The United States Patent and Trademark Office (USPTO) has announced significant fee adjustments set to take effect in January 2025. These changes will impact both patent and trademark filings, and understanding how they may affect your intellectual property strategy is crucial for businesses and individuals alike.
This blog post breaks down the key changes, why they’re happening, and what you can do to prepare.
Why Are USPTO Fees Changing?
The USPTO periodically updates its fee structure to reflect the actual costs of processing applications and maintaining its systems. These changes aim to promote efficiency, keep pace with inflation, and encourage applicants to submit complete and accurate filings. The upcoming adjustments will affect a wide range of patent and trademark fees, creating potential cost implications for applicants at every stage of the IP lifecycle.
Summary of USPTO Fee Changes
The table below highlights some of the key fee adjustments for patents and trademarks:
Fee Type | Current Fee | New Fee (Effective Jan 2025) | Change |
Patent Filing Fee (Utility) | $320 | $352 | 10% |
Patent Search Fee (Utility) | $700 | $770 | 10% |
Patent Examination Fee (Utility) | $800 | $880 | 10% |
Continuing Application Surcharge | N/A | $2,700 (6+ years) / $4,000 (9+ years) | New surcharges for delayed continuing filings |
IDS Fee (51-99 references) | N/A | $200 | New fee |
IDS Fee (101-199 references) | N/A | $500 | New fee |
IDS Fee (200+ references) | N/A | $800 | New fee |
Trademark Application Fee (per class) | $250 (TEAS Plus) / $350 (Standard) | $350 (Unified) | TEAS options replaced by single fee structure |
Trademark Surcharge (Incomplete App) | N/A | $100 per class | New fee for missing information |
Character Count Fee | N/A | $200 per 1,000 characters over limit | New fee |
How Will These Changes Affect Trademark Owners?
For existing trademark owners or those planning to file, the new fee structure might lead to increased costs depending on the specifics of your trademark portfolio. Here are some key ways the changes could affect trademark owners:
Increased Costs for Multi-Class Applications: With the unified base fee of $350 per class, the cost of filing multi-class applications could increase for applicants who previously used the lower TEAS Plus option. For brands expanding into multiple product categories, this means higher up-front expenses.
Penalties for Incomplete Applications: The $100 per-class surcharge for incomplete filings could penalize trademark owners who fail to include all required details, such as descriptions of goods or services. Ensuring your application is complete and accurate will be more critical than ever to avoid these additional fees.
Higher Maintenance Costs for Complex Portfolios: If your trademark applications include long and detailed descriptions of goods or services, the new character count surcharge ($200 per 1,000 characters over the limit) might increase the overall cost of maintaining or updating your portfolio.
Greater Need for Professional Assistance: With the added complexity of these fee changes, trademark owners might find it increasingly valuable to consult with an attorney to streamline their filings and minimize unnecessary costs.
These changes emphasize the importance of planning ahead to manage your trademark filings efficiently, ensuring your portfolio is both cost-effective and fully protected.
How to Prepare for the USPTO Fee Changes
To minimize the impact of these fee adjustments, consider the following strategies:
File Early: If you’re planning to file a patent or trademark application, submitting it before January 2025 could help you avoid increased fees.
Review Application Completeness: Ensure your filings are accurate and complete to prevent additional surcharges, particularly for trademark applications.
Evaluate Filing Timelines: For patents, consider how the new surcharges for continuing applications might affect long-term strategies.
Seek Professional Guidance: Working with an intellectual property attorney can help you navigate these changes and optimize your approach.
How Brand Diplomacy Can Help
At Brand Diplomacy, we understand that USPTO fee changes can create uncertainty for businesses and individuals managing their intellectual property. Our team is here to guide you through these adjustments and help you develop a cost-effective strategy to protect your assets.
Here’s how we can assist:
Application Review and Filing: We’ll help you file early if needed and ensure your applications are accurate, complete, and concise to minimize additional costs.
Strategic Planning: Our team can advise on how these fee changes might affect your IP strategy, including multi-class trademark filings or complex patent portfolios.
Trademark and Patent Searches: A comprehensive search helps ensure your filings are unique and increases the likelihood of approval, saving time and money.
Ongoing Support: We offer monitoring and enforcement services to protect your intellectual property long after your registration is complete.
If you’re ready to protect your brand and inventions while navigating these changes, we’re here to help.
Stay Ahead of the Changes
The upcoming USPTO fee adjustments may feel daunting, but with careful planning, you can mitigate their impact on your IP strategy. By filing early, ensuring your applications are complete, and consulting with experts, you can stay ahead of these changes and continue to protect your intellectual property effectively.
Visit the USPTO’s official fee schedule for more details, or contact us at Brand Diplomacy for personalized assistance.
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