USPTO Decreases Most Small and Micro Entity Patent Fees – Effective December 29, 2022

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The Unleashing American Innovators Act of 2022, signed into law on 12/29/2022, decreased small entity fees by 10%, and micro entity fees by 5%, to spur innovation among smaller and independent inventors. For example, government fees for a non-provisional patent application (small entity) have decreased USD $150 reflecting a 60% discount (micro entities are now set to an 80% discount). The current fee schedule can be found here: https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule.

In 2023, although patent issue fees will be based upon the amount appearing on the Notice of Allowance and Fees Due letter, other patent fees will benefit from this reduced amount. However, within the next 2 years, these discounts may change. The Act further requires that the USPTO Director conduct a study and report findings to Congress. The study will assess whether fees for small and micro entities inhibit the filing of patent application by those entities, and whether fees for examination should approximately match the costs of examination, as well as what incentives are created by using maintenance fees to cover the costs of examination. Additional details from the USPTO are forthcoming.

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