The United States Patent and Trademark Office (USPTO) has announced upcoming fee changes for both patents and trademarks.

• The trademark fee changes will go into effect on January 18, 2025.
• The patent fee changes will go into effect on January 19, 2025.

These adjustments are designed to ensure the USPTO has the resources to operate effectively and continue improving its services. 

Here's a breakdown of the key changes and what they mean for applicants:

Trademark Fees:

• New Application Fee Structure: The USPTO is moving away from the TEAS Standard and TEAS Plus application system. A new base application fee of $350 per class will be introduced.
• Surcharges for Free-Form Identifications: To encourage the use of standardized terms from the USPTO ID Manual, a $200 surcharge will be applied for using free-form language to identify goods and services.
  • An additional $200 surcharge will be applied for every 1,000 characters beyond the first 1,000 characters in free-form identifications.
• Increased Maintenance Fees:
  • Section 8 and 71 declarations (use) will increase to $325 per class.
  • Section 9 renewals will increase to $325 per class.
  • Section 15 declarations (incontestability) will increase to $250 per class.
• International Fees: Fees for applications and subsequent designations filed with the World Intellectual Property Organization (WIPO) will also see increases.
  • The application fee for applications filed with WIPO will increase to $600 per class.
  • The subsequent designation fee for applications filed with WIPO will increase to $600 per class.

Patent Fees:

• Varying Fee Adjustments: The USPTO is adjusting a wide range of patent fees, including those for filing, searching, examining, issuing, and maintaining patents. Some fees will increase significantly, while others will remain the same or even decrease.
  • The tables below provide a sample of the patent fees that will go into effect on January 19, 2025. For a full list of the updated fees, check the USPTO's website.  
• Focus on Streamlining and Efficiency: The USPTO aims to incentivize electronic filings and early action by applicants to streamline the patent process.

*New fees not previously charged by the USPTO.

**This fee less any amounts previously paid. For example, if a first IDS was filed with 75 references, then $200 was already paid. If a second IDS is filed with a cumulative 150 references, then only $300 is due at the time of filing the second IDS, rather than the full fee of $500.

What This Means for You:

• Plan Ahead: If you're considering filing a trademark or patent application, or if you have upcoming maintenance fee deadlines, it may be beneficial to act before the new fees take effect.
  • Regarding maintenance fees, if you have any due before July 19, 2025, we recommend taking advantage of the maintenance fee payment window and paying these fees before January 19, 2025.
• Review the Fee Schedule: Familiarize yourself with the new fee schedule to understand the potential costs involved in your intellectual property endeavors.
• Consider Standardized Terms: When filing trademark applications, using the standardized terms from the USPTO ID Manual can help you avoid surcharges.
• Seek Professional Advice: If you have questions or concerns about the fee changes and how they may impact your specific situation, consult with an intellectual property attorney.

Where to Find More Information:

• USPTO Website: The official USPTO website provides detailed information about the fee changes, including the complete fee schedules and supporting documentation. You can find this information at www.uspto.gov.

By staying informed about these changes, you can effectively manage your intellectual property budget and ensure the timely protection of your valuable assets.

How Gallium Law Can Help

The New Year will bring many changes for patent and trademark fees, which can be confusing and complex to navigate. If you have any questions about your IP portfolio and how to prepare for these new fees, please call us at 651-256-9480 or fill out this online form to schedule a consultation.