United States Patent and Trademark Office Adjusts Patent Office Fees for 2018

December 20, 2017 Advisory

The United States Patent and Trademark Office (USPTO) announced a new fee schedule for the upcoming year. This new fee schedule will take effect on January 16, 2018. Any fees paid on or after this date will be subject to the new rates regardless of when the fee was incurred. The new fee schedule, which includes increases, is the first major fee change by the USPTO since 2013. The list below shows how the new fee schedule will affect select patent fees. The full new fee schedule is available on the USPTO website.

If you have any questions regarding the new USPTO fees and how they may affect your patents and patent applications, please do not hesitate to contact us at [email protected]. At your request, we will check our docketing system to see if your patent assets have fees due that could be affected by this fee change.

Selected USPTO Fee Changes

Fee Type

Before

1/16/2018

(Regular Entity)

Before

1/16/2018

(Small Entity*)

On or After

1/16/2018

(Regular Entity)

On or After

1/16/2018

(Small Entity*)

Filing - Utility Patent Application

$1600

$800

$1720

$860

Filing - Design Patent Application

$760

$380

$960

$480

Filing - Provisional Patent Application

$260

$130

$280

$140

Surcharge for Filing More Than 3 Independent Claims

$420

$210

$460

$230

Surcharge for Filing More Than 20 Total Claims

$80

$40

$100

$50

Submission of Inventor's Declaration after Application Filing Date

$140

$70

$160

$80

Utility Issue

$960

$480

$1000

$500

Design Issue

$560

$280

$700

$350

Post-Issue Maintenance Fees

3.5yr – $1600

7.5yr – $3600

11.5yr – $7400

3.5yr – $800

7.5yr – $1800

11.5yr – $3700

No Change

No Change

Extension of Time for Maintenance Fees

3.5yr – $160

7.5yr – $160

11.5yr – $160

3.5yr – $80

7.5yr – $80

11.5yr – $80

No Change

No Change

Notice of Appeal

$800

$400

No Change

No Change

Request for Continued Examination (First Request)

$1200

$600

$1300

$650

Request for Continued Examination (Second and Subsequent Requests)

$1700

$850

$1900

$950


*A small entity may be a non-profit organization or an organization having fewer than 500 employees, including employees of affiliates, where the organization does not assign, license, or otherwise convey interest in its invention to a large entity. If you would like further explanation of USPTO small entities, feel free to contact us at [email protected].