Toward a Better Patent System: USPTO Fees

Intellectual property partner Bob Stoll authored an article for IPWatchdog on viewing patent examination as a shared responsibility in which applicants work in partnership with examiners.

Stoll notes that the current fee-adjustment process presents an opportunity for applicants and the U.S. Patent and Trademark Office (USPTO) to work together to improve examination and strengthen its patent system. He explains that the USPTO has initiated a process to increase fees by January 2025 and shares suggestions that have not been proposed, such as charging higher up-front fees and incentivizing improved applications.

Stoll also states that the USPTO should collect and publish information regarding the costs of drafting and prosecuting a quality application. He asserts that this data sharing could help companies understand what they need to pay for these services and reduce the number of low-quality applications. In conclusion, Stoll states that he believes higher application fees might help drive large applicants to do a better job of drafting up front.