Docket This: Working with Clients to Manage the USPTO Continuation Surcharges
Briefly

The USPTO's new fee structure, effective from January 19, 2025, introduces substantial increases in fees, notably for continuation applications filed many years after their earliest benefit date. A $2,700 surcharge will be applied to those filed six years post-EBD, while a $4,000 fee exists for applications submitted nine years or later. This new dynamic aims to motivate timely patent prosecution, heavily affecting strategies for patent practitioners, particularly those handling foreign applications and extensive continuation portfolios. Practitioners will need to adapt their docketing systems and communicate more effectively with clients regarding these changes.
The USPTO's new fee structure, effective January 19, 2025, significantly changes patent prosecution strategies, especially with increased surcharges for late-filed continuation applications.
The new fee emphasizes timely prosecution, imposing a $2,700 surcharge for six-year delays and $4,000 for nine-year delays on continuation applications.
Read at Patently-O
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