On November 14, 2017, the USPTO issued and published the final rule, “Setting and Adjusting Patent Fees during Fiscal Year 2017.” The final rule set or adjusted certain patent fees, as provided by the Leahy-Smith America Invents Act (AIA). This rulemaking is the second iteration of patent fee rulemaking by the USPTO under AIA; the first was January 2013. This rule is effective on January 16, 2018, for patent fees paid on or after January 16, 2018.

The USPTO published a table summarizing the new or adjusted fees, which can be found here. Below summarizes the notable changes in fees.

Fee

Current Large Entity Fee Rate

Final Rule Large Entity Fee Rate

Percentage Change

Utility Patent Application Fees

Utility Filing Fee

$280

$300

7%

Utility Search Fee

$600

$660

10%

Utility Examination Fee

$720

$760

6%

Utility Issue Fee

Utility Issue Fee

$960

$1000

4%

Provisional Application Filing

Provisional Application Filing Fee

$260

$280

8%

Design Patent Application Fees

Design Filing Fee

$180

$200

11%

Design Search Fee

$120

$160

33%

Design Examination Fee

$460

$600

30%

Design Issue Fee

Design Issue Fee

$560

$700

25%

Plant Patent Application Filing Fees

Plant Filing Fee

$180

$200

11%

Plant Search Fee

$380

$420

11%

Plant Examination Fee

$580

$620

7%

Plant Issue Fee

Plant Issue Fee

$760

$800

5%

Excess Claim Fees

Each Independent Claim in Excess of Three

$420

$460

10%

Each Claim in Excess of 20

$80

$100

25%

Multiple Dependent Claims

$780

%820

5%

Information Disclosure Statement (IDS)

Submission of an IDS after First Action on the Merits, before Notice of Allowance

$180

$240

33%

Request for Continued Examination (RCE)

RCE - 1st Request

$1,200

$1,300

8%

RCE - 2nd and Subsequent Request

$1,700

$1,900

12%

Appeal Fees

Notice of Appeal

$800

$800

no change

Forwarding an Appeal Brief in an Application or Ex Parte Reexamination Proceeding to the Board

$2,000

$2,240

12%

NEW Patent Fees

Ex Parte Reexamination (§ 1.510(a)) Streamlined

- -

$6,000

(non-streamlined remains at $12,000)

- -

Hague International Design Application

- -

$120

- -

Submission of sequence listing of 300 MB to 800 MB

- -

$1,000

- -

Submission of sequence listings of more than 800 MB

- -

$10,000

- -

Late Filing of Sequence Listing

- -

$300

- -