The United States Patent and Trademark Office (USPTO) has announced fee adjustments on filing, prosecution, allowance or following steps from 19 march 2013. It is thus advisable to file any new U.S. patent applications (or U.S. National phase entry papers), prior to 19 March 2013, in order to avoid the increased filing fees.
Below we will highlight some of the most important changes in the USPTO fees. The fees for deposit will be significantly reduced for qualified “Small Entity” applicants and, under newly introduced rules, are reduced further for qualified “Micro Entity” applicants. “Micro Entity” status is available in only very limited circumstances defined in the new rules.
Amendments which will become effective on 19 March 2013:
- the total utility application filing fees (basic filing fee + examination fee + search fee) will increase from $1260 to $1600;
- the total U.S. national stage filing fees (basic filing fee + examination fee + search fee) will increase from $1.140 to $1.480;
- the total design application filing fees (basic filing fee + examination fee + search fee) will increase from $530 to $760;
- the fee for filing a first request for continued examination (RCE) will increase from $930 to $1200, and the fee for second and subsequent RCE’s will increase from $930 to $1.700;
- the fee for each independent claim excess of three will increase from $250 to $420, the fee for each claim in excess of 20 total claims will increase from $62 to $80, and the fee for the inclusion of any multiple dipendent claims in an application will increase from $460 to $780;
- the maintenance fees will increase from 24% to 54%.
Amendments which will become effective on 01 January 2014:
- the utility issue fee will be reduced from $1.770 to $960 and the publication fee will be eliminated;
- the fee for a request for Prioritized examination will be reduced from $4.800 to $4.000.