USPTO proposes rise in patent fees
The US Patent and Trademark Office ( USPTO) has welcomed feedback on proposed changes which would see it raise its fees.
In an announcement yesterday July 31, the USPTO’s acting chief financial officer Sean Mildrew said the increase was necessary as it requires a “predictable and sufficient stream of funding” in its enforcement of “reliable and quality patent rights”.
In total, the office has proposed to set or adjust 295 patent fees for large, small and micro-entities. It added that percentage discounts currently available to small and micro-entities will be maintained.
While it currently costs $300 to file a patent application, under the changes this will now cost $320. Additionally, the issuing fee for large businesses will also increase from $1,000 to $1,200.
For small entities, these figures will increase from $500 to $600, while micro-entities will pay $300 instead of the current $250.
Those businesses wishing to institute inter partes review will pay $19,500, up from $15,000 under the proposed changes.
The changes, which were announced in a notice of proposed rulemaking, are the result of a “comprehensive biennial fee review that began in 2017”, Mildrew said.
He said the fee adjustments are necessary to provide the resources needed to improve patent operations and to implement the USPTO’s 2018-2022 Strategic Plan.
A 60-day public comment period is now open, with a final rule for publication expected in 2020.
The office also proposed to increase the fee to request an expedited examination of a design application. While the current fee is $900, the USPTO proposed that the new fee should be $2,000.
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