USPTO Considers Major Shift to Value-Based Patent Fees: What Businesses Need to Know

By Victor Boyajian, Joel Bock, Ira Kotel and Natalie Hoeper

The Wall Street Journal has reported that the United States Patent and Trademark Office (USPTO), one of the only governmental agencies to be self-funded and actually generate a profit for the U.S. government, is evaluating a significant overhaul of its patent fee structure. Currently, patent applicants pay fixed fees throughout the patent process, from filing to issuance, which typically amounts to a few thousand dollars. The new proposal, under consideration by the Commerce Department, would replace these fixed fees with a percentage-based system tied to the assessed value of each patent—potentially ranging from 1% to 5%. This marks a substantial departure from the existing model and could have far-reaching implications for patent filers and innovators.

Read the full insight, including recommended actions for patent holders, here.