Blog Big Molecule Watch October 05, 2020

First Patent Fee Increase In Almost Three Years Affects Costs Of IPR and PGR Proceedings

On October 2, 2020, the United States Patent and Trademark Office (USPTO) adjusted its patent fees for the first time in almost three years, including an approximately 5% increase to most fees impacted by the rule.

For IPRs, the minimum fees increased from $30,500 to $41,500, including the fee for a request, which now covers up to 20 claims instead of only 15 claims, increasing from $15,500 to $19,000, and the post-institution fee increasing from $15,000 to $22,500. For PGRs, the minimum fees increased from $38,000 to $47,500, including the fee for a request, which now covers up to 20 claims instead of only 15 claims, increasing from $16,000 to $20,000, and the post-institution fee increasing from $22,000 to $27,500.

The USPTO stated that “[t]he overall strategy of the Final Rule is to establish a fee schedule that generates sufficient multi-year revenue to recover the aggregate costs of maintaining USPTO patent-related operations and accomplishing the USPTO’s patent-related strategic goals.”

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