Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Patent Filers May Suffer Sticker Shock Next Year as USPTO Hikes Patent Fees

Author: Scarinci Hollenbeck, LLC

Date: December 19, 2017

Key Contacts

Back

USPTO Recently Issued Final Rule Raising Certain Patent Fees

The U.S. Patent and Trademark Office (USPTO) recently issued a final rule raising certain patent fees. While many filers may have sticker shock, there is an upside — The additional fee collections should help the agency reduce its backlog, decrease wait times, and make needed technology improvements.

Patent Filers May Suffer Sticker Shock As USPTO Hikes Patent Fees
Photo courtesy of Sergey Zolkin (Unsplash.com)

The American Invents Act (AIA) authorizes the USPTO to set or adjust all patent and trademark fees established, authorized, or charged under Title 35 of the U.S. Code and the Trademark Act of 1946. When fees are set, the aggregate revenue from the patent fees may be used to recover the aggregate estimated cost of patent operations, including administrative costs to the USPTO. 

The USPTO last adjusted its fees under the AIA in 2013. The latest changes become effective on January 16, 2018.

USPTO’s Final Changes to Patent Fees

The USPTO published a table summarizing all of the new or adjusted fees. Below are several notable changes:

  • Inter Parte Review: Inter Parte review and post-registration fees are going up from $21,000 to $30,500 (a 33% increase).
  • Utility Patents: The filing fee will increase 7% from $280 to $300; the search fee will increase 10% from $600 to $660; the examination fee will increase 6% from $720 to $760; and the issue fee will increase 4% from $960 to $1,000.
  • Provisional Patents: The application filing fee will increase 8% from $260 to $280.
  • Design Patents: The filing fee will increase 11% from $180 to $200; the search fee will increase 33% from $120 to $160; the examination fee will increase 30% from $460 to $600; and the issue fee will increase 25% from $560 to $700.
  • Excess Claim Fees: The cost to file each independent claim in excess of three will increase 10% from $420 to $460, while the cost of each claim in excess of 20 will increase 25% from $80 to $100. Multiple dependent claims will increase 5% from $780 to $820.

Patent Filing Discounts for Start-Ups and Other Small Businesses

The USPTO does provide discounted patent fees for start-ups and other small businesses. In most cases, small entities pay 50% of the standard fee, while micro-entities pay 25%. Maintenance fees are similarly reduced for small businesses.

To qualify for discounted patent fees, small entities must meet the definition of “small business concern” under § 3 of the Small Business Act (most significantly that they must not have more than 500 employees).

To qualify as a micro entity, an applicant must meet all of the following criteria:

  • Qualify as a USPTO-defined small entity;
  • Not be named on more than four previously filed applications; and
  • Not have a gross income more than three times the median household income in the previous year from when the fee(s) is paid (currently $155,817).

There are other strategies available to reduce the cost of pursuing patents. To determine the best course of action for your business, it is essential to work with an experienced intellectual property attorney.

Do you have any questions? Would you like to discuss the matter further? If so, please contact me, David Einhorn, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
New York NDA Requirements for Businesses post image

New York NDA Requirements for Businesses

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]

Author: Dan Brecher

Link to post with title - "New York NDA Requirements for Businesses"
New Jersey Will Contest Grounds Explained post image

New Jersey Will Contest Grounds Explained

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]

Author: Marc J. Comer

Link to post with title - "New Jersey Will Contest Grounds Explained"
Legal Issues Before Bringing on Investors post image

Legal Issues Before Bringing on Investors

Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]

Author: Dan Brecher

Link to post with title - "Legal Issues Before Bringing on Investors"
SECURE 2.0 RMD Planning Strategies post image

SECURE 2.0 RMD Planning Strategies

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]

Author: Marc J. Comer

Link to post with title - "SECURE 2.0 RMD Planning Strategies"
Buying Commercial Property in New Jersey: Legal Guide for Small Businesses post image

Buying Commercial Property in New Jersey: Legal Guide for Small Businesses

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]

Author: Robert L. Baker, Jr.

Link to post with title - "Buying Commercial Property in New Jersey: Legal Guide for Small Businesses"
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities post image

The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]

Author: Dan Brecher

Link to post with title - "The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!