How Much Is That Issue Fee Payment In The Window?

A new USPTO fee schedule took effect on January 16, 2018, which usually means that all fees must be paid at the new (higher) rate. However, thanks to revisions to 35 USC § 151 effected by the Patent Law Treaties Implementation Act of 2012, applicants paying an Issue Fee need only pay the amount set forth on the Notice of Allowance.

The Governing Statute

As noted above, the statute at issue is 35 USC § 151 . As amended by the PLTIA, that statute provides:

1. IN GENERAL.-If it appears that an applicant is entitled to a patent under the law, a written notice of allowance of the application shall be given or mailed to the applicant. The notice shall specify a sum, constituting the issue fee and any required publication fee, which shall be paid within 3 months thereafter.