Mikele Bicolli
Apr 19, 2024

USPTO Proposes Patent Fee Adjustments for FY 2025

Patent Prosecution

The United States Patent and Trademark Office (USPTO) is proposing adjustments to patent fees for fiscal year 2025. These changes, outlined in a notice of proposed rulemaking (NPRM), aim to finance the costs necessary for the effective administration of the U.S. patent system. The adjustments align with the USPTO's strategic plan for 2022–2026 and seek to enhance services for American innovators while maintaining financial sustainability.

In conjunction with the NPRM on trademark fee changes, the USPTO is setting and adjusting certain patent fees to support its strategic initiatives. Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Kathi Vidal, emphasizes the importance of responsible stewardship of stakeholder fees in optimizing service to American innovators.

Key Points:

Impact of New Discounts: The proposed fee adjustments consider the budgetary impact of new discounts enacted under the Unleashing American Innovators Act, benefiting small businesses and independent inventors.
Public Feedback: The USPTO's proposal reflects extensive public feedback received over the past year, including input from the Patent Public Advisory Committee (PPAC) and a public hearing held in May 2023.
Fee Proposal Details: The NPRM outlines 455 patent fees for undiscounted, small, and micro entities, including 73 new fees. Routine fees for obtaining patents will increase to ensure financial sustainability and improve predictability and reliability of patent protection.

The NPRM operates under the Leahy-Smith America Invents Act (AIA), as amended by the SUCCESS Act, which authorizes the USPTO to set or adjust patent fees to recover aggregate estimated costs of patent operations. The role of the Patent Public Advisory Committee (PPAC) in providing feedback and recommendations is also highlighted.