Anticipate This!™ | Patent and Trademark Law Blog

USPTO Fee Changes – Effective January 1, 2014.

Posted in Practice Commentary by Jake Ward on January 8, 2014

Pursuant to the Fee Setting Authority granted to the USPTO by the Leahy-Smith America Invents Act, certain fee changes were implemented on January 1, 2014.

Patent Post-Allowance Fees

  • 1501/2501/3501: Utility issue fee – fee decrease from $1,780/$890/$445 to $960/$480/$240.
  • 1511/2511/3511: Reissue issue fee – fee decrease from $1,780/$890/$445 to $960/$480/$240.
  • 1502/2502/3502: Design issue fee – fee decrease from $1,020/$510/$255 to $560/$280/$140.
  • 1503/2503/3503: Plant issue fee – fee decrease from $1,400/$700/$350 to $760/$380/$190.
  • 1504: Publication fee for early, voluntary, or normal publication – fee decrease from $300 to $0.

PCT Fees – International Stage

  • 2601/3601: Transmittal fee – new small/micro entity fee of $120/$60.
  • 2602/3602: Search fee – regardless of whether there is a corresponding application (see 35 U.S.C. 361(d) and PCT Rule 16) – new small/micro entity fee of $1,040/$520.
  • 2604/3604: Supplemental search fee when required, per additional invention – new small/micro entity fee of $1,040/$520.
  • 2621/3621: Transmitting application to Intl. Bureau to act as receiving office – new small/micro entity fee of $120/$60.
  • 2605/3605: Preliminary examination fee – U.S. was the ISA – new small/micro entity fee of $300/$150.
  • 1606: Preliminary examination fee – U.S. was not the ISA – fee increase from $750 to $760.
  • 2606/3606: Preliminary examination fee – U.S. was not the ISA – new small/micro entity fee of $380/$190.
  • 2607/3607: Supplemental examination fee per additional invention – new small/micro entity fee of $300/$150.
  • 2619/3619: Late payment fee – new small/micro entity fee of variable.

Patent Service Fees

  • 8021: Recording each patent assignment, agreement or other paper, per property – if submitted electronically – fee decrease from $40 to $0.(If not submitted electronically, the fee amount remains $40.)

According to this Federal Register Notice, these fee reductions were made to help rebalance the fee structure and offset the increases in filing, search and examination fees that were implemented in 2013.  Interestingly, the USPTO acknowledged that they intentionally delayed the implementation of these fee reductions in order “to allow the Office to recover sufficient revenue to pay for the projected cost of patent operations” in 2013.

The updated fee schedule may be viewed here: http://www.uspto.gov/curr_fees.

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