USPTO Proposed Fee Changes Open For Public Comment

Section 10 of the America Invents Act grants the Director the authority to “set or adjust by rule any fee established, authorized, or charged under title 35, United States Code, or the Trademark Act of 1946, for any services performed by or materials furnished by, the Office…” In short, the USPTO can now decide how much to charge you to get a patent or trademark.

Earlier this week, the USPTO released a proposal of new patent fees for public comment. A summary of the fee changes can be found here. Some of the more drastic patent fee changes include:

  • A 47% increase in the basic filing, search and examination fee;
  • An 84% increase in fees for independent claims over 3;
  • A 67% increase in fees for claims over 20;
  • An 83% increase to file a Request for Continued Examination;
  • A 142% increase to file a Notice of Appeal; and
  • A 102% increase to file an Appeal.

As you can see, the USPTO seems to be trying to reduce pendency time by increasing costs for actions following a final rejection. The significant increases to file an RCE, Notice of Appeal, or Appeal will certainly encourage cost-conscious applicants to “complete” examination before a Final Office Action is issued.

So what are your thoughts on the proposed fees?  Information on how you can provide your comments to the USPTO regarding these changes can be found here.


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