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 60% reduction for small entities and a 80% reduction for micro entities as provided for in section 10(b) of the AIA as amended by the Unleashing American Innovators Act of 2022 (UAIA). Prior to enactment of the UAIA on December 29, 2022, the reductions were 50% for small entities and 75% for micro entities. The applicants qualifying for a small entity discount (60%) 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 (80%) will be those who meet the "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 2025 Notice of Proposed Rulemaking and Supplemental Materials
On April 3, 2024, 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.
89 FR 23226 Notice of Proposed Rulemaking – Setting and Adjusting Patent Fees during Fiscal Year 2025
Regulatory Impact Analysis
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
Initial Regulatory Flexibility Act Tables
Aggregate Revenue Estimating Methodology
Aggregate Revenue Tables
Patent Fee Setting and Adjusting Proposal to PPAC
On April 20, 2023, 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.
88 FR 24392 - Notice of Public Hearing - PPAC
Letter from the Director to PPAC
Table of Proposed Patent Fee Adjustments
Table of Patent Fees – Current, Proposed and Unit Cost
Patent Fee Proposal Executive Summary
Patent Fee Proposal Background Information
PPAC Hearing Agenda
PPAC Public Hearing - USPTO Presentation
PPAC Fee Setting Hearing Event Details
PPAC Fee Setting Report
Latest trademark fee setting information
Setting and Adjusting Trademark Fees during Fiscal Year 2025 Notice of Proposed Rulemaking and Supplemental Materials
On March 26 , 2024, 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 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.
89 FR 20897 - Notice of Proposed Rulemaking – Setting and Adjusting Trademark Fees during Fiscal Year 2025
Trademark Fee Proposal, Notice of Proposed Rulemaking: At-a-Glance
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 May 8, 2023, 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.
88 FR 25623 - Notice of Public Hearing - TPAC
Letter from the Director to TPAC
Table of Proposed Trademark Fee Adjustments
Table of Trademark Fees – Current, Proposed and Unit Cost
Trademark Fee Proposal Executive Summary
Trademark Fee Proposal Background Information
TPAC Fee Setting Hearing Event Details
TPAC Fee Setting Hearing Agenda
TPAC Public Hearing - USPTO Presentation
TPAC Fee Setting Report
Previous fee setting information
