On November 20, 2024, the U.S. Patent and Trademark Office (USPTO) announced a revised Patent fee schedule that will take effect on January 19, 2025.

Information including the table of fees can be found here.

The changes include the increase of fees and the creation of new fees.

One increase applies to fees for excess claims. The fee for each claim beyond 20 will now amount to US$200 and the fee for each independent claims exceeding three will increase to US$600.

Request for Continued Examination (RCE) fees will also increase. While the fee for the first RCE is increased from US$1,360 to US$1,500, the fee for the second and subsequent RCE is significantly increased from US$2,000 to US$2,860.

New fees applies to the filing of continuing applications (including divisional applications) filed more than six years after the earliest benefit date. The new fee is US$2,700 for filing such applications more than six years past their earliest benefit date and US$4,000 for filing such applications more than nine years past their earliest benefit date.

New fees also relate to Information Disclosure Statements (IDSs) are introduced. If the cumulative number of references exceeds 50, a fee of US$200 will apply, if the cumulative number of references exceeds 100, a fee of US$500 less any amount previously paid will apply, and if the cumulative number of references exceeds 200, a fee of US$800 less any amount previously paid will apply.

Certain operations may be anticipated prior to January 18, 2025 to avoid the application of the revised fees. This shall be considered on a case-by-case basis.

Published On: 7 January 2025Categories: PublicationsTags:

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