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Final Rules for USPTO Patent Fee Changes Expected in Summer of 2017

December 14, 2016

Final Rules for USPTO Patent Fee Changes Expected in Summer of 2017

December 14, 2016

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The period for stakeholder comments on the latest proposal of fee changes by the USPTO concluded on December 2, 2016.  Per USPTO officials, a set of Final Rules is expected to be published in the Summer of 2017.  The proposed rules include some significant increases, some of which are included below.  A full list of the proposed changes can be found here.

Post-Grant Procedures:

  • Inter Partes Review Request Fee (up to 20 claims) has a proposed increase to $14,000, an increase of $5,000;
  • Inter Partes Review Post-Institution Fee (up to 15 claims) has a proposed increase to $16,500, an increase of $2,500;
  • Post-Grant or Covered Business Method (CBM) Review Request Fee (up to 20 claims) has a proposed increase to $16,000, an increase of $4,000; and
  • Post-Grant or Covered Business Method Review Post-Institution Fee (up to 15 claims) has a proposed increase to $22,000, an increase of $4,000.

Utility and Design Filings:

  • Large entity utility filing, searching, and examination fee rates are proposed to increase to $300 (+$20), $660 (+$60), and $760 (+$40) respectively.
  • Large entity design filing, searching, and examination fee rates are proposed to increase to $200 (+$20), $160 (+$40), and $600 (+$140), respectively.
  • Discounts for small and micro entities will remain available.

RCE Fees:

  • The large entity fee for the first RCE request has a proposed increase to $1,300, an increase of $100.
  • 2nd and subsequent RCEs have proposed increases to $1,900, an increase of $200.

Information Disclosure Statement Filings:

  • Large entity fees are proposed to increase to $240, an increase of $80.

PTAB-Related Appeals:

  • The large entity cost of filing a Notice of Appeal has increased $200 to $1,000.
  • Forwarding an Appeal in an Application or Ex Parte Reexamination to the PTAB Board has increased $500 to $2,500 for large entities.

Fish will provide updates as further information is made available by the USPTO and the Final Rules are released.


The opinions expressed are those of the authors on the date noted above and do not necessarily reflect the views of Fish & Richardson P.C., any other of its lawyers, its clients, or any of its or their respective affiliates. This post is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship is formed.

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Jonathan A. Solomon | Principal

Jonathan’s practice emphasizes client counseling, patent prosecution, and portfolio management in a number of technical fields, including computer software, telecommunications, and financial technologies. His clients include international Fortune 500 companies, mid-sized businesses,...

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