USPTO published proposed FY 2017 patent fee schedule in the Federal Register.
Purpose of fee increases:
Recover operational costs.
Improve patent quality and timeliness.
Strengthen international IP policy and enforcement.
205 patent fees proposed for increase.
Most increases are incremental.
Largest increases apply to AIA Trial (PTAB) proceedings.
Contents
AIA Trials (PTAB Proceedings)
Background
Established under the America Invents Act (AIA):
Inter Partes Review (IPR)
Post-Grant Review (PGR) / Covered Business Method (CBM)
Fees originally based on cost estimates.
USPTO now proposes increases based on 3 years of actual cost data.
Over 1,900 AIA Trial filings in FY 2015.
Goal: Align fees with actual costs and maintain quality within statutory deadlines.
Proposed Fee Increases (Large Entity)
Inter Partes Review (IPR)
Request Fee:
$9,000 → $14,000 (+$5,000)
USPTO cost: $22,165
Post-Institution Fee:
$14,000 → $16,500 (+$2,500)
USPTO cost: $12,674
Excess claims fees increased.
Post-Grant / CBM Review
Request Fee:
$12,000 → $16,000 (+$4,000)
USPTO cost: $16,213
Post-Institution Fee:
$18,000 → $22,000 (+$4,000)
USPTO cost: $23,060
Excess claims fees increased.
Small entities receive 50% reduction; micro-entities receive 75% reduction.
Other Notable Fee Changes
New Fee Types
Streamlined Ex Parte Reexamination
≤ 40 pages: $6,000 (half of standard fee).
Mega-Sequence Listings
300MB–800MB: $1,000
Over 800MB: $10,000
Justification: Extra storage and handling costs.
Fewer than 10 such applications per year.
Increased Common Fees
Notice of Appeal:
$800 → $1,000 (+$200)
Appeal Forwarding Fee:
$2,000 → $2,500 (+$500)
Petitions (late priority / revival after unintentional abandonment):
$1,700 → $2,000 (+$300)
Use of Increased Fees
1. Reduce Backlog & Pendency
Unexamined applications reduced:
608,283 (FY 2012) → 553,221 (FY 2015)
First Action Pendency:
21.9 months → 17.3 months
Total Pendency:
32.4 months → 26.6 months
2. Improve Patent Quality
Focus on Enhanced Patent Quality Initiative (EQPI):
Public engagement.
Improved search procedures.
Examiner training.
Better applicant-examiner interaction.
Implementation of new IT tools:
Patents End-to-End (PE2E) software system.
3. Build Operating Funds Reserve
Goal: 3-month operating reserve by FY 2020.
Purpose:
Maintain operations during:
Government shutdowns.
Temporary decreases in patent filings.
Key Takeaway
USPTO seeks to align fees with actual costs.
Major impact on PTAB/AIA proceedings.
Fee increases tied to backlog reduction, quality improvement, and financial sustainability.
