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PCT and USPTO fees are scheduled to increase on October 1 and October 2, 2020, respectively. In view of the fee increases, applicants may wish to file new applications, file post-grant requests, and/or submit documents in existing applications that require any fee payment, prior to October 1, 2020 (for new PCT applications) or October 2, 2020 (for new or existing US applications or proceedings).
A summary of the changes for common fees is provided in Tables 1 and 2. The fee amounts in Tables 1 and 2 are shown for undiscounted entity status only; fees for small entity status applicants will continue to be reduced by 50%, and fees for micro entity status applicants will continue to be reduced by 75% under the new fee schedule.1
Table 1. PCT Fee Increase, effective October 1, 2020.
| Fee Type | Amount before October 1, 2020 | Amount on or after October 1, 2020 |
|---|---|---|
| International Filing Fee (first 30 pages – electronic filing, without ePCT or PCT-EASY.zip file) | $1,236 | $1,337 |
| International Filing Fee (first 30 pages – electronic filing, with ePCT or PCT-EASY.zip file) | $1,136 | $1,229 |
| Supplemental Fee for each page over 30 | $15 | $16 |
| Handling Fee | $201 | $217 |
| Transmittal Fee | $240 | $260 |
| International Search Fee for USPTO as ISA | $2,080 | $2,180 |
Table 2. USPTO Fee Increase, effective October 2, 2020.
| Fee Type | Amount before October 1, 2020 | Amount on or after October 1, 2020 |
|---|---|---|
| Application Filing Fees | ||
| Provisional Application Filing Fee | $280 | $300 |
| Non-Prov/US National Stage Basic Filing Fee | $300 | $320 |
| Utility Application Search Fee | $660 | $700 |
| Utility Application Examination Fee | $760 | $800 |
| Application Size Fee (for each additional 50 sheets that exceeds 100 sheets) | $400 | $420 |
| Commonly Paid Fees during Prosecution | ||
| Information Disclosure Statement (IDS) Submission | $240 | $260 |
| Request for Continued Examination (RCE) – first request | $1,300 | $1,360 |
| Request for Continued Examination (RCE) – second and subsequent requests | $1,900 | $2,000 |
| Notice of Appeal | $800 | $840 |
| Terminal Disclaimer | $160 | $170 |
| Extension of Time, 1-month | $200 | $220 |
| Extension of Time, 2-months | $600 | $640 |
| Extension of Time, 3-months | $1,400 | $1,480 |
| Issuance and Post-Grant Fees | ||
| Issue Fee | $1,000 | $1,200 |
| Patent Maintenance Fee, 3.5 years | $1,600 | $2,000 |
| Patent Maintenance Fee, 7.5 years | $3,600 | $3,760 |
| Patent Maintenance Fee, 11.5 years | $7,400 | $7,700 |
| Surcharge for Late Maintenance Fee Payment within six months | $160 | $500 |
| Post-Grant Proceedings Fees | ||
| Inter-Partes Review (IPR) Request Fee – up to 20 claims | $15,500 | $19,000 |
| Inter-Parties Review (IPR) Post-Institution Fee | $15,000 (up to 15 claims) | $22,500 (up to 20 claims) |
| Post-Grant Review (PGR) Request Fee – up to 20 claims | $16,000 | $20,000 |
| Post-Grant Review (PGR) Post-Institution Fee | $22,000 (up to 15 claims) | $27,500 (up to 20 claims) |
An overview of the PCT fee changes is available here. A complete schedule of the USPTO fee increases effective October 2, 2020 can be found here.
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