ARTICLE
9 January 2025

Action Recommended In View Of Upcoming Fee Increases For Design Patents

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Womble Bond Dickinson

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The United States Patent and Trademark Office (USPTO) finalized its fee schedule for 2025, which will take effect on January 19, 2025.
United States Intellectual Property
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The United States Patent and Trademark Office (USPTO) finalized its fee schedule for 2025, which will take effect on January 19, 2025. This schedule includes significant increases to fees for design patent applications. Stakeholders should consider these changes and plan accordingly for before and after the fees go into effect to minimize the impact these increased costs will have on budgets in the coming year.

The two significant fee increases that are specific to Design Patents are related to the filing fees and the issue fees as shown in Table 1 below. As shown, there is a 27 percent increase in the filing fees for an application and there is a 76 percent increase in issue fees for a Design Patent.

Fee Description

Undiscounted

New Fee

[Old Fee]

(Percent Increase)

Small entity

New Fee

[Old Fee]

(Percent Increase)

Micro entity

New Fee

[Old Fee]

(Percent Increase)

Application Filing Fees

$1300

[$1020]

(27%)

$520

[$408]

(27%)

$60

[$44]

(27%)

USPTO or Hague Issue Fee

$1,300

[$740]

(76%)

$520

[$296]

(76%)

$260

[$148]

(76%)

To minimize the impact these fee increases will have on budgets, stakeholders should try to file any impending applications by January 18, 2025. In addition, if a stakeholder has any applications that are currently allowed, there will be a 76 percent savings if the payment of the issue fee is advanced to January 18, 2025. It is important to remember that paying the issue fees may move up the timeline to file a continuing application to meet the co-pendency requirement. However, an additional savings can also be made if the continuing application is filed on or before January 18, 2025.

Click here to read Womble Bond Dickinson's Nov. 22 client alert on "U.S. Patent and Trademark Office Sets 2025 Fee Schedule".

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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