USPTO Increases Patent Fees as of October 2, 2020

IP Group

The United States Patent and Trademark Office (“USPTO”) is adjusting certain patent fees for Fiscal Year 2021. The adjusted fees go into effect on October 2, 2020.

The patent fee adjustments fall into four separate categories: across-the-board adjustments, other adjustments, new fees, and discontinued fees:

• Across-the-board adjustment to patent fees: The USPTO is increasing most fees by approximately 5%.

• Other adjustments to existing patent fees: The USPTO is adjusting certain existing fees by amounts greater than 5%. For example, the surcharge for late maintenance fees is increasing from $160 to $500, and the fee for requesting expedited examination for design applications is increasing from $900 to $1,600. Additionally, maintenance fees are increasing from $160-$400, depending on the year.

• New patent fees: The October 2, 2020 fee increase will introduce two new fees: (1) a $400.00 fee for non-DOCX filings (this will go into effect January 2022); and (2) a $250.00 biannual fee for pro hac vice admission.

• Discontinued fees: The USPTO is discontinuing four existing fees: three for patent service fees, and one for an Office of Enrollment and Discipline USPTO-assisted recovery of ID or password reset fee.

The chart below shows the Patent fixed fee services that SRH Law offers and how the USPTO increases will affect them.

Fixed-Fee Patent Offerings	SRH Law Fees	Official Fees 2020 (Small Entity)	Official Fees 2021 (Small Entity)
Initial Consultation and Project Assessment	Free	N/A	N/A
U.S. Utility Application based upon prior filed foreign filing (excludes translation fees; includes filing of foreign priority document)	$700	$785	$830
U.S. Utility Application filing (specification, figures, and claims prepared by client)	$650	$785	$830
U.S. National Stage Application in the USPTO (excludes translation fees)	$650	$785	$830
Initiate entrance into National Stage in foreign country	$750	Depends on Country	Depends on Country
Initiate filing of U.S. design application based upon prior filed foreign filing (excludes any translation fees or drawing revisions, includes filing foreign priority claim)	$550	$480	$510
Prepare and File original U.S. design patent (excludes drawings)	$1200	$480	$510
U.S. design patent (specification, figures, and claims prepared by client)	$500	$480	$510
Initiate filing of corresponding foreign design patent application (excludes any additional/revised drawings needed; includes filing foreign priority document)	$550	Depends on Country	Depends on Country
Prepare and file Issue Fee	$250	$500 Utility $350 Design	$600 Utility $370 Design
Payment of 3½ year maintenance fee	$275	$800	$1,000
Payment of 7½ year maintenance fee	$275	$1800	$1,880
Payment of 11½ year maintenance fee	$275	$3700	$3,850
Docket, Analyze, and Forward Office Action	$50
Prepare budget to respond to Office Action	$0
Prepare and File Patent Assignment	$100

For a complete listing of the USPTO’s October 2, 2020 fee increases, please see the USPTO’s Table of Patent Fee Adjustments.

Note that small and micro entity discounts will continue to be available on most fees.

If you have any questions about USPTO fees and how the October 2, 2020 fee adjustments may impact you or your business, please contact us. Patent attorney Shawn Gordon can be reached at 802-860-1003 x 121, or by email and trademark attorney Liz Kleinberg can be reached at 802-860-1003 x 122, or by email.