USPTO fee changes in 2026 are limited, because the fee schedule that took effect on 19 January 2025 still sets almost every patent fee. The 2026 rules of the United States Patent and Trademark Office (USPTO) change when the higher fees apply and who must file through a practitioner.
The main 2026 USPTO fee changes are these. The higher petition fee for unintentional delay now applies after 1 year instead of 2 years. Where an applicant or patent owner is domiciled outside the United States, a registered practitioner is now required. The fee-setting authority of the USPTO was extended only for a short term.
The 2025 size fee for an information disclosure statement (IDS) also matters to anyone using an IDS preparation service.
Where the USPTO fee schedule stands in 2026
The USPTO fee schedule is still headed “Effective January 19, 2025” and was last revised on 1 November 2026. That revision raised only a fee collected for the Korean office as an international searching authority, from USD 783 to USD 867. The core fees, checked in November 2026, are unchanged.
| Fee | Undiscounted | Small entity | Micro entity |
|---|---|---|---|
| Basic filing fee, utility | USD 350 | USD 140 | USD 70 |
| Utility search fee | USD 770 | USD 308 | USD 154 |
| Utility examination fee | USD 880 | USD 352 | USD 176 |
| Utility issue fee | USD 1,290 | USD 516 | USD 258 |
Small entities receive a 60% reduction and micro entities 80% on the fees the statute covers.
The higher petition fee for unintentional delay now starts after 1 year
A final rule published on 24 June 2026 (91 FR 37826) applies to petitions filed after 13 August 2026. It covers petitions to revive an abandoned application, to accept a delayed issue fee, maintenance fee or priority or benefit claim, and related international design petitions.
The higher fee under 37 CFR 1.17(m)(1), and the request for more information about the delay, used to start after 2 years. Both now start once the delay exceeds 1 year. The amounts did not change. For example, a petition to revive an application filed 18 months after the missed reply was due now costs USD 3,000 rather than USD 2,260 at the undiscounted rate. For a late maintenance fee, the year runs from the date the patent expired.
2025 fees that still shape 2026 budgets
The January 2025 rule added the continuing application and IDS size fees and raised others. Their effect grows as portfolios age:
- Continuing application fee: USD 2,700 for a benefit claim in an application filed more than 6 years after the earliest benefit date, and USD 4,000 after 9 years.
- IDS size fee: USD 200 once cumulative items exceed 50, USD 500 above 100 and USD 800 above 200, less any amount already paid.
- Application size fee: USD 450 for each further 50 sheets over 100.
The article on the IDS size fee shows how the count is reached, and the IDS rules and fees guide covers timing.
Foreign applicants and the practitioner requirement
A second rule (91 FR 13510) took effect on 20 July 2026. Where any applicant or patent owner is domiciled outside the United States and its territories, a registered patent practitioner must now represent them. A filing date can still be obtained without one. This is a cost rather than a fee, mainly for foreign inventors who filed without a practitioner.
Fee-setting authority and the next USPTO fee changes
Section 10 of the America Invents Act (AIA) lets the USPTO set or adjust patent fees by rule, provided total patent fee income only recovers the cost of patent operations. The SUCCESS Act of 2018 extended that power to 16 September 2026.
Before that date, the Continuing Appropriations and Extensions Act, 2027 extended the authority to 11 December 2026, and any longer renewal needs a further act of Congress. New fee amounts set under section 10 depend on that renewal. Each fee-setting round also includes 2 periods of public comment, so further USPTO fee changes take months to arrive.
How USPTO fee changes affect applicants and firms
These USPTO fee changes act through timing rather than price, in 2 ways:
- Docket reminders for revival and late maintenance petitions move from 2 years to 1 year.
- Continuation plans track when a family passes 6 and 9 years from its earliest benefit date.
Cost estimates for a request for continued examination (RCE) or an office action response therefore add these time-based fees to the base fees.
Keeping track of USPTO fee changes in prosecution
We prepare IDS submissions for US applications, and details of the service are on our IDS preparation page and our contact page.
This guide is general information and is not legal advice.
Frequently Asked Questions
What are the USPTO fee changes for 2026?
No general fee increase took effect in 2026, and the schedule effective 19 January 2025 still applies. The main change is that the higher petition fee for unintentional delay now applies once the delay exceeds 1 year instead of 2 years, for petitions filed after 13 August 2026.
What is the USPTO revival petition fee in 2026?
The undiscounted fee is USD 2,260 when the delay is 1 year or less and USD 3,000 when it exceeds 1 year. Small entities pay USD 904 or USD 1,200, and micro entities USD 452 or USD 600. The same rates apply to late maintenance fee petitions, counted from patent expiry.
When does the USPTO continuing application fee apply?
It applies to a benefit claim in an application whose actual filing date is more than 6 years after the earliest claimed benefit date. The undiscounted fee is USD 2,700 after 6 years and USD 4,000 after 9 years, with the usual entity reductions.
Do USPTO small entity discounts still apply in 2026?
Yes. Small entities receive a 60% reduction and micro entities an 80% reduction on the fees covered by the statute. Some fees carry no discount, including the IDS size fee, the certificate of correction fee and the terminal disclaimer fee. An applicant error caught by patent proofreading before grant avoids that certificate fee.
Do foreign applicants need a US patent practitioner?
Yes, since 20 July 2026, where any applicant or patent owner is domiciled outside the United States and its territories. Domicile means permanent legal residence or principal place of business, and the USPTO normally takes it from the residence or applicant address in the application data sheet.