USPTO Seeks to Increase Patent Fees

On April 3, 2024, the U.S. Patent and Trademark Office (UPSTO) announced a proposed rule to change the fee structure for patent applications. Similar to the recently proposed trademark rule, the proposed rule aims to 1) promote innovation strategies; 2) align fees with the full cost of trademark services; 3) set fees to facilitate the effective administration of the trademark system; and 4) offer application processing options. USPTO is only financed by user fees and is attempting to meet its financial goals while scaling up its processing and moving away from application backlogs.

This rule will increase almost all current patent fees and create new categories of fees. Patent applicants who meet the small or micro entity discounts will continue to receive a reduced fee. USPTO estimates that fees will go from $704 to $1,040 for applications receiving a small entity discount, and from $352 to $520 for applications receiving a micro entity discount.

The proposed rule will also create an After Final Consideration Pilot (AFCP) Program 2.0 which was first created in May 2013. The AFCP program will allow applicants an opportunity to have an examiner consider an amendment to the application after the usual timeframe.

Visit to submit comments.

Comments regarding the fee increase must be received before June 3, 2024.

Please contact David Mullis,, or 202-830-2292, with small entity concerns.

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