USPTO Fee Update Final Rule Effective October 2020

The USPTO has announced a Final Rule which sets or adjusts 296 patent fees for large, small, and micro entities. The Final Rule is effective October 2, 2020, except for a surcharge for non-DOCX filings effective January 1, 2022, and is available at https://www.uspto.gov/about-us/performance-and-planning/summary-fy-2020-final-patent-fee-rule .

Under the Final Rule, routine patent fees, including filing, search, examination, and issue fees, will increase by five percent. Exceptions, which may have increased by lower or higher than five percent, include maintenance fee surcharges, requests for expedited examination of a design application fee, utility and reissue patent issue and maintenance fees, and AIA trial fees. New fees include a non-DOCX filing surcharge fee and a pro hac vice admission fee.

The Final Rule maintains discounts for small entities and micro entities. Small entities receive a 50 percent discount and micro entities receive a 75 percent discount. Entities will qualify as small based on size or certain non-profit status. To qualify as micro, entities must be eligible according to Section 10(g) of the AIA.

The Final Rule was originally planned to take effect in July 2020, but the USPTO extended it to October in light of COVID-19.

The USPTO”™s reevaluation of its PTAB and patent fees took place over the last three years and included feedback from the public as well as comments from intellectual property organizations, law firms, corporations, and individual attorneys. The goal of the review was to address increasing fees, revenues associated with patent operations, and costs of implementing the USPTO 2018-2022 Strategic Plan.

For further information, please contact Staas & Halsey LLP at info@s-n-h.com