US Patents: New Additional Fee for Continuing Patent Applications with the USPTO

Since January 19, 2025, filing a continuing patent application (continuation, divisional, or continuation-in-part) with the USPTO requires the payment of an additional fee if the filing occurs more than 6 years or more than 9 years after the earliest benefit date.

The additional fee, called Continuing Application Fee, applies to any utility, plant, or design continuing application.

A continuing application filed 6 or more years after its earliest benefit date but less than 9 years after will incur a fee of US$ 2,700 for a large entity.  A continuing application filed 9 years or more after its earliest benefit date will incur a fee of US$ 4,000 for a large entity.

This additional fee should be taken into account when developing a patent portfolio strategy to optimize protection and minimize costs.  It may be beneficial to evaluate existing portfolios to identify applications approaching the 6-year threshold and determine whether it is advisable to file a continuing application before the Continuing Application Fee applies.  We are available to provide you with any additional information and advice.