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.
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Section 10 of the America Invents Act (AIA) authorizes the Director of the USPTO to set or adjust by rule all patent and trademark fees established, authorized, or charged under title 35 of the U.S. Code and the Trademark Act of 1946 (15 U.S.C. § 1051 et seq.), respectively. Section 4 of the Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018 (SUCCESS Act) amended the AIA to extend this authority by an additional eight years. When fees are set, the aggregate revenue from the patent fees may only recover the aggregate estimated cost of the patent operations, including administrative costs to the USPTO. Likewise, the aggregate revenue from the trademark fees may only recover the aggregate estimated cost of the trademark operations, also including administrative costs to the USPTO.
When the USPTO proposes to set or adjust fees for "filing, searching, examining, issuing, appealing, and maintaining patent applications and patents" as permitted by the AIA, those proposed fees will include a 60% reduction for small entities and an 80% reduction for micro entities as provided for in section 10(b) of the AIA as amended by the Unleashing American Innovators Act of 2022 (UAIA). Prior to enactment of the UAIA on December 29, 2022, the reductions were 50% for small entities and 75% for micro entities. The applicants qualifying for a small entity discount (60%) will be those who meet the "small entity" definition in 35 U.S.C. § 41(h)(1). The applicants receiving a micro entity discount (80%) will be those who certify that they meet the "micro entity" definition outlined in Section 10(g) of the AIA.
The AIA outlines the process the USPTO will use when setting or adjusting fees by rule. This process is intended to be inclusive with two different points in time for the public to comment on proposed fee amounts.
Latest patent fee setting information
Setting and Adjusting Patent Fees During Fiscal Year 2025 Final Rule and Supplemental Materials
On November 20, 2024, the USPTO issued a final rule to set or increase certain patent fees as authorized by the AIA, as amended by the SUCCESS Act. The fee adjustments are needed to provide the agency with sufficient aggregate revenue to recover the aggregate costs of patent operations in future years (based on current projections) and to allow the agency to continue progress toward achieving its strategic goals.
The supplemental materials in support of the final rule are below:
89 FR 91898 Final Rule: Setting and Adjusting Patent Fees During Fiscal Year 2025
Regulatory Impact Analysis
Final Rule: At-a-Glance
Table of Patent Fees: Current, Final Patent Fee Schedule, and Unit Cost
Activity Based Information and Patent Fee Unit Expense Methodology
Final Regulatory Flexibility Act Tables
Aggregate Revenue Estimating Methodology
Aggregate Revenue Tables
Small Entity Compliance Guide
Setting and adjusting patent fees during Fiscal Year 2025 Notice of Proposed Rulemaking and Supplemental Materials
On April 3, 2024, the USPTO issued a notice of proposed rulemaking (NPRM) to set or increase certain patent fees as authorized by the AIA, as amended by the SUCCESS Act. The proposed fee adjustments are needed to provide the agency with sufficient aggregate revenue to recover the aggregate costs of patent operations in future years (based on current projections) and to allow the agency to continue progress towards achieving strategic goals. The supplemental materials in support of the NPRM are below.
89 FR 23226 Notice of Proposed Rulemaking – Setting and Adjusting Patent Fees during Fiscal Year 2025
Regulatory Impact Analysis
Patent Fee Proposal, Notice of Proposed Rulemaking: At-a-Glance
Table of Patent Fees – Current, Proposed and Unit Cost (NPRM)
Activity Based Information and Patent Fee Unit Expense Methodology
Initial Regulatory Flexibility Act Tables
Aggregate Revenue Estimating Methodology
Aggregate Revenue Tables
Patent fee setting and adjusting proposal to PPAC
On April 20, 2023, the Director of the USPTO notified the Patent Public Advisory Committee (PPAC) of the agency's intent to set or adjust patent related fees and submitted a preliminary patent fee proposal with supporting materials. The preliminary patent fee proposal and associated materials are below.
88 FR 24392 - Notice of Public Hearing - PPAC
Letter from the Director to PPAC
Table of Proposed Patent Fee Adjustments
Table of Patent Fees – Current, Proposed and Unit Cost
Patent Fee Proposal Executive Summary
Patent Fee Proposal Background Information
PPAC Hearing Agenda
PPAC Public Hearing - USPTO Presentation
PPAC Fee Setting Hearing Event Details
PPAC Fee Setting Report
Latest trademark fee setting information
Setting and adjusting trademark fees during Fiscal Year 2025 Final Rule and Supplemental Materials
On November 18, 2024, the USPTO issued a final rule to set or increase certain trademark fees as authorized by the AIA, as amended by the SUCCESS Act. The fee adjustments are needed to provide the agency with sufficient aggregate revenue to recover the aggregate costs of trademark operations in future years (based on current projections) and to allow the agency to continue progress toward achieving its strategic goals.
The supplemental materials in support of the final rule are below:
89 FR 91062 Final Rule: Setting and Adjusting Trademark Fees During Fiscal Year 2025
Final Rule: At-a-Glance
Table of Trademark Fees: Current, Final Trademark Fee Schedule, and Unit Cost
Activity Based Information and Trademark Fee Unit Expense Methodology
Final Regulatory Flexibility Act Tables
Aggregate Revenue Estimating Methodology
Aggregate Revenue Tables
Small Entity Compliance Guide
Setting and adjusting trademark fees during Fiscal Year 2025 Notice of Proposed Rulemaking and Supplemental Materials
On March 26, 2024, the USPTO issued a notice of proposed rulemaking (NPRM) to set or increase certain trademark fees as authorized by the AIA, as amended by the SUCCESS Act. The proposed fee adjustments are needed to provide the agency with sufficient aggregate revenue to recover the aggregate costs of trademark operations in future years (based on current projections) and to allow the agency to continue progress towards achieving strategic goals. The supplemental materials in support of the NPRM are below.
89 FR 20897 - Notice of Proposed Rulemaking – Setting and Adjusting Trademark Fees during Fiscal Year 2025
Trademark Fee Proposal, Notice of Proposed Rulemaking: At-a-Glance
Table of Trademark Fees – Current, Proposed, and Unit Cost (NPRM)
Activity Based Information and Trademark Fee Unit Expense Methodology
Initial Regulatory Flexibility Act Tables
Aggregate Revenue Estimating Methodology
Aggregate Revenue Tables
Trademark fee setting and adjusting proposal to TPAC
On May 8, 2023, the Director of the USPTO notified the Trademark Public Advisory Committee (TPAC) of the agency’s intent to set or adjust trademark related fees and submitted a preliminary trademark fee proposal with supporting materials. The preliminary trademark fee proposal and associated materials are below.
88 FR 25623 - Notice of Public Hearing - TPAC
Letter from the Director to TPAC
Table of Proposed Trademark Fee Adjustments
Table of Trademark Fees – Current, Proposed and Unit Cost
Trademark Fee Proposal Executive Summary
Trademark Fee Proposal Background Information
TPAC Fee Setting Hearing Event Details
TPAC Fee Setting Hearing Agenda
TPAC Public Hearing - USPTO Presentation
TPAC Fee Setting Report
Unleashing American Innovators Act (UAIA) fee study
The Unleashing American Innovators Act of 2022 (UAIA) was signed into law on December 29, 2022. Among other provisions, the UAIA directed that the USPTO conduct a study to assess whether fees for small and micro entities inhibit the filing of patent applications; whether fees for application examination should approximately match examination costs, and the incentive effect of maintenance fees covering examination costs; whether any changes to the fee structure are needed; and any recommendations for administrative and legislative action.
The USPTO commissioned the study of the agency’s fee structure, which was conducted by academic economists Gaétan de Rassenfosse of Ecole polytechnique fédérale de Lausanne, Switzerland, and Adam B. Jaffe of Brandeis University, and Motu Economic and Public Policy Research, New Zealand. In addition, the USPTO created a summary report that provides a high-level overview of the authors’ findings.
Report to Congress
The summary report was transmitted to Congress on December 27, 2024, and found that:
- Under the current fee structure, USPTO fees do not inhibit the filing of patent applications by small and micro entities; these filers are more heavily influenced by factors external to the USPTO.
- Complementary measures such as outreach or legal assistance programs (e.g., programs highlighted in the UAIA - Additional Regional Offices Study and the UAIA - Study of the Patent Pro Bono Programs) could have a greater positive impact on small and micro entity participation rates.
- The USPTO’s fee schedule structure, which defers about half of the examination costs to the payment of maintenance fees, does not impact or incentivize examination and patenting decisions.
- The current USPTO fee structure, including the agency’s temporary fee setting authority, is potentially superior to other models considered because of its benefits for applicants and patentees.
- Continuing applications are an area for potential fee changes because the USPTO does not recover the examination costs for these applications if they expire before all maintenance fees come due. The USPTO addressed this issue as part of its most recent fee setting effort.
- There is value in lengthening the USPTO’s fee setting authority beyond the September 2026 extension included in the SUCCESS Act.
UAIA – Fee Study Summary Report
Detailed reports
- The Effect of Application Fees on Entry into Patenting
- Ensuring broad access to the patent system is crucial for fostering innovation and promoting economic growth. To support this goal, the USPTO offers reduced fees for small and micro entities. This paper investigates whether fee rates affect the filing of applications by small and micro entities. Exploiting recent fee reforms, the study evaluates the econometric relationship between fee changes and the number of new entrants, controlling for potential confounding factors such as legislative changes. The findings suggest that fee reductions alone are insufficient to significantly increase participation in the patent system among small and micro entities.
- Framework for Analysis of U.S. Patent Fee Structure Options
- The USPTO is mandated by Congress to charge fees for its services that, in the aggregate, cover the costs of the patent process. Congress has also mandated discounts to most patent fees for small and micro entities. Other aspects of the fees for different services are set by the USPTO within the mandate for overall revenue balance. The choices that determine this fee structure involve tradeoffs among multiple goals and considerations. This paper lays out a framework for analytical consideration of these tradeoffs, and then highlights the specific tradeoffs that are affected by the major fee structure choices.
Previous fee setting information
