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Winter 2013

Intellectual Property Bulletin

Patent Maintenance Fees Slated to Increase

By James C. Duda, Esq.

Click here for a printable copy of the bulletin.

The United States Patent and Trademark Office (USPTO) will soon introduce significant changes in patent fees. The changes, authorized by the Leahy-Smith America Invents Act, include significant increases in patent maintenance fees. These changes were anticipated in light of the fact that a major percentage of USPTO revenue is generated through maintenance fee payments.

As of Tuesday, March 19, 2013, patent maintenance fees for large entities will increase:

  • from $1,150 to $1,600 (39%) for the first payment due at 3.5 years
  • from $2,900 to $3,600 (24%) for the second payment due at 7.5 years
  • from $4,810 to $7,400 (54%) for the third payment due at 11.5 years

The fees for small entities and “micro” entities are 50% and 25% of large entity fees, respectively.

If you have any maintenance fees due prior to September 19, 2013, you can reduce them by paying them before the fee increases go into effect on March 19, 2013.

The increases are detailed in the January 18, 2013 issue of the Federal Register (under “Setting and Adjusting Patent Fees” on pages 4212-4291).

If you have questions regarding the patent fee increases or otherwise would like to discuss your current or planned patent portfolio, please contact James C. Duda at (413) 272-6284 or [email protected].

This bulletin provides only general information and should not be relied upon as legal advice.