Understanding the 2025 USPTO Fee Schedule Updates
The United States Patent and Trademark Office (USPTO) has announced updates to its fee schedule, effective January 19, 2025, aimed at addressing rising operational costs. These updates impact multiple areas of patent filing and prosecution, requiring applicants to revisit their strategies to manage expenses effectively. Let’s dive into the key changes and actionable strategies.
Key Fee Changes
1. Basic Filing & Prosecution Fees
The fee increases for design patent applications affect all applicant types:
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Undiscounted Entities: $1,760 → $2,600
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Small Entities: $704 → $1,040
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Micro Entities: $352 → $520
2. Patent Term Extensions (PTE)
Responding to feedback, the USPTO reduced the proposed PTE fee from $6,700 to $2,500, making it more accessible to applicants.
3. Excess Claims Fees
Fees for excess claims (independent claims and claims exceeding 20) have increased:
4. Request for Continued Examination (RCE) Fees
The RCE fee structure now includes higher costs for subsequent requests:
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First Request: $1,360 → $1,500 (Undiscounted Entities)
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Subsequent Requests: $2,860 for Undiscounted Entities
5. Terminal Disclaimer Fees
These fees increased modestly from $170 to $183 after public comments.
6. Continuation Applications
The USPTO introduced time-based fees for continuation applications:
This change aims to manage the growing number of continuation filings.
7. Information Disclosure Statement (IDS) Fees
New IDS fees apply only to undiscounted entities, based on the number of references:
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50–100 references: $200
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101–200 references: $500
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Over 201 references: $800
Effective IDS Management
Efficient IDS management can help applicants minimize unnecessary fees:
Categorize References: Label prior art (e.g., X, Y, A) to streamline submissions.
Assess Relevance: Only include references critical to examination.
Avoid Over-Citing: Limit non-patent literature (NPL) submissions to reduce complications.
Review Counterparts: Regularly review applications filed in other jurisdictions to avoid redundancy.
Note: For continuation applications claiming benefit under 35 U.S.C. 120, applicants need not include an IDS listing prior art cited in the parent application unless they want this information printed on the continuing application’s patent.
Strategies to Manage Costs
Adjusting to the new USPTO fees requires careful planning. Here are actionable tips to mitigate the impact:
1. File Early
Submit pending continuation and non-provisional applications before January 19, 2025, to avoid the higher fees.
2. Optimize Claims
Draft concise claims to minimize excess claim fees. Conduct examiner interviews to reduce the likelihood of needing RCE filings.
3. Streamline Patent Families
Review key patent families to identify critical continuation filings and avoid surcharges for applications filed beyond six or nine years from the priority date.
4. Leverage Technology
Invest in advanced patent management software to organize filings, track deadlines, and efficiently manage IDS submissions.
5. Collaborate with Experts
Partner with experienced patent professionals to develop cost-effective strategies tailored to your portfolio.
Conclusion
The 2025 USPTO fee schedule introduces significant changes, particularly for design patent filings, excess claims, and continuation applications. While some fees have increased substantially, understanding these updates enables better planning and cost management.
Adapting to these changes will require proactive strategies, including early filings, optimized claim drafting, and streamlined patent family reviews. Leveraging technology and working with skilled IP professionals will also help navigate this updated fee structure efficiently.
Whether you’re an independent inventor or part of a larger organization, aligning your patent strategy with the new USPTO fee schedule will ensure effective portfolio management without overspending.
IP Brigade is committed to helping you navigate these changes. With expertise in patent prosecution, filing strategies, and cost optimization, we can support your intellectual property needs under the revised USPTO fee structure. Contact us today to learn how we can help safeguard your innovations while keeping costs under control.