The USPTO has made changes to both their patent and trademark fee schedules which take effect on January 18 2025 for Trademarks and January 19 2025 for Patents. McCoy Russell outlines the changes to the fees below.
Major changes to Patent Fees include:
- First-stage utility patent maintenance fees increase from $2,000 to $2,150
- Second-stage utility patent maintenance fees increase from $3,760 to $4,040
- Third-stage utility patent maintenance fees increase from $7,700 to $8,280
- Fees for patent term extensions increase by 119%
- Fees for excess claims over 20 increase by 100%
- Fees for second and subsequent RCE increase by 43%
- Fees for patent term adjustments increase by 43%
- Fees for petitions for revival increase by 43%
- Fees for unintentional delays of over 2 years increase by 43%
Major changes to Trademark Fees include:
Application Fees:
- Paper Applications (CFR 2.6(a)(1)(i)): Increased from $750 to $850 per class.
- Applications via WIPO (CFR 2.6(a)(1)(ii)): Initial filings increased from $500 to $600 per class.
- Subsequent designations also raised from $500 to $600 per class.
- Electronic TEAS Standard Applications (CFR 2.6(a)(1)(iii)): Replaced with a base application fee set at $350 per class.
- Post-Registration and Declaration Fees
Section 8 Declarations (CFR 2.6(a) (12)):
- Paper filings increased from $325 to $425 per class.
- Electronic filings increased from $225 to $325 per class.
Section 15 Declarations (CFR 2.6(a) (13)):
- Paper filings increased from $300 to $350 per class.
- Electronic filings increased from $200 to $250 per class.
Section 9 Renewal Applications (CFR 2.6(a)(5)):
- Paper filings increased from $500 to $525 per class.
- Electronic filings increased from $300 to $325 per class.
New Fees
- Insufficient Information for TEAS Applications (CFR 2.6(a)(1)(iv)): Introduced at $100 per class (paper or electronic).
- Use of Free-Form Text Boxes for Goods/Services (CFR 2.6(a)(1)(v)): Introduced at $200 per class (paper or electronic).
- Additional Text Beyond 1,000 Characters (CFR 2.6(a)(1)(vi)): Introduced at $200 per 1,000 characters (paper or electronic).
- TTAB and Petition Fees
Petitions to the Director (CFR 2.6(a) (15)):
- Paper filings increased from $350 to $500.
- Electronic filings increased from $250 to $400.
Petitions to Revive Applications (CFR 2.6(a) (15)):
- Paper filings increased from $250 to $350.
- Electronic filings increased from $150 to $250.
Other Adjustments
- Letters of Protest (CFR 2.6(a) (25)): Increased from $50 to $150.
Amendments and Statements of Use (CFR 2.6(a)(2) -(3)):
- Fees increased by $50 per class for both paper and electronic filings.
As a proactive firm, McCoy Russell aims to bring these changes to attention to provide strategic solutions for intellectual property portfolio development. Contact us if you think we can be of assistance or have questions.
