New PTO Fee Schedule

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.

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