In the midst of routine 5-10% government fee updates, the USPTO has embedded significant new fees geared to incentivize patent applicants to self-limit their use of powerful continuation strategies. For example, entrepreneurial innovators and cash-strapped startups may focus initially on more rapid allowance of patent claims targeting current key product features, thereby showing value to investors and protecting their MVP. However, a Continuation patent application strategy allows such early innovators to continue harvesting the value of their groundbreaking ideas (within a maximum window of about 20 years) as funding increases or the market shifts by seeking additional patent claims with broader claim scope or adjusted to reflect product updates. With these new fees, the USPTO penalizes this strategy with a $2700 fee ($1080 for small entities) for each application filed after 6 years, and a $4000 fee ($1600 for small entities) after 9 years.
Because the new fees go into effect on January 18, 2024, together with a doubling of fees for every claim more than 20, business owners with a pending application and who may benefit from a continuation strategy may want to consider filing promptly to avoid unnecessary additional government fees.
Fees for US registration for international design applications are also increasing by 27-76%. Foreign and domestic applicants contemplating an international design strategy may want to file promptly in the next couple of weeks to reduce the impact of the new fees.
The 2025 fee package includes additional new fees including 43% increases in Requests for Continued Examination (occasionally needed when examination takes more than 2 responses, such as in some software examination groups with a policy of multiple rejections before allowance). Additionally, the USPTO has added an escalating fee set for legally mandated disclosure of references to the examiner during examination. Revival of unintentionally abandoned applications is also increasing significantly. Although most of these fees will not likely compel immediate action of applicants, 2025 company IP budgets will want to reflect these increased fees.
If you have any questions about the fee increases, or building a patent portfolio strategically focused on revenue generation, I invite you to message me for a quick chat to see how I can help.
