The U.S. Patent and Trademark Office (USPTO) announced that effective January 19, 2025, most patent fees will increase by an average of 7.5%, with some categories seeing even sharper hikes—up to 100% in certain cases. For companies relying on patent protection as part of their innovation strategy, this change has direct financial and strategic implications. Whether you’re managing an IP portfolio in-house, leading an early-stage company, or investing in tech-driven ventures, it’s important to understand how these updates may impact your budgeting, filing timelines, and IP planning in the coming year.
Key Fee Increases
- Utility Patent Filings: Filing, search, and examination fees for a standard utility application will increase from $1,820 to $2,000.
- Design Patent Filings: The combined filing cost for design applications jumps from $1,120 to $1,300.
- Requests for Continued Examination (RCEs):
- First RCE: $1,500 (up from $1,360)
- Additional RCEs: $2,860 (a 43% increase)
- Late Continuation Fees (new charges):
- Filed 6+ years after the earliest benefit date: $2,700
- Filed 9+ years later: $4,000
- Issue Fees:
- Utility patents: $1,290 (slight increase)
- Design patents: $1,300 (up from $740 — a 76% increase)
- Excess Claims:
- Independent claims above 3: $600 each (previously $480)
- Total claims above 20: $200 each (double the current fee)
- Extensions of Time:
- Each month of delay will cost more (e.g., a 3-month extension rises from $1,480 to $1,590)
- Information Disclosure Statement (IDS): New tiered fees based on volume of references:
- 51–100 references: $200
- 101–200: $500
- 200+: $800
- Post-Grant Proceedings (AIA Trials):
- Inter partes review (IPR) and post-grant review (PGR) fees will increase by 25% across the board, e.g., an IPR request will now cost $23,750 for up to 20 claims (previously $19,000).
Strategic Considerations for Businesses, Startups, and Investors
1. Streamline Patent Strategy
- Limit excess claims to avoid rising per-claim charges.
- Emphasize early clarity and efficiency in prosecution to reduce the need for continued examination (RCEs).
- Avoid “late” continuations when possible by aligning filing timelines with long-term IP strategy.
2. Cost Awareness for Startups and VCs
- Startups should factor these rising costs into their fundraising projections, especially those planning to build portfolios in the U.S.
- VC firms should diligence IP costs as part of startup investment reviews, especially for companies with aggressive filing plans or pending continuations.
3. Utilize Entity Status Discounts
If your company qualifies as a small or micro entity, make sure you’re claiming those reductions – but be aware that improper claims can risk enforceability later on.
Plan Ahead
Proactive IP management is essential. A well-structured patent strategy—filed on time, with efficient claims and strong early prosecution—can help minimize financial impact while protecting innovation value.
Need Help Navigating Patent Fee Changes? If you’d like help evaluating your current patent filing plans or updating your strategic IP governance, these fee increases don’t have to derail your innovation strategy. Our team at CrossBorder IP helps companies, startups, and investors optimize their patent approach to balance protection with cost-efficiency.