Patent Fees to Hold Steady on October 1st 

The USPTO proposed its first ever fee increase under the fee setting authority of the America Invents Act (AIA) in November of 2015.  At the time, the proposal was provided to the Public Patent Advisory Committee (PPAC) for review. While the initial hope was to have the proposed fee adjustments take effect on October 1st (start of FY 2017), significant stakeholder feedback and considerations have, understandably, slowed the rule making process.  As a Notice of Proposed Rule Making (NPRM) has yet to issue, and a Final Rule Notice must follow the NPRM,  fee adjustments are unlikely to go into effect until summer 2017, or even FY 2018.  (Note Trademark fee increases have been proposed in a NPRM in May and may adjust by October 1st, or shortly thereafter)   

As a reminder the proposed patent fee increases are noted below:

Click here to view table

(USPTO fee setting page here for more background)

  1. IPR fees are proposed to increase from $23,000 to $30,500   (Request increases $5k, Institution $2.5K)
  2. PGR/CBM fees are proposed to increase from $30,000 to $38,000    (Request increase $4k, Institution $6K)
  3. Appeal to PTAB from ex parte proceeding is proposed to increase from $2800 to $3500   (Notice of appeal + appeal forwarding, large entity)

Notable fee decreases:

  1. Ex parte reexamination: requests that are less than 40 pages are discounted 50% relative to existing fees, which remain unchanged.

Notable increase in prosecution fees

  1. $600 increase for IDS submissions after notice of allowance
  • (Note: Proposal to eliminate need for RCE with IDS, and QPIDS program).