February 1, 2023

Volume XIII, Number 32


February 01, 2023

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January 30, 2023

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U.S. Patent and Trademark Office Reduces Patent Issue and Assignment Fees

Earlier this year, the U.S. Patent and Trademark Office (PTO) announced changes to most fees to reflect the actual cost of performing the associated tasks. While the PTO raised many fees related to filing and prosecuting a patent application, it also announced that it would reduce patent issue fees and the fee for recording an assignment. Most of the fee reductions were delayed until January 2014. Therefore, effective January 1, 2014, the following fees will be reduced:

  • Utility patent and reissue patent issue fees will decrease from $1,780 to $960;

  • Design patent issue fee will decrease from $1,020 to $560;

  • Plant patent issue fee will decrease from $1,400 to $760;

  • Utility publication fee for early, voluntary, or normal publication will be eliminated (reduced from $300); and

  • Recording an assignment electronically will be free (reduced from $40).

Also, while fees for filing a PCT application will remain unchanged for large entities, most PCT filing fees will now be discounted by 50 percent for small entities and by 75 percent for micro-entities.

Whether a fee is impacted by the new schedule is determined by the date the fee is paid. That is, any issue fees or fees for recording an assignment will be reduced if the fees are paid after January 1, 2014. For example, if an issue fee is due after January 1, 2014, it may be beneficial to wait until after this date to submit the payment.

However, it may not be possible or desirable to wait until after January 1, 2014 to pay these fees, and the fees described above may not be the only driving factor. 

©2023 MICHAEL BEST & FRIEDRICH LLPNational Law Review, Volume III, Number 296

About this Author

Richard Kaiser, Michael Best, patent prosecution lawyer, inter partes review legal counsel,

Rich has a strong track record in intellectual property law, specializing in all stages of the patenting process for mechanical arts and technologies. He helps clients build patent portfolios, avoid or invalidate competitor patents, and defend against infringement claims.

Through his extensive experience with utility and design patents, Rich has become a trusted, long-term business partner to producers and manufacturers. Rich works closely with clients, providing meaningful guidance on their U.S. and international patent strategies. Clients...

Brian Marstall, Michael Best Law Firm, Intellectual Property and Patent Attorney

Brian’s practice is dedicated to obtaining robust patent protection for his clients’ innovation and developing strategies to minimize their patent infringement risk.

Brian has significant experience counseling clients with respect to a wide range of intellectual property issues, including patentability, clearance, and invalidity of utility and design patents. He regularly represents clients in the mining and heavy manufacturing industries, and he has significant experience in technologies including underground and surface mining machines, ...