New USPTO Fees Based on Number of Items Filed with an Information Disclosure Statement (IDS)
January 29, 2025
Effective January 19, 2025, the United States Patent and Trademark Office has imposed an information disclosure statement (IDS) size fee based on the cumulative number of items cited by an Applicant in IDSs throughout the pendency of an application. Every item cited in an IDS will count toward the cumulative number. Items cited by the Applicant in an IDS before the effective date count toward the cumulative number under the new rule. The structure of the size fee is shown in the chart below. There are no discounts available for microentity or small entity applicants. Each IDS requires an “IDS size fee assertion” that asserts that the IDS is accompanied by the appropriate size fee, which is identified, or that no size fee is required.
|
IDS causes cumulative number of |
Size fee due: |
|
exceed 50 but not exceed 100 |
$200 |
|
exceed 100 but not exceed 200 |
$500, less any amount previously paid |
|
exceed 200 |
$800, less any amount previously paid |