Seed IP partner Blake Kumabe recently authored the following article about proposed patent fee changes for 2025.

USPTO: Proposed 2025 Patent Fee Changes

The United States Patent and Trademark Office (USPTO) recently announced a "notice of proposed rulemaking" (NPRM) to set or adjust patent fees for fiscal year 2025. According to its website, "As part of the USPTO's continued commitment to fiscal responsibility, financial prudence, and operational efficiency, the agency reviews fee levels on at least a biennial basis. The fee review process incorporates a thorough evaluation of the existing fee schedule as well as significant research and analysis on potential revisions to the schedule."

The proposed fee adjustments, based on current projections by the USPTO, are deemed necessary to provide the Office with a sufficient amount of revenue to recover the cost of patent operations in future years and to continue striving to reach its strategic goals.

The 2025 proposed fees include a 5% increase for patent and Patent Trial and Appeal Board (PTAB) fees, as well as an additional 5% increase for filing, search, and examination fees (10% in total). The proposed fees also include targeted fee adjustments to the following categories:

• After-final consideration 2.0 pilot program
• Continuing applications
• Design applications
• Excess claims
• Extensions of time for provisional applications
• Information disclosure statements
• Patent term adjustment
• Patent term extension
• Requests for continued examination
• Suspensions of action
• Terminal disclaimers
• Unintentional delay petitions
• America Invents Act trial fees
• Director review of Patent Trial and Appeal Board (PTAB) decision
• Across-the-board adjustments to all other fees

Notable targeted fees include a $2,200 fee (large entity) for a continuation application filed more than five years after the earliest benefit date, and a $3,500 fee (large entity) for a continuation application filed more than eight years after the earliest benefit date.

It's the USPTO's intent to issue a final rule in Fiscal Year 2025 following a review of comments received during the public comment period ending June 3, 2024.

******************************************************************************************************************

About the author

Blake Kumabe's practice focuses on the U.S. and foreign patent prosecution of electrical engineering and computer software matters. He received an M.S. (2009) and a B.S. (2006) in Electrical Engineering from the University of Washington. Blake was awarded a J.D. (magna cum laude) from Seattle University School of Law in 2015, where he served as Associate Editor for the Seattle University Law Review. Blake also received the National Order of Scribes Award for Excellence in Legal Writing and the CALI Award for Legal Writing.

Blake is admitted to the Washington State Bar and is registered to practice before the U.S. Patent and Trademark Office. He is a member of the Washington State Patent Law Association (WSPLA).

Read more about Blake Kumabe.

‍

‍