USPTO Seeking Comments on Proposed Patent Fee Adjustments

Washington – The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today issued a notice of proposed rulemaking(link is external) (NPRM) proposing to set or adjust certain patent fees, as authorized by the Leahy-Smith America Invents Act (AIA). The proposed fees are projected to recover the aggregate estimated cost of the USPTO’s patent operations, Patent Trial and Appeal Board (PTAB) operations, and administrative services.
The last major patent fee setting using AIA authority became effective in March 2013. As part of the USPTO’s continued commitment to fiscal responsibility, financial prudence and operational efficiency, the Office comprehensively reviews fee levels on at least a biennial basis. The fee review process incorporates a thorough evaluation of the existing fee schedule as well as research and analysis on potential revisions to the schedule. The Office conducted a fee review in FY 2015 to assess the effectiveness of the existing fee schedule. From the fee review, the Office developed several fee change proposals, which were consolidated and presented to the Patent Public Advisory Committee (PPAC) in October 2015 as an initial fee setting proposal. The PPAC conducted a public hearing in November 2015 and accepted public comments before preparing a written report in response to the initial proposal. The Office considered the PPAC report (released in February 2016) when it developed the NPRM.