September 12, 2008

The USPTO has released its fee schedule to take effect on October 2, 2008, which will supersede the current fee schedule last updated on August 1, 2008. The following list contains some (but not all) of the fee changes. A complete listing of the new fees is provided in the link below.

Basic filing fee – Utility (37 C.F.R. § 1.16(a)(1)) – increasing by $20 to $330 for large entities and by $10 to $165 for small entities

Basic filing fee - Utility (electronic filing for small entities) (37 C.F.R. § 1.16(a)(1)) – increasing by $7 to $82

Independent claims in excess of three (37 C.F.R. § 1.16(h)) – increasing by $10 to $220 for large entities and by $5 to $110 for small entities for each claim

Claims in excess of 20 (37 C.F.R. § 1.16(i)) – increasing by $2 to $52 for large entities and by $1 to $26 for small entities for each claim

Multiple dependent claim (37 C.F.R. § 1.16(j)) – increasing by $20 to $390 for large entities and by $10 to $195 for small entities for each claim

Utility Search Fee (37 C.F.R. § 1.16(k)) – increasing by $30 to $540 for large entities and by $15 to $270 for small entities

Utility Examination Fee (37 C.F.R. § 1.16(o)) – increasing by $10 to $220 for large entities and by $10 to $110 for small entities

Utility issue fee (37 C.F.R. § 1.18(a)) – increasing by $70 to $1,510 for large entities and by $35 to $755 for small entities

Maintenance fee due at 3.5 years (37 C.F.R. § 1.20(e)) – increasing by $50 to $980 for large entities and by $25 to $490 for small entities

Maintenance fee due at 7.5 years (37 C.F.R. § 1.20(f)) – increasing by $120 to $2,480 for large entities and by $60 to $1,240 for small entities

Maintenance fee due at 11.5 years (37 C.F.R. § 1.20(g)) – increasing by $200 to $4,110 for large entities and by $100 to $2,055 for small entities

** The following links may be changed by the USPTO on or about October 2, 2008, so to visit the then-current USPTO fee structure, please click HERE to visit the main USPTO fee page.

Current Fee Schedule: LINK
October 2, 2008 Fee Schedule: LINK

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Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

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