Client Alerts
October 04, 2013

Patent Fees Savings - Starting January 1, 2014

Stites & Harbison Update, October 4, 2013

by Stites & Harbison, PLLC


While most of the changes resulting from the Leahy-Smith America Invents Act (AIA) have been implemented, some fee provisions that will save applicants money will go into effect for fees PAID after January 1, 2014. These cost savings are substantial for all issue fees; are minor (but add up where multiple properties are involved) for the recording fees for electronically filed assignments; and are substantial for small entity PCT patent application fees. See the Table below comparing the old and new amounts.

In Practice. Until January, before paying such fees, consider if there is an option to delay payment until after January 1, 2014—especially for issue fees—and do so if you want to effect the cost savings.

US FEES14

Large
Entity
Small
Entity
Micro
Entity
Utility Patent Issue Fee
- 37 CFR § 1.18(a)
Old Amount
New Amount
$1,780
$ 960
$890
$480
$445
$240
Design Patent Issue Fee
- 37 CFR § 1.18(b)
Old Amount
New Amount
$1,202
$ 560
$510
$280
$255
$140
Plant Patent Issue Fee
- 37 CFR § 1.18(c)
Old Amount
New Amount
$1,400
$ 760
$700
$380
$350
$190
Utility Publication Fee
- 37 CFR § 1.18(d)
Old Amount
New Amount
$300
$0
$300
$0
$300
$0

Assignment Fee (Electronically Filed)
- 37 CFR § 1.21(h)

Old Amount
New Amount
$40
$0
$40
$0
$40
$0

PCT FEES

PCT Transmittal Fee
- 37 CFR § 1.445(a)(1)(i)

Old Amount
New Amount

$240
$240
$240
$120
$240
$ 60
PCT Search Fee
- 37 CFR § 1.445(a)(2)
Old Amount
New Amount
$2,080
$2,080
$2,080
$1,040
$2,080
$ 520
PCT Supplemental Search Fee
- 37 CFR § 1.445(a)(3)
Old Amount
New Amount
$2,080
$2,070
$2,080
$1,040
$2,080
$ 520
PCT Fee - Transmitting Appl. to
IB as RO
- 37 CFR § 1.445(a)(4)
Old Amount
New Amount
$240
$240
$240
$120
$240
$ 60
PCT Search Fee, designating US as ISA
- 37 CFR § 1.482(a)(1)(i)
Old Amount
New Amount
$600
$600
$600
$300
$600
$150
PCT Search Fee -non-US as ISA
- 37 CFR § 1.482(a)(1)(ii)
Old Amount
New Amount
$760
$760
$760
$380
$760
$190
PCT Supplemental Exam Fee,
per invention
- 37 CFR § 1.482(a)(2)
Old Amount
New Amount
$600
$600
$600
$300
$600
$150

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Intellectual Property & Technology Patent Prosecution & Protection