On Friday, January 18, 2013, the United States Patent and Trademark Office (USPTO) issued a Federal Register notice with its final rule concerning the new patent fees. Click here to view an excerpt of the notice listing all of the new fees. Most of the fee changes will become effective on March 19, 2013. However, certain fees relating to the payment of issue and publication fees, recordation of assignment documents and certain fees related to PCT international applications are effective on January 1, 2014.

In view of the fact that some of the increases are substantial, you may wish to consider undertaking some filings and/or fee payments before the fee increases become effective. Note, for example, the filing fees for new applications and the third stage maintenance fees.

Notable fee changes:

  • Total Filing Fee for Utility Application
    • $1,260 → $1,600
  • Total Filing Fee for National Stage Application
    • $1,140 → $1,480
  • Independent Claims in Excess of 3
    • $250 → $420
  • Claims in Excess of 20
    • $62 → $80
  • Request for Prioritized Examination (Track 1)
    • $4,800 → $4,000
  • Extensions of Time
    • 1st Month: $150 → $200
    • 2nd Month: $570 → $600
    • 3rd Month: $1,290 → $1,400
    • 4th Month: $2,010 → $2,200
    • 5th Month: $2,730→ $3,000
  • First Request for Continued Examination (RCE)
    • $930 → $1,200
  • Second and Subsequent RCE
    • $930 → $1,700
  • Notice of Appeal
    • $630 → $800
  • Filing an Appeal Brief
    • $630 → $0
  • To Board After Examiner’s Answer (in order to continue the appeal process)
    • New: $2,000
  • Issue Fee with Pre-Grant Publication
    • $2,070 → $960 (Effective Jan. 1, 2014)
  • Maintenance Fees
    • 1st Stage: $1,150 → $1,600
    • 2nd Stage: $2,900 → $3,600
    • 3rd Stage: $4,810 → $7,400
  • Request for Ex Parte Reexamination
    • $17,750 → $12,000
  • Post Grant Review (≤ 15 Claims)
    • Request: New: $12,000
    • Institution: New: $18,000
  • Petition for Inter Partes Review (≤ 15 Claims)
    • Request: $9,000
    • Institution: $14,000
  • Supplemental Examination Request
    • $5,140 → $4,400
  • Supplemental Examination Reexamination
    • $16,120 → $12,100

Please contact William C. Rowland for a copy of the complete Federal Register notice or any questions regarding these changes.