Intellectual Property Law

USPTO Final Rule on New Fee Structure

The U.S. Patent and Trademark Office (USPTO) published a final rule introducing a significant new fee structure for continuing patent applications. This rule, set to take effect on January 19, 2025, establishes additional fees for any continuing application filed at least six years after its earliest benefit date (EBD). The final rule introduces two levels of additional fees for continuing applications filed six or more years after their EBDs. These fees are in addition to the regular filing and examination fees, which are also increased under the new rules. For undiscounted entities, the following changes will apply:

  • $2,700 Fee: Continuing applications filed six or more years after their EBDs but less than nine years after will incur a one-time fee of $2,700 ($1,080 for small entities).
  • $4,000 Fee: Continuing applications filed nine or more years after their EBDs will incur a higher, one-time fee of $4,000 ($1,600 for small entities).

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