Setting and Adjusting Patent & Trademark Fees During Fiscal Year 2025 for the USPTO

Written November 21, 2024

Setting and Adjusting Patent Fees During Fiscal Year 2025 for the USPTO

On November 20, 2024, the USPTO published the final rule on “Setting and Adjusting Patent Fees During Fiscal Year 2025”. The final rule will go into effect on January 19, 2025, and may be found at 89 FR 91898 (Nov. 20, 2024).

The USPTO estimates that the Patents program will cost a total of $3.973 billion in FY 2025, including $2.835 billion for patent examining, $90 million for patent trial and appeals, $159 million for patent information resources, $24 million for activities related to IP protection, policy, and enforcement, and $866 million for general support costs necessary for patent operations.

Overall, the budget will increase by about 7.5%, with some targeted and new fees.

Of specific note is that the After Final Consideration Pilot Program (AFCP) 2.0 will expire on Dec. 14, 2024, the proposed tiered terminal disclaimer fees will not be implemented, continuing application fees will be added if filed after 6 or 9 years from the “earliest benefit date” (EBD), and new tiered fees will be required for filing information disclosure statements that include more than 50, 100, or 200 references. AIA trial fees are generally increased by 25%.

See here for a complete summary.

Setting and Adjusting Trademark Fees During Fiscal Year 2025 for the USPTO

The USPTO issued new rules altering its fee schedule. A summary of the final fee changes that will have the most effect on users is below (including AIPLA’s position, if any, are below).

The USPTO’s stated purpose of the fee changes is to achieve overall aggregate cost recovery based on historical, current, and projected operating costs. The fee changes trend toward increases in costs due to their forecast that operating costs will exceed revenue costs under the current fee schedule due to “lower-than-expected” demand for trademark services.

The USPTO began public discussion on the fee changes on May 8, 2023 with their Preliminary Trademark Fee Proposal (“PTFP”). TPAC held a public hearing was held on June 5, 2023 in connection with the PTFP. The USPTO then issued the Notice of Proposed Rulemaking (“NPRM”) on March 26, 2024.

AIPLA submitted written comments on behalf of its members in response to the PTFP and NPRM. AIPLA also attended the hearing on June 5, 2023.

The USPTO issued the final rule on the Fee Changes on November 18, 2024.

See here for the complete summary.