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

2018-16432 - Notice of Public Hearing - PPAC

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.

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

Patent fee setting effort with January 16, 2018 effective date

Setting and Adjusting Patent Fees during Fiscal Year 2017 Final Rule and Supplemental Materials

On November 14, 2017, 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. The final fee schedule is responsive to stakeholder concerns expressed during the public comment period while still allowing the Office to recover the aggregate estimated cost of Patent and Patent Trial and Appeal Board (PTAB) operations and USPTO administrative services that support Patent operations. The supplemental materials in support of the final rule are below.

82 FR 52780 Final Rule – Setting and Adjusting Patent Fees during Fiscal Year 2017

Table of Patent Fees – Current, Final Rule and Unit Cost

Final Rule: At-a-Glance

Activity Based Information and Patent Fee Unit Expense Methodology

USPTO Fee Unit Expense Calculation Detail

81 FR 68150 Notice of Proposed Rulemaking – Setting and Adjusting Patent Fees during Fiscal Year 2017

Setting and Adjusting Patent Fees during Fiscal Year 2017 Notice of Proposed Rulemaking and Supplemental Materials

On October 3, 2016, 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. The proposed fees will allow the Office to recover the aggregate estimated cost of Patent and Patent Trial and Appeal Board (PTAB) operations and USPTO administrative services that support Patent operations. The supplemental materials in support of the NPRM are below.

Comments on 81 FR 68150 – Setting and Adjusting Patent Fees during Fiscal Year 2017 (Comment Period open through December 2, 2016)

Individuals, Attorneys, Corporations, and Law Firms

Arie Blom (December 1, 2016)
Cassandra Bright (November 16, 2016)
Patricia Bullis (December 1, 2016)
David Easwaran (December 2, 2016)
Jess Epsten (December 2, 2016)
Derek Fahey (October 7, 2016)
Suen-Ying Fung (December 2, 2016)
Mark Greenstein (December 2, 2016)
Dwayne Hans (October 23, 2016)
Robert Hartman (December 1, 2016)
Carlos Jenkins (September 30, 2016)
Victor Kern (November 16, 2016)
Ernst van Knobelsdorff (December 1, 2016)
Martin Nguyen (September 30, 2016)
Jonathan Pedersen (December 2, 2016
Mark Terry (October 10, 2016)
Mike Uchneat (December 2, 2016)
Anne Whealy (December 1, 2016)
Tim Wood (November 18, 2016)

Intellectual Property Organizations and Federal Agencies

American Intellectual Property Law Association (December 2, 2016)
Electronic Frontier Foundation and Public Knowledge (December 2, 2016)
Intellectual Property Owners Association (December 2, 2016)
National Aeronautics and Space Administration (December 2, 2016)
U.S. Chamber’s Global Intellectual Property Center (December 2, 2016)
US Inventor (December 2, 2016)

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

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

Activity Based Information and Patent Fee Unit Expense Methodology

80 FR 63543 - Notice of Public Hearing - PPAC

Patent Fee Setting and Adjusting Proposal to PPAC

On October 27, 2015, the Director of the USPTO notified the Patent Public Advisory Committee (PPAC) of the Office’s intent to set or adjust trademark fees and submitted a preliminary trademark fee proposal with supporting materials. The preliminary patent fee proposal and associated materials are below.

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

Trademark fee setting effort with January 14, 2017 effective date

Trademark Fee Setting and Adjusting Final Rule and Supplemental Materials

On October 21, 2016, the United States Patent and Trademark Office (USPTO) issued a final rule to set or increase certain trademark fees, as authorized by the AIA. The final fee schedule is responsive to stakeholder concerns as expressed during the public comment period while still allowing 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 final rule are below.

81 FR 72694 Final Rule - Trademark Fee Adjustment

Table of Trademark Fees - Current, Final Rule and Unit Cost (NPRM)

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

USPTO Trademark Fee Adjustment - Aggregate Revenue Estimating Methodology

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

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.

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

USPTO Trademark Fee Adjustment – Aggregate Revenue Estimating Methodology