Patent fee changes to take effect on January 19

As part of our regular assessment of fees under our fee-setting authority, we are announcing updated patents fees in a final rule, effective January 19, 2025. These fee adjustments will provide us with sufficient funding to effectively and efficiently administer the U.S. patent system and continue progress toward achieving our strategic goals. 

Our updated patent fees provide us with additional resources to reflect the budgetary impact of new discounts enacted under the Unleashing American Innovators Act for small businesses, independent inventors, and others who qualify as "small entities" or "micro entities." Additionally, this allows us to maintain efficient operations and support for our 14,000+ employees across the country dedicated to serving American innovators. Both the updated patent and trademark fees will enable us to accomplish our mission to drive U.S. innovation, inclusive capitalism, and global competitiveness. 

Our patent proposal is shaped by public feedback we’ve received since we published a Federal Register Notice on April 20, 2023, that announced plans to exercise our authority to set or adjust patent fees. On May 18, 2023, the Patent Public Advisory Committee (PPAC) held a public hearing in Alexandria, Virginia, and invited members of the public to submit comments on fee adjustments. Following the hearing, PPAC provided us with a written report detailing the public comments received and its recommendations regarding the proposed fees. We considered and analyzed all comments, advice, and recommendations, and on April 3, 2024, published a notice of proposed rulemaking on setting and adjusting patent fees. We again invited additional comments which we considered, and in response decided not to move forward with three targeted proposals and revised an additional three targeted proposals. 

The three fee changes we are not moving forward include: 

• a new fee for After Final Consideration Pilot 2.0 requests;  

• a targeted increase to the patent term adjustment fee; and 

• a terminal disclaimer tiered fees. 

The three revised fee changes (and their revisions) include: 

• upward adjustment of the timing thresholds for continuing applications;  

• substantial reduction to the adjusted patent term extension fee; and  

• elimination of the proposed new tier for third and subsequent requests for continued examination, and corresponding adjustments to the existing fee for second and subsequent requests.