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 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

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