While some increases reflect standard inflation adjustments, others signal important shifts in USPTO policy and practice that could substantially impact patent prosecution strategies. Note that the fees listed below are for large entities and are less for small and micro entities.

Understanding the Changes 

The November 20 Final Rule, “Setting and Adjusting Patent Fees During Fiscal Year 2025,” states: “To keep the USPTO on a stable financial track sufficient to recover the aggregate estimated costs of patent operations and to support the agency’s strategic objectives, the agency is adjusting by approximately 7.5% all patent fees not covered by the targeted adjustments discussed in part V(C).”

The most notable changes include a dramatic 48% increase in design patent fees and substantial hikes in RCE costs, with second and subsequent RCEs seeing a 43% jump to $2,860. 

The Office is also introducing entirely new fee categories, including significant surcharges for continuing applications filed more than six years after their earliest benefit date – a change that could significantly affect long-term portfolio management strategies. 

 

Perhaps most striking for day-to-day prosecution, the USPTO will implement new Information Disclosure Statement (IDS) fees based on reference volume, starting at $200 for submissions exceeding 50 references. This change aims to encourage more focused prior art submissions and streamline examination. 

 

Strategic Opportunities Before Implementation 

 

With these changes approaching, now is a good time to review your patent portfolio and consider strategic filing decisions. Filing new applications, particularly design patents, before the January deadline could yield substantial savings. Similarly, addressing any pending RCEs or contemplated continuing applications before the effective date could avoid significant fee increases. 

How We Can Help 

 

Our patent team is ready to help you navigate these changes and develop cost-effective strategies tailored to your portfolio. We can: 

·                 Review your pending applications to identify opportunities for action before the fee increases take effect 

·                 Develop customized filing strategies that minimize the impact of the new fee structure 

·                 Create efficient approaches for managing IDS submissions under the new size-based fee system 

·                 Plan long-term portfolio management strategies that account for the new continuing application surcharges 

We encourage you to contact your patent attorney at the firm to discuss these changes and develop a strategic plan that aligns with your intellectual property goals while managing costs effectively under the new fee regime.