Tomorrow, the PTO will be publishing the Fee Schedule in the Federal Register. The new schedule should take place by mid-March.
The original proposal was published for comment in September. The final rules are quite similar to the proposal. The current fees and new fees are listed below for many common fees. The fees are listed as large entity, small entity, micro entity.
| Current | New | % Change | |
| Utiliity Filing Fee | $390 | $280 | -28.2 |
| $195 | $140 | -28.2 | |
| $70 | |||
| Utility Search Fee | $620 | $600 | -3.2 |
| $310 | $300 | -3.2 | |
| $150 | |||
| Utility Examination Fee | $250 | $720 | 188.0 |
| $125 | $360 | 188.0 | |
| $180 | |||
| Total at Filing | $1,260 | $1,600 | 27.0 |
| $630 | $800 | 27.0 | |
| $400 | |||
| Excess Ind. Claims | $250 | $420 | 68.0 |
| $125 | $210 | 68.0 | |
| $105 | |||
| Excess Claims | $62 | $80 | 29.0 |
| $31 | $40 | 29.0 | |
| $20 | |||
| Priorized Examination | $4,800 | $4,000 | -16.7 |
| $2,400 | $2,000 | -16.7 | |
| $1,000 | |||
| 1st RCE | $930 | $1,200 | 29.0 |
| $465 | $600 | 29.0 | |
| $300 | |||
| Subsequent RCE | $930 | $1,700 | 82.8 |
| $465 | $850 | 82.8 | |
| $425 | |||
| Notice of Appeal | $630 | $800 | 27.0 |
| $315 | $400 | 27.0 | |
| $200 | |||
| Appeal Brief | $630 | $0 | -100.0 |
| $315 | $0 | -100.0 | |
| $0 | |||
| Forwarding to Board | $0 | $2,000 | |
| $0 | $1,000 | ||
| $500 | |||
| Total Appeal | $1,260 | $2,800 | 122.2 |
| $630 | $1,400 | 122.2 | |
| $700 | |||
| Utility Issue Fee | $1,770 | $960 | -45.8 |
| $885 | $480 | -45.8 | |
| $240 | |||
| Publication Fee | $300 | $0 | -100.0 |
| $150 | $0 | -100.0 | |
| $0 | |||
| Maintenance Fee 1 | $1,150 | $1,600 | 39.1 |
| $575 | $800 | 39.1 | |
| $400 | |||
| Maintenance Fee 2 | $2,900 | $3,600 | 24.1 |
| $1,450 | $1,800 | 24.1 | |
| $900 | |||
| Maintenance Fee 3 | $4,810 | $7,400 | 53.8 |
| $2,405 | $3,700 | 53.8 | |
| $1,850 |
The PTO will also publish new fees for post grant and other patent reviews.
| Current | New | |
| Ex Parte Reexamination | $17,750 | $12,000 |
| $6,000 | ||
| $3,000 | ||
| Request for Sup. Exam. | $5,140 | $4,400 |
| $2,200 | ||
| $1,100 | ||
| Ex Parte Rexam Order | $16,120 | $12,100 |
| $6,050 | ||
| $3,025 | ||
| Total Supplemental Exam | $21,260 | $16,500 |
| $8,250 | ||
| $4,125 | ||
| Inter Partes Review Request | $9,000 | |
| Inter Partes Institution | $14,000 | |
| Total Inter Partes Review | $27,200 | $23,000 |
| Post-Grant or Bus. Method | $12,000 | |
| Review Request | ||
| Post-Grant or Bus. Method | $18,000 | |
| Institution | ||
| Total | $35,800 | $30,000 |
| Post-Grant or Bus. Method |
The new rule also raises other fees by smaller amounts, such as requests for extension of time. The PTO plans to eliminate the current $40 assignment recordation fee for assignments recorded electronically. Finally, the PTO will also institute a registration fee for attorneys and agents. The fee for active practitioners will be $120 per year; inactive status will cost $25 per year.
