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The United States Patent and Trademark Office (USPTO or Office) takes this action to set and adjust Patent fee amounts to provide the Office with sufficient aggregate revenue to recover its aggregate cost of operations thereby maintaining a sustainable funding model.

Statement of Need:

The purpose of this rule is to set and adjust patent fee amounts to modernize the patent fee structure. To this end, this rule may create new or change existing fees for patent services.

Summary of the Legal Basis:

The Leahy-Smith America Invents Act (AIA), enacted in 2011, provided USPTO with the authority to set and adjust its fees for patent and trademark services. Since then, USPTO has conducted an internal biennial fee review, in which it undertook internal consideration of the current fee structure, and considered ways that the structure might be improved, including rulemaking pursuant to the USPTO's fee setting authority. This fee review process involves public outreach, including, as required by the Act, public hearings held by the USPTO's Public Advisory Committees, as well as public comment and other outreach to the user community and public in general.

Alternatives:

This rulemaking action is currently in development and alternatives have not yet been determined.

Anticipated Costs and Benefits:

This rulemaking action is currently in development and aggregate annual economic impacts have not yet been determined.

Risks:

This rulemaking action is currently in development and risks have not yet been determined.