USPTO’s New Fee Structure for the Upcoming Fiscal Year

1. General Fee Increases

• Application Filing, Search, and Examination Fees: 10% increase
• Issue Fee: 5% increase

2. Continuation Applications

Surcharges based on priority date:

• Filed more than 5 years after earliest priority date: $2,200
• Filed more than 8 years after earliest priority date: $3,500

3. Request for Continued Examination (RCE) Fees

New tiered fee structure:

• First RCE: Increase from $1,360 to $1,500
• Second RCE: Increase from $2,000 to $2,500
• Third and subsequent RCEs: New fee of $3,600

4. Claim Fees

• Independent Claims: a 25% increase for independent claims in excess of three
• Total Claims: a 100% increase for claims in excess of 20

5. Inter Partes and Post-Grant Review Fees: 25% increase

6. Information Disclosure Statement (IDS) Fees

New fees for submissions exceeding certain thresholds:

• 51-99 cumulative items: $200
• 100+ cumulative items: $500 (less any amount previously paid)

7. Terminal Disclaimers (TD) Fees

New tiered fee structure based on submission timing:

• Before first Office Action: $200
• After first Office Action, before final Office Action or allowance: $500
• After final Office Action or allowance: $800
• With or after notice of appeal: $1,100
• In a patent or reissue: $1,400

These fee adjustments reflect the USPTO’s efforts to optimize its operations and support its strategic goals. Applicants should be aware of these changes and plan accordingly for patent applications and related processes in FY 2025 and beyond.