U.S. Trademark and Patent Filing Fee Increases Take Effect January 19, 2025
On January 19, 2025, the United States Patent and Trademark Office (USPTO) will implement updated fee schedules, which will increase many of the fees the USPTO charges for trademark and patent filings. The most relevant fee changes are detailed below. Detailed information on the proposed fee adjustments are available on the USPTO’s fee setting webpage.
Trademark Fee Changes
The USPTO is adjusting several trademark fees, including notably higher fees for post-registration maintenance filings. For new applications, there has been a change in filing options, with potential surcharges for unique applications.
New Application fees – The USPTO will discontinue the tiered filing options and implement a single application filing option with additional surcharge fees in some circumstances. Filing fee updates are, generally, as follows:
- Filing Fee: $350 per class (subject to surcharges)
- Filing Fee for using free-text form for identification of goods/services: $200 per class
- Filing Fee for each additional group of 1,000 characters: $200 per class
- Filing Fee for Insufficient Information: $100 per class
As noted above, applicants will be charged a surcharge fee if: (a) the applicant uses the free-form text instead of preapproved identification of goods/services; (b) the goods/services descriptions are over 1,000 characters; or (c) an applicant submits an incomplete application.
Increasing Fees for Statement of Use/Amendment to Allege Use:
- Statement of Use Filing Fee: $150 (increasing from $100)
- Allegation of Use Filing Fee: $150 (increasing from $100)
Increasing Fees for Post-Registration Maintenance Filings:
- Section 8 Declaration: $325 per class (increasing from $225 per class)
- Section 9 Renewal Application: $325 per class (increasing from $300 per class)
- Section 15 Declaration: $250 per class (increasing from $200 per class)
- Combined Section 8 & 15 Declarations: $575 per class (increasing from $425)
- Combined Section 8 Declaration & Section 9 Renewal Application: $650 per class (increasing from $525 per class)
Increasing Fees for Petitions:
- Petition to the Director: $400 (increasing from $250)
- Petition to Revive Application: $250 (increasing from $150)
- Letter of Protest: $150 (increasing from $50)
Increasing Fees for Madrid Protocol Applications, Renewals and Declarations of Use/Non-Use:
- New Application: $600 per class (increasing from $500 per class)
- Subsequent designations: $600 per class (increasing from $500 per class)
- Renewal: $325 (increasing from $300 per class)
- Section 71 Declarations: $325 (increasing from $225 per class)
Patent Fee Changes
The USPTO is also adjusting many patent fees. Particularly important are increasing fees directed toward new applications, continuing applications, requests for continued examination (RCEs), and large-size information disclosure statements (IDS). A summary of the some of the updated fees is below but note these are for undiscounted entities. Please reach out to one of McGrath North’s patent attorneys for more information regarding fees for small or micro entities.
Increasing Fees Related to Initial Applications:
- Filing, search, examination and issue fees for both utility and design patent applications:
o Combined total for standard utility application: $3,290 (increasing from $3,020)
o Combined total for standard design application: $2,600 (increasing from $1,760)
- Excess claims:
o Each independent claim in excess of 3: $600 (increasing from $480)
o Each claim in excess of 20: $200 (increasing from $100)
New Fees for Information Disclosure Statements exceeding 50/100/200 items of information:
- Exceed 50 but not exceed 100: $200
- Exceed 100 but not exceed 200: $500*
- Exceed 200: $800*
*less any amount previously paid
Increasing fees for Requests for Continued Examination (RCE):
- First RCE fee: $1,500 (increasing from $1,360)
- Second/subsequent RCE fee: $2,860 (increasing from $2,000)
New fees for continuing applications filed more than six or nine years after the earliest benefit claim:
- Six years: $2,700
- Nine years: $4,000
Additional fee changes include: (a) a 25% increase in several Patent Trial and Appeal Board (PTAB) trial fees; and (b) an increase in the Patent Term Extension application fee (only available in special circumstances).
How Can You Prepare For the New Fees?
If you intend to file new patent or trademark applications or maintain or renew existing trademarks, now is the time to do so in order to take advantage of the lower fee structure. Additional information, including a full listing of all patent fee changes, is available on the USPTO’s website and in the Federal Register. If you have any questions regarding these fee changes or any questions about your intellectual property portfolio and strategy, please contact a member of McGrath North’s Intellectual Property & Technology Team.
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