Global intellectual property fee updates
The turn of the new year saw several updates to intellectual property fees across the world, including those recently implemented by the IP Offices of the United States, Canada, Denmark, Iceland, and the Eurasian Patent Organisation.
USA
Trademarks
A new IP fee schedule was implemented in the US as of January 18, 2025, with the amendments largely concerning trademarks filed before the USPTO, as well as PCT patent applications.
One of the most significant amendments to the fee structure is the abolishment of both the Trademark Electronic Application System (TEAS) Plus fee of 250 USD, and TEAS Standard fee of 350 USD, which have now been replaced with one base application fee of 350 USD per class. The trademark application fee for marks filed with the WIPO, as well as the fee for each subsequent designation, have increased by 20% from 500 USD to 600 USD.
Both the fee in relation to a trademark renewal filed via the WIPO, and the fee in relation to a section 9 registration renewal per class, have risen by approx. 8.3% from 300 USD to 325 USD. Moreover, the fee per class for a section 8 declaration, as well as the fee for a section 71 declaration, have increased by approx. 44.4% from 225 USD to 325 USD respectively, whilst the fee in relation to a section 15 declaration has risen by 25% from 200 USD to 250 USD.
Intent to Use fees have also seen slight alterations, with both the fee per class for the filing of a Statement of Use (SOU), and the fee per class for the filing of an Amendment to Allege Use (AAU) inflating by 50% from 100 USD to 150 USD.
The trademark fees of the USPTO have been updated in line with the office’s principles of promoting innovation strategies, aligning fees with trademark services costs, facilitating an effective administration of the trademark system, and offering different application processing options.
PCT
Several PCT fees have also been amended by slight percentage alterations, including the international filing fee for up to the first 30 pages, which has decreased by approx. 1.3% from 1,575 USD to 1,555 USD.
Other fees which have been subject to a decrease include the handling fee, which has fallen only slightly from 237 USD to 234 USD. The same fee is heavily discounted by a considerable 90% for applicants who are both a national and a resident of a State classified by the United Nations as a least developed country. In line with the new fee schedule, the cost associated with the handling fee inclusive of the 90% discount has dropped from 23.70 USD to 23.40 USD.
The international search fee in instances whereby the European Patent Office (EPO) acts as the International Searching Authority (ISA) has, on the other hand, increased by approx. 1.9% from 1,989 USD to 2,025 USD, whilst the fee for an international search conducted by IP Australia (IPAU) has risen by approx. 6.3% from 1,407 USD to 1,495 USD.
The above fees represent only some of the changes to PCT made by the USPTO, with the office conducting a review of fees, costs, and revenues on a bi-annual basis in order to ensure the recovery of costs for the facilitation of the services it offers.
Canada
January 1, 2025 saw a new IP fee schedule implemented in Canada in relation to certain costs associated with patents, trademarks, and industrial designs. The fee schedule incorporates a percentage increase of 4.4% across the board.
Patents
As per the alterations to costs, the fee for the filing of a patent application in Canada has risen from 555 CAD to 579.42 CAD.
A payment of 1,158.84 CAD will now be due for the continued examination of an application, inflating from 1,110 CAD. Further, the final fee has risen from 416 CAD to 434.30 CAD.
The patent maintenance fees have also seen the same 4.4% increase, with the fee for maintaining a patent right for years 2-4 now constituting 130.50 CAD, years 5-9 289.19 CAD, years 10-14 362.27 CAD and years 15-19 651.46 CAD.
Trademarks
The fee in relation to a trademark application for the first class of goods or services to which the application relates increased from 458 CAD to 478.15 CAD, with each additional class of goods or services to which the application relates as of the filing date rising from 139 CAD to 145.12 CAD.
The new fee for the filing of a Statement of Opposition now constitutes 1,085.76 CAD, rising from 1,040 CAD.
With regard to trademark renewal fees, the new fee in relation to the renewal of the first class of goods or services to which a request for renewal relates now comprises 579.42 CAD, rising from 555 CAD, whilst the fee for the renewal of each additional class of goods or services inflating from 173 CAD to 180.61 CAD.
Industrial Designs
The fee for the filing of an industrial design application has risen from 567 CAD to 591.95 CAD, with the maintenance fee for an industrial design now constituting 517.82 CAD, inflating from 496 CAD.
Further, the cost in relation to the reinstatement of an abandoned design application rose from 284 CAD to 296.50 CAD.
Denmark
January 1, 2025 also saw the Danish Patent and Trademark Office introduce an amended fee schedule in relation to the publication and renewal fees for patents, including validated European patents, with the fees increasing by an approximate 3% across the board.
As such, the patent publication fee has risen from 2,165 DKK to 2,230 DKK.
All renewal fees have seen a similar percentage increase, with the cost associated with the 1st, 2nd, and 3rd year of patent renewal rising from 535 DKK to 550 DKK, the 10th from 2,485 DKK to 2,560 DKK, the 15th from 3,900 DKK to 4,015 DKK, and the 20th from 5,525 DKK to 5,690 DKK.
The adjusted costs in relation to patent renewal are valid for any fees due after March 31, 2025. As such, any renewal fees due up until the aforementioned date will be charged at the rates applicable prior to January 1, 2025. A 20% surcharge will be applied to any fees paid later than the due date.
Iceland
A new IP fee schedule is set to enter into effect with regard to Iceland on February 15, 2025, with the changes having been announced by way of the Icelandic Official IP Gazette on November 14, 2024. These changes are set to span across patents, trademarks, and industrial designs.
Patents
With regard to patent fees in Iceland, the maintenance fees are all set to increase in different increments. For example, the cost for the maintenance of a patent for the 5th year will rise by approx. 64.6% from 16,400 ISK to 27,000 ISK, the 10th by an approx. 83.8% from 27,200 ISK to 50,000 ISK, and the 20th by approx. 49.1% from 74,400 ISK to 111,000 ISK.
The fee in relation to the publication of the first 40 pages of a patent document will increase by an approx. 23.4% from 32,400 ISK to 40,000 ISK, and the publication of a European Patent will inflate by approx. 17.1% from 36,700 ISK to 43,000 ISK.
Further, the cost in relation to the reissuance of a patent is set to rise by approx. 23.4% from 32,400 ISK to 40,000 ISK, and the fee for the publication of a notice of opposition to a patent by a lesser 2.2% from 48,900 ISK to 50,000 ISK.
Trademarks
The trademark application or renewal fee for one good or service is set to rise by approx. 7.1% from 37,900 ISK to 40,600 ISK, and the fee for each additional good or service beyond the first by approx. 8.5% from 8,200 ISK to 8,900 ISK.
A notice of opposition or request for cancellation or invalidation of the registration of a trademark will increase by an approx. 2.7% from 48,700 ISK to 50,000 ISK.
Industrial Designs
In relation to industrial designs, the new cost for an application for each five-year period is set to increase from 20,300 ISK to 24,000 ISK, whilst the fee for each design in excess of one in a multiple design registration for each five-year period will decrease by approx. 18.2% from 8,900 ISK to 6,000 ISK.
The renewal fee for each five-year period of industrial design validity will rise by an approx. 67.3% from 25,700 ISK to 43,000 ISK, and by approx. 82.7% from 8,100 ISK to 14,800 ISK for each design in excess of one in a multi-design registration.
EAPO
As of February 1, 2025, a new fee schedule will enter into force with respect to the Eurasian Patent Organisation (EAPO).
As such, the cost for the filing of a Eurasian patent application will increase by 20% from 50,000 RUB to 60,000 RUB for up to 5 claims, with the fee for each claim beyond the 5th due to inflate by approx. 18.1% from 5,500 RUB to 6,500 RUB. Each claim beyond the 20th will incur a fee of 7000 RUB, an approx. 16.7% rise from the current cost of 6000 RUB, and each claim beyond the 50th due to rise by approx. 7.1% from 7,000 RUB to 7,500 RUB.
The fee in relation to substantive examination for an application concerning one invention will increase by 20% from 50,000 RUB to 60,000 RUB.
In relation to a group of inventions in an application, the fee will rise from 50,000 RUB to 60,000 RUB for the initial claim, from 30,000 RUB to 35,000 RUB for the second claim, constituting an approx. 16.7% increase, and by approx. 33.3% from 15,000 RUB to 20,000 RUB for each subsequent independent claim.
The grant and publication fee for Eurasian patents is set to inflate by approx. 33.3% from 30,000 RUB to 40,000 RUB, whilst the fee for the filing of an opposition against the grant of a Eurasian patent will rise by approx. 16.7% from 60,000 RUB to 70,000 RUB.