Patent Fee Changes – Timing can save you Money

If you qualify as a microentity, many people are advising that inventors may consider filing a provisional application before March 18 and delay your non-provisional filing until after March 19. This could save you more than $133 in basic filing fees, but the cost of the additional provisional filing fee of $125 would usurp most of that savings. Thus, in many cases this seems to be a lot of noise about nothing.

However, if you have more than 20 claims and qualify as a microentity, you may save money on account of the extra claims fees by delaying the non-provisional filing.

For small entities that do not qualify as a microentity, the cost will increase by at least $267, so filing before March 18 will save money for small entities.

Design patents have increased filing fees, but reduced issue fees, after March 18. Microentities will pay $265 before March 18 and $190 after March 19. Small entities will pay $510 after March 19 and $265 before March 18.

There will be a rush to file before March 18 for many applicants, so get the process started early to ensure you benefit from the lower filing fees.

Good news for all applicants: assignments will no longer incur a $40 filing fee after March 19.

Bottom Line for Basic Filing Fees

Design patent application (current $265 small entity through March 18)

  • Microentity $190 after March 19
  • Small entity $510 after March 19

Utility patent application (currently $533 small entity through March 18)

  • Microentity $400 after March 19
  • Small entity $800 after March 19

Provisional patent application (currently $125 small entity through March 18)

  • Microentity $65 after March 19
  • Small entity $130 after March 19