Introduction
Patent fees change, and the correct fee depends on the requested action and applicable eligibility rules. This is a practical reference guide, not an announcement of a specific new rule or a firm fee schedule. Using the official schedule and reviewing entity status helps avoid building a filing budget around outdated assumptions.
Key Takeaways
- Use the live USPTO fee schedule for current government fees.
- Small-entity and micro-entity status have specific eligibility requirements.
- Reassess eligibility when ownership, licensing or other relevant facts change.
Check the official information
The USPTO fee schedule lists fees for filing, examination, extension requests, continued examination, issuance and other actions. The application type and particular filing can affect the amount.
Separate government fees from professional fees, searches, drawings and foreign associate expenses. A reduced government fee does not describe the entire cost of obtaining protection.
Entity status is a legal eligibility question
Small-entity status depends on applicable rules concerning the applicant or owner and obligations to other parties. Micro-entity status requires additional qualifying conditions; it is not merely another name for a small business.
Assignments, licenses and other arrangements can change the analysis. Eligibility should be reviewed rather than assumed from a company’s headcount or the inventor’s circumstances alone.
Practical Implications
Before paying a fee, confirm the action, application type, entity status and any relevant timing requirements. Provide counsel with ownership and licensing information.
Check official USPTO notices for changes that affect your matter. This page intentionally does not quote amounts that could become stale or imply that a recent policy development has been verified.
Conclusion
Use current official fee information and verify entity-status eligibility for the matter at hand. Revisit that assessment when ownership, licensing or other relevant circumstances change.
Attorney Bio
Cary W. Brooks, Registered Patent Attorney
Founder of BrooksGroup. His experience includes patent prosecution and litigation, and 16 years as a patent attorney at General Motors.
View full profileLegal Disclaimer
This article is provided for general informational purposes and does not constitute legal advice. Reading this article does not create an attorney-client relationship.