The United States Patent and Trademark Office (USPTO) recently proposed a new fee structure for fiscal year 2025, which includes significant increases in various patent fees. [Read the Notice of Proposed Rulemaking] While incremental fee adjustments are common, the proposed changes for FY2025 are particularly noteworthy due to their magnitude in certain targeted areas and potential impact on applicant behavior. Many filers will likely change their practices based on the new higher fees. The USPTO appears to be using these fee adjustments as a tool to shape patent prosecution strategies, encouraging more compact patent applications and smaller patent families. However, the USPTO is also seeking ways to ensure that the agency remains financially solvent and able to perform its statutory duties in the face of inflation and the Unleashing American Innovators Act of 2022 which reduced patent fees for small and micro entity applicants. The USPTO's proposed fee increases are largely unchanged from the plan announced last year.
One of the most striking changes in the proposed fee structure . . .
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Law Professor at the University of Missouri School of Law. View all posts by Dennis Crouch →
Dennis Crouch Professor, University of Missouri School of Law SSRN Articles Follow Dennis on LinkedIn Jason Rantanen Professor, University of Iowa College of Law SSRN Articles Occasional guest posts by IP practitioners and academics
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