Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Patent Filers May Suffer Sticker Shock Next Year as USPTO Hikes Patent Fees

Author: Scarinci Hollenbeck, LLC

Date: December 19, 2017

Key Contacts

Back

USPTO Recently Issued Final Rule Raising Certain Patent Fees

The U.S. Patent and Trademark Office (USPTO) recently issued a final rule raising certain patent fees. While many filers may have sticker shock, there is an upside — The additional fee collections should help the agency reduce its backlog, decrease wait times, and make needed technology improvements.

Patent Filers May Suffer Sticker Shock As USPTO Hikes Patent Fees
Photo courtesy of Sergey Zolkin (Unsplash.com)

The American Invents Act (AIA) authorizes the USPTO to set or adjust all patent and trademark fees established, authorized, or charged under Title 35 of the U.S. Code and the Trademark Act of 1946. When fees are set, the aggregate revenue from the patent fees may be used to recover the aggregate estimated cost of patent operations, including administrative costs to the USPTO. 

The USPTO last adjusted its fees under the AIA in 2013. The latest changes become effective on January 16, 2018.

USPTO’s Final Changes to Patent Fees

The USPTO published a table summarizing all of the new or adjusted fees. Below are several notable changes:

  • Inter Parte Review: Inter Parte review and post-registration fees are going up from $21,000 to $30,500 (a 33% increase).
  • Utility Patents: The filing fee will increase 7% from $280 to $300; the search fee will increase 10% from $600 to $660; the examination fee will increase 6% from $720 to $760; and the issue fee will increase 4% from $960 to $1,000.
  • Provisional Patents: The application filing fee will increase 8% from $260 to $280.
  • Design Patents: The filing fee will increase 11% from $180 to $200; the search fee will increase 33% from $120 to $160; the examination fee will increase 30% from $460 to $600; and the issue fee will increase 25% from $560 to $700.
  • Excess Claim Fees: The cost to file each independent claim in excess of three will increase 10% from $420 to $460, while the cost of each claim in excess of 20 will increase 25% from $80 to $100. Multiple dependent claims will increase 5% from $780 to $820.

Patent Filing Discounts for Start-Ups and Other Small Businesses

The USPTO does provide discounted patent fees for start-ups and other small businesses. In most cases, small entities pay 50% of the standard fee, while micro-entities pay 25%. Maintenance fees are similarly reduced for small businesses.

To qualify for discounted patent fees, small entities must meet the definition of “small business concern” under § 3 of the Small Business Act (most significantly that they must not have more than 500 employees).

To qualify as a micro entity, an applicant must meet all of the following criteria:

  • Qualify as a USPTO-defined small entity;
  • Not be named on more than four previously filed applications; and
  • Not have a gross income more than three times the median household income in the previous year from when the fee(s) is paid (currently $155,817).

There are other strategies available to reduce the cost of pursuing patents. To determine the best course of action for your business, it is essential to work with an experienced intellectual property attorney.

Do you have any questions? Would you like to discuss the matter further? If so, please contact me, David Einhorn, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
How to Conduct a Fair and Legal Employee Termination in 2025 post image

How to Conduct a Fair and Legal Employee Termination in 2025

Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]

Author: Angela A. Turiano

Link to post with title - "How to Conduct a Fair and Legal Employee Termination in 2025"
Admin Dissolution for Annual Report: What You Need to Know post image

Admin Dissolution for Annual Report: What You Need to Know

While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]

Author: Dan Brecher

Link to post with title - "Admin Dissolution for Annual Report: What You Need to Know"
What Is Antitrust Litigation Law? post image

What Is Antitrust Litigation Law?

Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]

Author: Robert E. Levy

Link to post with title - "What Is Antitrust Litigation Law?"
Dissolving Your Business: Essential Legal Steps to Protect Your Interests post image

Dissolving Your Business: Essential Legal Steps to Protect Your Interests

If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]

Author: Christopher D. Warren

Link to post with title - "Dissolving Your Business: Essential Legal Steps to Protect Your Interests"
The Role of Corporate Restructuring in Mergers & Acquisitions post image

The Role of Corporate Restructuring in Mergers & Acquisitions

Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]

Author: Dan Brecher

Link to post with title - "The Role of Corporate Restructuring in Mergers & Acquisitions"
Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public post image

Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public

Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]

Author: Bryce S. Robins

Link to post with title - "Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!