Proposed patent fee changes for fiscal year 2025

Published on: 04/02/2024 13:45 PM


Patent Alert

US Patent and Trademark Office

Proposed patent fee changes for fiscal year 2025

In conjunction with our recently published notice of proposed rulemaking (NPRM) on proposed changes to our trademark fees, we are setting and adjusting certain patent fees to finance the costs necessary to facilitate the effective and efficient administration of our U.S. patent system. These fees provide our agency with the ability to implement programs and initiatives driving our 2022–2026 Strategic Plan, including enhancing our work to drive down pendency, issuing robust and reliable patent rights, and supporting employees and stakeholders with reliable IT infrastructure. Our proposed changes to the patent fees can be found in our new NPRM, which will officially publish tomorrow in the Federal Register.  

Our fee-setting authority is a crucial component of our ability to optimize our service to American innovators,” said Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “Being responsible stewards of stakeholder fees means finding new, efficient, and creative ways to implement and scale our work and mission both in the U.S. and internationally, and across U.S. government, to create a stronger, more expansive IP ecosystem to drive our nation’s competitiveness, create jobs, and solve local and global problems.”  

Our patent fees proposal provides 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, it allows us to maintain efficient operations and support for our 13,000+ employees across the country dedicated to serving American innovators. Both the patent and trademark fee-setting rules will enable the USPTO 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 throughout the last year, beginning with a public hearing in May 2023 hosted by our Patent Public Advisory Committee (PPAC). Following the hearing, PPAC provided our agency with a written report detailing the public comments received and its recommendations regarding the proposed fees. We considered and analyzed all comments and feedback in the creation of this proposal. 

To learn more about the USPTO’s proposed fee changes, please visit our Fee Setting and Adjusting webpage. Written comments on the proposed patent fee changes in the NPRM can be submitted via the Federal eRulemaking Portal using docket number PTO-P-2022-0033 starting tomorrow through June 3. Written comments to our NPRM on proposed changes to our trademark fees, which is proceeding on a separate track, are due May 28. 


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