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.”