The United States Patent and Trademark Office USPTO, via its Federal Register Notice dated August 3, 2020, published a final rule on adjustment on fee changes from October 2, 2020. This final rule incorporates fee changes with certain adjustments made in reply to the feedback received from the Patent Public Advisory Committee (PPAC) as well as public comments. These fee increases are related to the prosecution and filing of patent applications and the patents’ subsequent maintenance. USPTO explained these fees increase to be essential to fund the smooth functioning of USPTO’s operating reserves, to support means to increase the speed and quality of patent examination, and to examine the issue of rising costs. Moreover, a specific part of the increased fee revenue will go to investments in the already existing IT infrastructure and the emerging IT systems.
The latest patent fee increments are divided into four separate categories:
1. Across-the-board adjustment to patent fees: The USPTO has decided to increase the majority of fees by 5% approximately, which was explained as an approximate 2% annual increase to achieve strategic goals and to provide USPTO help to regulate inflation.
2. Other adjustments to existing patent fees: USPTO also adjusts certain existing fees in amounts greater than 5%. This increment is done to encourage an effective administration system of the IP system and allow cost recovery in certain service areas.
3. New Patent fees for non-DOCX filings: The new increment will include two new fees: a) $400.00 for non-DOCX filings (w.e.f January 2022) and b) $250.00 biannual fee for pro hac vice admission (biannually)
4. Discontinued fees: USPTO has decided to discontinue four fees: Three concerning the Patent service fees (three) and one for the Office of Enrolment and Discipline UPSTO assisted recovery of ID or password reset fee.
Significant Fee Increases for October 2020 include:
The USPTO’s table of Patent Fee Adjustments has demonstrated a variety of fees increasing by more than 5%, which includes the following-
– First 3.5 years Maintenance Fees: 25% increase to $2000
– Issue Fee: 20% increase to $1200
– Inter Parties Review Request Fee: 23% increase to $19,00
– Post Grant Review Request Fee: 25% increase to $20,000
– Late Maintenance Fee Payment Surcharge: 213% increase to $500
– Expedited Examination of Design Patent Application: 78% increase to $1600
Was USPTO’s move to increase fees in these challenging times a sound decision?
USPTO, in its statement, mentioned that the rising fees concerning the effective date of implementation were pushed from July 2020 to October 2020, keeping in mind the current state of the U.S economy in these challenging times as well USPTO’s efforts to provide relief to stakeholders who were affected. Moreover, the Federal Register Notice explained that the fee changes were designed to help USPTO to regulate its financial sources to ensure smooth functioning between and amongst its services, to support PTAB, for an effective U.S IP system administration, and most importantly to improve and enhance the USPTO’s IT systems in terms of their quality, productivity and efficiency of patenting procedures.
