US patent official fees are going up! Design patent fees are increasing by 48%

US patent official fees are increasing, with design patent fees going up by 48%

On May 18, 2023, the Patent Public Advisory Committee (PPAC) of the United States will hold a hearing on the patent fee adjustment proposal put forward by the United States Patent and Trademark Office (USPTO).

On April 20, USPTO Director Kathi Vidal wrote to the PPAC to explain the situation regarding the USPTO’s plan to officially increase U.S. patent fees around January 2025.

U.S. patents

In the letter, Vidal stated that the main reason for this official fee adjustment is due to the “Unleashing American Innovation Act” (UAIA) passed at the end of last year, which increased discounts and reduced barriers to entry into the patent system for small and micro entities. For example, the fee reduction for small and micro entities has been increased from 50% to 60%, and the fee reduction for electronic applications has been increased from 75% to 80%. This also means that the USPTO’s future fee income will be significantly lower than estimated.

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Secondly, the overall U.S. economy has experienced higher-than-expected inflation, and USPTO’s operational costs have increased accordingly.

Therefore, the USPTO expects that the total operating costs of its patent business will exceed the total revenue fees starting from the 2025 fiscal year.

Since the USPTO is a fully self-funded organization, a price increase is also reasonable.

According to the schedule for this official fee increase, it will be divided into the following stages:

• May 18, 2023: PPAC hearing

• January-March 2024: Proposed notice rulemaking release

• March-June 2024: 60-day public comment period

• October-December 2024: Final rule release

• January 2025: Expected effective date of fee change

Increased portion

Details of the increase in U.S. patent fees:

1. Overall fees increased by 5%, and application, search, and examination fees increased by an additional 5%.

2. The cost of design patent has increased by 48% to $2600.

3. Different charging standards will be set according to the number of Information Disclosure Statement (IDS).

The cost of design patent in the United States is about to rise by 48%, which means the application fee will be increased by half.

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