United States Patent and Trademark Office
Fiscal Year 2025 Congressional Submission
March 2024
This Page Is Intentionally Left Blank.
Transfer Summary Table
Exhibit 1
DEPARTMENT OF COMMERCE
UNITED STATES PATENT AND TRADEMARK OFFICE
Budget Estimates, Fiscal Year 2025
Congressional Submission
Table of Contents
Exhibit Number Exhibit Page Number
2
Organizational Chart
USPTO – 2
3
Executive Summary
USPTO – 3
4
Priority Rank of 2025 Program Changes
USPTO – 9
4A
Program Increases/Decreases/Terminations
4T
Transfer Summary Table
5
Summary of Resource Requirements
7
Summary of Financing
8
Adjustments to Base
Patent Program
10
Program and Performance: Direct Obligations
12
Justification of Program and Performance
13
Program Changes for 2025
14
Program Change Personnel Detail
15
Program Change Detail by Object Class
Trademark Program
10
Program and Performance: Direct Obligations
12
Justification of Program and Performance
13
Program Changes for 2025
14
Program Change Personnel Detail
15
Program Change Detail by Object Class
Cross-Cutting Functions Program
10
Program and Performance: Direct Obligations
12
Justification of Program and Performance
13
Program Change for 2025
14
Program Change Personnel Detail
15
Program Change Detail by Object Class
Exhibits 16-36
16
Summary of Requirements by Object Class
Exhibit 1
16A
Select Activities by Object Class
32
Justification of Proposed Language Changes
33
Appropriations Language and Code Citation
34
Advisory and Assistance Services
35
Periodicals, Pamphlets, and Audiovisual Services
36
Average Grade and Salaries
41
Implementation Status of GAO and OIG Recommendations
Appendices
Appendix I
Patent and Trademark Programs Five-Year Outlook
Appendix II
Allocation of Budgetary Requirements to the Patent and Trademark Programs
Appendix III
USPTO IT Portfolio
Appendix IV
Multiyear Planning by Program
Appendix V
USPTO Fee Estimate Changes from FY 2024 PB to FY 2025 PB
Appendix VI
USPTO Estimates and Actual Fees and Assumptions
Appendix VII
FY 2023 Fee Report
Appendix VIII
USPTO 2022-2026 Strategic Plan Framework
Appendix IX
FY 2024/2025 Annual Performance Plan and Report
Description/Scope of Responsibilities
The United States Patent and Trademark Office (USPTO) is an agency within the U.S. Department of Commerce (DOC). The Under
Secretary of Commerce for Intellectual Property and Director of the USPTO leads the agency and consults the Patent Public Advisory
Committee (PPAC) and the Trademark Public Advisory Committee (TPAC) on agency policies, goals, performance, budgets, and user fees.
The Commissioner for Patents oversees the Patents organization, and the Commissioner for Trademarks oversees the Trademarks
organization. The Commissioners, whom the Secretary of Commerce appoints, enter into annual performance agreements with the
Secretary that describe their measurable organizational goals.
The USPTO’s mission is to drive U.S. innovation, inclusive capitalism, and global competitiveness. The USPTO will deliver on its mission
through two distinct programs, Patents and Trademarks, that administer patent and trademark laws to enable and protect intellectual
property (IP). The USPTO is a demand-driven, fee-funded, performance-based agency committed to delivering balanced IP protection and
information to all its stakeholders, including inventors, entrepreneurs, businesses, IP organizations, and international entities.
The USPTO estimates that it will employ 14,933 federal employees, including patent examiners, trademark examining attorneys, information
technology (IT) specialists, attorneys, and other administrative staff, in fiscal year (FY) 2025. The USPTO’s employees perform the
inherently governmental functions of issuing patents and registering trademarks, as well as providing domestic and global leadership on IP
issues. Third-party contractors perform several mission support activities that are not inherently governmental.
A core component of the USPTO’s business strategy is a nationwide workforce with extensive remote work and telework options to employ,
engage, and retain employees. The USPTO has successfully managed organizational performance and organizational health under this
operating model. The USPTO is headquartered in Alexandria, Virginia, and has four regional offices in Detroit, Michigan; Denver, Colorado;
San Jose, California; and Dallas, Texas. The agency also maintains an Eastern Regional Outreach Office based at USPTO headquarters.
The USPTO is implementing the provisions of the Unleashing American Innovators Act of 2022 (UAIA) (Pub. L. 117-328), enacted on
December 29, 2022, and, accordingly, will open a new regional office in the Atlanta, Georgia, metropolitan area serving innovators in the
Southeast region, and a new community outreach office in Strafford County, New Hampshire, serving innovators in the New England region.
The USPTO continues to evaluate locations for three additional community outreach offices across the United States.
Exhibits 32 and 33 contain the USPTO’s legislative authorities.
Disclaimer
Due to rounding, the numbers presented in tables throughout this document may not add up precisely to the totals provided, and
percentages may not precisely reflect absolute figures.
USPTO - 1
Exhibit 2
D
epartment of Commerce
United States Patent and Trademark Office
Patent
Public
Advisory
Committee
Trademark
Public
Advisory
Committee
Und
er
Secretary
of
Co
mm
erce for Intellectual Property and
Director
of
the United States Patent and Trademark Office
-
-
Deputy Under Secretary
of
Co
mmer
ce
for Intellectual Property and
Deputy Director
of
the United States Patent and Trademark Office
-
Commissioner
for
Patents
Commissioner
for
Trademarks
Patent
Trial
and
Appeal
Board
Trademark
Trial
and
Appeal
Board
I I I I I
Director, Office ol
Pu
blic
Eng
a
gemen
t
Chief Policy
Officer
and
Director for
International
Affairs
Chief
Administrative
Officer
Chief
Commun
ications
Officer
Chief
Financi
al
Officer
Chief
In
formation
Officer
Director of
EEO
and
Di
v
ersi
ty
Gener
al
Counsel
USPTO - 2
Exhibit 3
Department of Commerce
U.S. Patent and Trademark Office
Budget Estimates, FY 2025
Executive Summary
The USPTO’s FY 2025 Budget (Budget)
estimates agency fee collections of $4,555
million, consisting of $3,972 million in patent
fees and $583 million in trademark fees. The
USPTO also expects to collect $60 million in
other income (i.e., reimbursements). Estimated
spending is $4,569 million, consisting of $3,975
million in Patents spending and $594 million in
Trademarks spending, which supports 14,933
positions. During FY 2025, the USPTO will add
a net of $47 million to the combined operating
reserves (ORs). The patent OR will increase by
$48 million, and the trademark OR will decrease
by $1 million. The agency requests appropriation authority to spend the full fee collection estimate of $4,555 million to offset budgetary
requirements (estimated spending and OR deposits); under this request, the USPTO’s FY 2025 net appropriation is $0.
USPTO Operating Levels for FY 2025
Dollars in millions
Patents
Trademarks
Total
Estimated fee collections (Appropriation/Authority) $3,972 $583 $4,555
Other income $50
$10
$60
Operating reserve, beginning of year $793 $86 $878
Total estimated funds available
$4,815 $679
$5,494
Estimated spending
($3,975)
($594)
($4,569)
Total operating reserve and Patent and Trademark Fee
Reserve Fund (PTFRF), end of year
$840
$85
$925
Authorized positions
13,195
1,738
14,933
The Budget anticipates the USPTO will implement changes to both the patent and trademark fee schedules during FY 2025. Accordingly, FY
2025 estimated fee collections and the appropriation request level include these changes. New aggregate fee collections will meet
budgetary requirements to address increased workloads and inflationary pay raises, offset aggregate fee discounts enacted in the UAIA,
update the patent examiner special rate table
1
, and establish a regional office and four community outreach offices in accordance with the
UAIA. Reducing spending requirements through divesting leased space in Northern Virginia and moderately reducing overall IT spending
partially offsets new budgetary requirements.
The USPTO is a fee-funded agency and must periodically assess and adjust fee rates to ensure aggregate fee collections finance the
aggregate costs necessary to issue robust and reliable patents and to register and maintain accurate and reliable trademarks. Recent
comprehensive patent and trademark fee reviews concluded that fee adjustments are necessary to increase aggregate revenue (fee
collections) and to refine certain fees to finance ongoing operations. For purposes of estimating fee collections, the Budget assumes revised
USPTO - 3
1
The patent examiner special rate table applies to job series 1220, 1222, 1223, 1224, and 1226.
Exhibit 3
trademark fee rates will take effect on November 23, 2024, and revised patent fee rates will take effect on January 8, 2025. These dates, as
well as the proposals, may change as the agency goes through the process of publishing notices of proposed rulemaking (NPRMs),
incorporating public feedback received during the comment periods, and drafting and publishing final rules. Combined, the agency projects
these new fee rates will increase fee collections by approximately $437.9 million during FY 2025.
The Budget is predicated on workload and fee collection estimates derived from agency production and workload models, as well as
relevant indicators of economic and IP activity. In FY 2025, the USPTO estimates that the growth rate for serialized (original) patent
applications will increase by 1.5% over projected FY 2024 application filing levels, and that trademark applications will increase by 4.6%.
These forecasts are inherently uncertain; actual demand for patent and trademark services could be higher or lower than projected based on
changing economic conditions. The USPTO must spend fee collections to meet the actual demand for services.
To mitigate the risk of uncertain demand, the USPTO maintains two ORs (i.e., patent and trademark). The ORs are a U.S. Government
Accountability Office (GAO) best practice for user fee-funded government agencies like the USPTO. The ORs enable the USPTO to align
fees and costs over a longer horizon and to improve its preparation for, and adjustment to, fluctuations in actual fee collections, demand,
and spending. Depositing a portion of annual fee collections into the ORs, such that the balance is available to finance USPTO operations in
the event of unexpected economic fluctuations, is a USPTO budgetary requirement. With the proposed fee adjustments in FY 2025, the
agency projects the patent OR will remain above minimum levels for all years through FY 2029, under current economic assumptions. The
USPTO expects the trademark OR will be slightly below minimum OR levels in FYs 2024-2026 and above minimum levels in FYs 2027-2029
under current economic assumptions. For additional information, including annual estimates for FYs 2025-2029, please see Appendix I.
The USPTO is committed to fiscal responsibility. It makes prudent decisions to align spending priorities with fee collection projections to
meet workload requirements and maintain sufficient OR levels. The fee setting authority authorized in the 2011 Leahy-Smith America
Invents Act (AIA) (Pub. L. 112-29) and extended in the Study of Underrepresented Classes Chasing Engineering and Science Success Act
(SUCCESS Act) of 2018 (Pub. L. 115-273) provides the USPTO the authority to set and adjust fees to align with costs. The AIA also created
a successful framework to provide the USPTO full access to all fees it collects. This authority to adjust both patent and trademark user fees
via the regulatory process enables the USPTO to set fees at the appropriate level to recover the aggregate costs of its operations, including
investments in strategic agency goals, and to respond to changing legislative requirements and market needs. Since the enactment of the
AIA, the agency has adjusted patent and trademark fees via rulemaking three times, and the fee collection estimates in this Budget include
proposals that would represent a fourth rulemaking adjustment for both patent and trademark fees. Fee estimates included in this Budget
reflect the change in small and micro entity discounts included in section 107 of the UAIA. Absent congressional action, the agency’s AIA fee
setting authority will expire on September 15, 2026.
The USPTO is requesting administrative approval to update and adjust the patent examiner special rate table (table) for the first time since
2007. The objective of the table update is to provide competitive compensation to patent examiners, thereby reducing attrition and
enhancing the recruitment of qualified employees needed to examine increasingly complex IP applications. This Budget includes an
estimated compensation increase for the Patents organization that is contingent on final approval. The USPTO will include additional details
in future budget submissions pending finalization and approval of the table proposal.
USPTO - 4
Exhibit 3
This Budget also assigns resources to substantially fund provisions of the UAIA. Specifically, it includes requirements in FY 2024 to
establish a New England Community Outreach Office in Strafford County, New Hampshire, and a Southeast Regional Office in the Atlanta,
Georgia, metropolitan area, including anticipated leased space build-out and IT infrastructure costs. The Budget also includes requirements
to establish three additional community outreach offices and to conduct a study to determine whether additional offices are required to
achieve AIA mandates and increase the participation of underrepresented inventors in the patent system in accordance with the UAIA. For
more detailed information, please see Appendix I.
The UAIA directed the USPTO to promote inclusive innovation by expanding its national footprint and establishing and expanding
stakeholder programs that increase access to the U.S. innovation ecosystem. As a result, the Budget funds the establishment of a new
office—tentatively titled the Office of Public Engagement (OPE)—to operationalize UAIA requirements. The OPE will consolidate outreach,
education, customer experience (CX), and customer engagement functions from across the agency to deliver a greater impact to more
innovators and reach newer audiences.
Budget Highlights
The USPTO’s FY 2025 estimated spending is $4,569 million. This figure is a $122 million net increase from the agency’s FY 2024 estimated
spending of $4,447 million. The net increase includes a $224 million upward adjustment for prescribed inflation and other adjustments to
base, and a $102 million downward adjustment in program spending and other realized efficiencies. This aggregate spending level allows for
the USPTO to hire 850 patent examiners (approximately 360 over estimated attrition levels) and 80 trademark examining attorneys
(approximately 50 over estimated attrition levels), as well as implement sufficient production support capabilities to match the agency’s
examination capacity with its expected workload. Furthermore, the Budget funds additional examination capacity to improve patent reliability,
maintain patent term adjustment (PTA) compliance rates, maintain trademark quality, and improve trademark processing times to match
demand and reduce the backlog of unexamined inventory (resulting from unprecedented demand during 2021). Additionally, the Budget
supports the following major USPTO strategic initiatives: the Council for Inclusive Innovation (CI
2
); emerging technologies like artificial
intelligence (AI); the Women’s Entrepreneurship (WE) initiative; military community-focused entrepreneurship resources; the White House
Cancer Moonshot initiative; enhanced collaboration between the USPTO and the U.S. Food and Drug Administration (FDA); support for
international cooperation on IP rights to advance global competitiveness and improve enforcement, capacity building, and legislative reform;
engagement with domestic and global partners to incentivize, protect, and commercialize green tech, climate-related innovation, and
sustainability; and the provision of equal opportunity for people of all backgrounds to become innovators through inclusive innovation. The
Budget builds on the $40 million in real estate savings assumed in the FY 2024 President’s Budget (PB), to include additional annual cost
savings of $12 million through leased space reductions in Northern Virginia. The combined reduction in campus space amounts to estimated
annual cost savings of approximately $52 million.
Performance
For current Government Performance and Results Act targets, please see Appendix IX.
USPTO - 5
Exhibit 3
Adjustments
Inflationary adjustments
The USPTO’s FY 2025 base includes a total of $4,668 million and 14,023 full-time equivalents (FTEs)/14,459 positions. The agency
calculated inflationary adjustments to current programs for USPTO activities from these levels. These adjustments include the estimated
2.0% civilian pay raise planned in FY 2025 and inflationary increases for labor and nonlabor activities such as benefits, service contracts,
utilities, and lease payments.
USPTO - 6
TOTAL BUDGET AND FINANCING
USPTO - 7
This Page Is Intentionally Left Blank.
USPTO - 8
Exhibit 4
Department of Commerce
U.S. Patent and Trademark Office
PRIORITY RANK OF 2025 PROGRAM CHANGES
(Dollar amounts in thousands)
Page No.
Activity/Sub activity
Item
Positions
Budget
Authority
USPTO–29
Patent Program
Patent Examining
392
13,339
USPTO–70
Cross Cutting Functions
Human Resources Management and
Administrative Services
9
2,906
USPTO–49
Trademark Program
Trademark Trial and Appeals
4
1,090
USPTO–69
Cross Cutting Functions
Executive Direction and Communications
5
488
USPTO–70
Cross Cutting Functions
Financial Management Services
13
107
USPTO–32
Patent Program
Patent Trial and Appeals
-
(22)
USPTO–68
Cross Cutting Functions
Global Intellectual Property Academy
(GIPA)
-
(31)
USPTO–48
Trademark Program
Trademark Examining
44
(32)
USPTO–71
Cross Cutting Functions
Legal Services
-
(101)
USPTO–68
Cross Cutting Functions
Policy, External Affairs and Administrative
Support
-
(171)
USPTO–68
Cross Cutting Functions
IPR Attaché Program
-
(330)
USPTO–71
Cross Cutting Functions
Cross Cutting Functions Information
Resources
-
(3,421)
USPTO–33
Patent Program
Patent Information Resources
6
(4,029)
USPTO–72
Cross Cutting Functions
IT Infrastructure and IT Support Services
-
(9,005)
USPTO–49
Trademark Program
Trademark Information Resources
1
(10,626)
USPTO–73
Cross Cutting Functions
Miscellaneous General Expense (MGE)
-
(99,324)
Total, Program Changes
474
(109,162)
USPTO - 9
Exhibit 4A
Department of Commerce
U.S. Patent and Trademark Office
FY 2025 PROGRAM INCREASES / DECREAS
ES / TERMINATIONS
(Dollar amounts in thousands)
(By Appropriation, Largest to Smallest)
Increases
Page No. Appropriations Budget Program Title of Increase Positions Budget Authority
USPTO–29
Salaries and Expenses
Patent Program
Patent Examining
392
13,339
USPTO–70 Salaries and Expenses Cross Cutting Functions Human Resources
Management and
Administrative Services
9 2,906
USPTO–49
Salaries and Expenses
Trademark Program
Trademark Trial and Appeals
4
1,090
USPTO–69
Salaries and Expenses
Cross Cutting Functions
Executive Direction and
Communications
5
488
USPTO–70
Salaries and Expenses
Cross Cutting Functions
Financial Management
Services
13
107
Subtotal, Increases 423 17,930
USPTO - 10
Exhibit 4A
Decreases
Page No. Appropriations Budget Program Title of Decrease Positions Budget Authority
USPTO–73
Salaries and Expenses
Cross Cutting Functions
Miscellaneous General
Expense (MGE)
-
(99,324)
USPTO–49 Salaries and Expenses Trademark Program Trademark Information
Resources
1 (10,626)
USPTO–72
Salaries and Expenses
Cross Cutting Functions
IT Infrastructure and IT
Support Services
-
(9,005)
USPTO–33 Salaries
and Expenses Patent Program Patent Information Resources 6
(4,029)
USPTO–71
Salaries and Expenses
Cross Cutting Functions
Cross Cutting Functions
Information Resources
-
(3,421)
USPTO–68 Salaries and Expenses Cross Cutting Functions IPR Attaché Program - (330)
USPTO–68
Salaries and Expenses
Cross Cutting Functions
Policy, External Affairs and
Administrative Support
-
(171)
USPTO–71 Salaries and Expenses Cross Cutting Functions Legal Services - (101)
USPTO–48
Salaries and Expenses
Trademark Program
Trademark Examining
44
(32)
USPTO–68
Salaries and Expenses
Cross Cutting Functions
Global Intellectual Property
Academy (GIPA)
-
(31)
USPTO–32 Salaries and Expenses Patent Program Patent Trial and Appeals - (22)
Subtotal, Decreases
51
(127,092)
USPTO - 11
Exhibit 4T
Department of Commerce
U.S. Patent and Trademark Office
FY 2025 TRANSFER SUMM
ARY TABLE
(Dollar amounts in thousands)
Transfers
Page No.
Appropriations
Budget Program
Title of Transfer Positions Budget Authority
USPTO– 72 Salaries an
d Expenses
Cross Cutting Functions Program
Transfer to the DOC OIG
-
(2,450)
Total, Transfers
- (2,450)
USPTO - 12
Exhibit 5
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
SUMM
ARY OF RESOURCE REQUIREMENTS
(Dollar amounts in thousands)
Positions
FTE
Budget
Authority
Total
Obligations
2024 Current Plan
14,459
13,749
4,444,508
2025 Adjustments to base:
Plus: Restoration of recoveries/unobligated balances
Plus: Inflationary adjustments to base
-
274
230,826
2025 Base
14,459
14,023
4,675,334
plus: 2025 Program changes
474
200
(109,162)
F2025 Estimate
14,933
14,223
4,566,172
Comparison by activity /subactivity
with totals by activity
2023
Actual
2024
Estimate
2025
Base
2025
Estimate
Increase/(Decrease)
from 2025 Base
Personnel
Amount
Personnel
Amount
Personnel
Amount
Personnel
Amount
Personnel
Amount
Patents
Pos./Obl.
12,458
3,487,888
12,774
3,856,716
12,774
4,061,257
13,195
3,972,511
421
(88,745)
FTE
11,338
12,118
12,373
12,527
154
Trademarks
Pos./Obl.
1,649
480,205
1,685
587,792
1,685
614,077
1,738
593,660
53
(20,417)
FTE
1,344
1,631
1,650
1,696
46
Total
Pos./Obl.
14,107
3,968,093
14,459
4,444,508
14,459
4,668,321
14,933
4,566,172
474
(109,162)
FTE
12,682
13,749
14,023
14,223
200
-
Adjustments for:
Offsetting Fee Collections
(4,040,161)
(4,119,306)
(4,554,940)
(4,554,940)
-
Other Income / Recoveries
(60,467)
(60,467)
(60,467)
(60,467)
-
Unobligated balance, start of year:
Operating Reserve Balance
(983,741)
(1,145,459)
(878,273)
(878,273)
PTFRF Balance
(31,633)
-
-
-
Unobligated balance, end of year:
Operating Reserve Balance
1,145,459
878,273
815,896
925,058
109,162
PTFRF Balance
-
-
-
-
-
Total Budget Authority
(2,450)
(2,450)
(2,450)
(2,450)
-
Financing from transfers
Transfer from other accounts (-)
-
-
-
-
-
Transfer to other accounts (+)
2,450
2,450
2,450
2,450
-
Appropriation
0
0
0
0
-
USPTO - 13
Department of Commerce
U.S. Patent and Trademark Office
SUMMARY OF RESOURCE REQUIREMENTS
(Doll
ar amounts in thousands)
Comparison by activity:
2025
Estimate
2026
Estimate
2027
Estimate
2028
Estimate
2029
Estimate
Exhibit 5
Personnel
Amount
Personnel
Amount
Personnel
Amount
Personnel
Amount
Personnel
Amount
Patents
Pos./Obl. 13,195
3,972,511
13,685 4,099,398 14,034 4,265,508 14,327
4,428,374
14,609
4,598,132
FTE
12,527
12,906
13,371
13,675
14,004
Trademarks
Pos./Obl. 1,738
593,660
1,808
610,349
1,864
634,879
1,919
663,647
1,970
690,143
FTE
1,696
1,774
1,820
1,869
1,920
Total Obligations Pos./Obl. 14,933 4,566,172 15,493 4,709,747 15,898 4,900,387 16,246 5,092,021 16,579 5,288,275
FTE
14,223
14,681
15,191
15,543
15,925
Adjustments for:
Offsetting Fee Collections (4,554,940) (4,878,801) (5,003,718) (4,999,192) (5,035,091)
Other Income / Recoveries
Unobligated balance, start of year:
(60,467) (60,467) (60,467) (60,467) (60,467)
Operating Reserve Balance (878,273) (925,058) (1,152,128) (1,313,476) (1,278,663)
PTFRF Balance - - - - -
Unobligated balance, end of year:
Operating Reserve Balance 925,058 1,152,128 1,313,476 1,278,663 1,083,497
PTFRF Balance - - - - -
Total Budget Authority
(2,450)
(2,450)
(2,450)
(2,450)
(2,450)
Financing from transfers
Transfer from other accounts (-) - - - - -
Transfer to other accounts (+)
2,450 2,450 2,450 2,450 2,450
Appropriation
0
0
0
0
0
USPTO - 14
Exhibit 7
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
SUMMARY
OF FINANCING
(Dollar amounts in thousands)
FY 2023
Actual
FY 2024
Current
FY 2025
Base
FY 2025
Estimate
Increase / Decrease
from 2025 Base
Total Obligations
3,968,093
4,444,508
4,675,334
4,566,172
(109,162)
Offsetting collections from:
Federal funds - - - - -
Trust funds - - - - -
Non-Federal sources (User Fee Collections) (4,040,161) (4,119,306) (4,554,940
) (4,554,940) -
Other Income
(5,085)
(5,085)
(5,085)
(5,085)
-
Recoveries
(55,382)
(55,382)
(55,382)
(55,382)
-
Unobligated balance, start of year (1,015,374) (1,145,459) (878,273) (878,273) -
Unobligated balance, transferred - - - - -
Unobligated balance, end of year 1,145,459 878,27
3 815,896 925,058 109,162
Unobligated balance, expiring - - - - -
Budget Authority
(2,450)
(2,450)
(2,450)
(2,450)
0
Financing:
Transfer from other accounts (-)
- - - - -
Transfer to other accounts (+) 2,450 2,450 2,450 2,450 -
Appropriation
0
0
0
0
0
USPTO - 15
Exhibit 8
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
ADJUSTMENTS TO BASE
(Dollar amounts in thousands)
FTE Amount
Technical Transfer to Departmental Management Salary and Expenses
-
-
Adjustments
-
-
Financing
- -
-
Other Changes:
-
-
2024 Pay raise 30,039
2025 Pay raise 34,098
Full-year cost in 2025 of positions financed for part-year in 2024 274 33,490
Other Compensation Adjustments (amounts include the annualization of the projected
implementation of the Patent Examiner Special Table increase) 94,086
Change in compensable days
-
Civil Service Retirement
System (CSRS)
-
Federal Employees Retire
ment System (FERS) (384)
Thrift Savings Plan (TSP)
-
Federal Insurance Contribution Act (FIC
A) - OASDI 3,619
Health insurance 3,095
Employee Compensation Fund 145
Post-Retirement Benefits to OPM 6,074
-
-
-
Travel 261
Rental payments to GSA 1,775
GSA Furniture and IT Program (FIT) (3)
Postage 34
Working Capital Fund, Departmental Management (882)
Cyber Security WCF 1,483
National Archives and Records Administration (NARA) 40
General Pricing Level Adjustment 24,738
Telecommunications Services – Enterprise Infrastructure Services (EIS) (912)
Enterprise Services
-
HCHB Utilities
-
Commerce Business System (C
BS)
-
Federal Protective Se
rvice 29
Subtotal, other changes 274
230,826
Total, adjustments to base 274
230,826
-
-
-
USPTO - 16
PATENT PROGRAM
USPTO - 17
This Page Is Intentionally Left Blank.
USPTO - 18
Exhibit 10
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
PROGRAM AND PERF
ORMANCE: DIRECT OBLIGATIONS
(Dollar amounts in thousands)
Activity: Patent Program
2023
Actual
2024
Current
2025
Base
2025
Estimate
Increase/Decrease
from 2025 Base
Sub-Activity:
Personnel
Amount
Personnel
Amount
Personnel
Amount
Personnel
Amount
Personnel
Amount
Patent Examining
Pos./Obl 10,594
2,420,722
10,864
2,655,077
10,864
2,821,933
11,256
2,835,271
392
13,339
FTE
9,861
10,395
10,615
10,743
128
Patent Trial and Appeals
Pos./Obl 413
83,425
413
90,828
413
89,644
413
89,622
-
(22)
FTE
356
354
352
352
-
Patent Information Resources
Pos./Obl 209
148,646
178
156,998
178
162,612
184
158,582
6
(4,029)
FTE
151
167
170
175
5
Subtotal Direct Pos./Obl 11,216 2,652,793 11,455 2,902,904 11,455 3,074,189 11,853 3,083,476 398 9,287
FTE 10,368 10,917 11,137 11,270 133
Cross Cutting Functions
-
Allocated Pos./Obl 1,241
835,095
1,319
953,812
1,319
987,068
1,342
889,036
23
(98,032)
FTE
970
1,202
1,236
1,257
20
Total
Pos./Obl 12,458
3,487,888
12,774
3,856,716
12,774
4,061,257
13,195
3,972,511
421
(88,745)
FTE
11,338
12,118
12,373
12,527
154
USPTO - 19
Exhibit 12
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
JUSTIFICATION OF PROGRAM A
ND PERFORMANCE
(Dollar amounts in thousands)
Activity: Patent Program
Goal Statement
The Patent Program carries out the USPTO’s mission by delivering patent services that promote inclusive innovation and by partnering
domestically and globally to educate and advise on ways to deter IP violations in accordance with laws, regulations, and practices.
Base Program
The Patent Program consists of the activities of the patent examination function and the Patent Trial and Appeal Board (PTAB), with
support from the Patent Information Resources function, which provides the tools and resources to carry out the Patent Program’s
mission-critical activities. The functions of the Patent Program are primarily demand-driven. Thus, the USPTO derived a majority of the
requirements for the FY 2025 base program from production-based workload modeling. The base resources needed to carry out the
agency’s mission include training, production incentive programs, and investments in IT solutions. The patent examination process
drives most of the Patent Program requirements. It consists of the activities shown in the following schematic as well as the major
functions described below. The USPTO allocates the budget estimates for line items according to processing functions.
USPTO - 20
Patent
Process
Pre-Examination
Processing
Serial
No.
Assigned
licensing
& Review Security
Sensitive
Cases
Separately
Processed
Administrative
Examination,
Filing Receipt
Mailed
Examination
Processing
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Applicant
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Applicant
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Post-Examination
Ini
tia
l Data Capture
Receipt
& review
of
allowed
applications and all Post-Allowance
correspondence
Initial Electronic Capture
for
Publication and I
ss
ue
File Maintenance
Faci
li
ty
Match
Post-Allowance
Documents and
Fees
Final Data Capture
Final Preparation & Electronic
Capture
for
Publication and Is
su
e
Patent Published and Issued
L
EGEND
No
rm
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te
Proce
ss
in
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Se
qu
ence
Exhibit 12
Statement of Operating Objectives
The objectives of the Patent Program align with the USPTO’s focus on enhancing the country’s innovation ecosystem and providing strong,
reliable, and predictable IP rights. Patents and the PTAB are meeting the USPTO’s strategic goals by achieving the following objectives and
corresponding initiatives. The Patent Program’s objectives include:
Issue and maintain robust and reliable patents.
Improve patent application pendency.
Optimize the patent application process to enable efficiencies for applicants and other stakeholders.
Enhance internal processes to prevent fraudulent and abusive behaviors that do not embody the USPTO’s mission.
USPTO - 21
Exhibit 12
Explanation and Justification
Line Item
2023
Actual
2024
Current
2025
Base
Personnel
Amount
Personnel
Amount
Personnel
Amount
Patent Examining
Pos./Obl.
10,594
2,420,722
10,864
2,655,077
10,864
2,821,933
FTE
9,861
10,395
10,615
Patent Trial and Appeals
Pos./Obl.
413
83,425
413
90,828
413
89,644
FTE
356
354
352
Patent Information
Resources
Pos./Obl. 209 148,646 178 156,998 178 162,612
FTE
151 167 170
Cross Cutting Functions -
Allocated
Pos./Obl. 1,241 835,095 1,319 953,812 1,319 987,068
FTE
970 1,202 1,236
Total
Pos./Obl. 12,458 3,487,888 12,774 3,856,716 12,774 4,061,257
FTE
11,338 12,118 12,373
Patent Program
For FY 2025, the USPTO base totals $4,061 million and 12,373 FTEs/12,774 positions for the Patent Program.
Proposed Patent Fee Adjustments
The USPTO is a fully fee-funded agency and must periodically assess and adjust fee rates to ensure aggregate fee collections finance
the aggregate costs necessary to issue robust and reliable patents. The agency recently completed a comprehensive patent fee review,
with the conclusion that fee adjustments are necessary to increase aggregate revenue (fee collections) and to refine certain fees to
finance ongoing operations efficiently.
As part of the patent fee review, the USPTO evaluated the financial outlook under the existing fee schedule and conducted significant
research on and analysis of proposed revisions to certain fees. The UAIA, signed into law on December 29, 2022, reduced barriers to
entering the patent system by increasing small and micro entity discounts. As a consequence of new, higher discounts, the USPTO
estimates its annual fee collections will be approximately $100 million less per year than previous estimates. Additionally, the broader
U.S. economy has experienced higher-than-expected inflation over the last two years and, in turn, increased USPTO operating costs.
The USPTO is also proposing to increase the patent special rate table, which will directly impact spending for the Patent Program
USPTO - 22
Exhibit 12
beginning in FY 2024. Consequently, the agency projects aggregate operating costs will exceed aggregate fee revenues for the Patent
Program. The USPTO will finance this operating shortfall using existing OR balances until the agency implements a new fee schedule
that realigns aggregate fee collections with aggregate costs.
Patent fee collection estimates included in this Budget are based on proposed patent fee adjustments presented in a May 2023 public
hearing, with an assumed effective date of January 8, 2025. The proposed fee rates will increase projected fee collections by
approximately $437.9 million in FY 2025, once fully implemented.
Patent Examining
Continued investment in patent examination remains a priority. The USPTO employs nearly 9,500 patent examiners and other patent
employees covered by a patent special pay rate table. In 2007, the table exceeded the Washington, D.C., area General Schedule (GS)
locality pay table by 11.431.4%, depending on employee grade, with lower grades receiving the higher end of the supplement. The
differential above the GS has diminished over the years. In 2024, five localities, including Washington, D.C., had GS locality pay tables
that exceeded the special rate table for covered employees grade 12 and above. This has resulted in nearly 50% of the covered
employees no longer receiving a specialized supplement above the GS counterparts. In 2007, the agency set rates above the federal GS
pay table because patent-related job fields require a highly educated and technical science, technology, engineering, and mathematics
(STEM) workforce. This specialization has historically posed recruitment challenges for the agency, and the increased pay rates kept the
USPTO competitive with private sector compensation opportunities. Absent this increase, the special rate table will become obsolete,
further reducing the USPTO’s competitive edge among the private sector and other federal agencies. As such, the USPTO is facing
rising turnover in the patent field and, in response, in accordance with 5 CFR 530.304, has submitted a special salary rate to increase
the patent special rate table during FY 2024. This increase in patent special pay is an agency priority, and the USPTO considers it critical
to the continuation of quality patent examination. The Budget assumes the requested increase will be approved and the funding of the
increase is included in the compensation projections through the budget horizon. The requested increase is subject to the federal
mandated pay caps, incorporated in the estimates herein. Estimates are subject to change pending formal approval and final
implementation dates. This Budget also includes funding for recruitment incentives for certain incoming hires in the patent examination
corps. These compensation investments will assist the USPTO in meeting hiring goals and retaining the tenured examination workforce
necessary to keep pace with performance demands, while continuing to attract and retain qualified candidates in the highly competitive
STEM job market.
These investments in patent examination also include funding for application readiness, continuation practice, prior art and searching,
training, prosecution changes, and enhancements to improve patent durability. Budgeted requirements for FY 2025 comprise necessary
funding for the Patent Program’s priorities, including mission-critical, multivendor contract support.
The patent application process begins when the USPTO receives the application. This marks the onset of the pre-examination stage.
Patent anticipates receiving 609,400 utility, plant, and reissue (UPR) applications in FY 2025, including 477,000 serialized applications.
These estimates represent a 2.1% growth in UPR applications and a 1.5% growth in serialized applications over the previous year.
USPTO - 23
Exhibit 12
Resources for the pre-examination function allow the agency to conduct an administrative review, determining applications’ compliance
with requirements for form, content, adequacy, and payment of appropriate fees for paper and electronic filings. Paper filings, which
represent about 1% of new applications, require additional resources for the agency to convert the files to electronic images. This
process includes assigning the official filing date and patent application tracking number and entering the patent bibliographic data (e.g.,
filing date, priority date, and inventor(s) title(s)) into the Patent Data Portal (PDP). Patent pre-examination resources also support the
pre-grant publication process for applicable filings.
The examination stage is critical to the USPTO achieving many of its strategic and performance goals. Patent uses funding to support a
highly educated and specialized workforce that produces the office actions needed to process patent applications. The USPTO will
require resources to support the 557,000 UPR production units estimated for FY 2025. A staff of over 8,800 patent examiners, supported
by management and contractors, IT tools, legal and policy resources, and training and quality investments, generates these units to
maintain the USPTO’s standards of excellence in patent examination.
The USPTO remains committed to emphasizing quality and training, enabling a continued focus on issuing reliable and predictable
patents. The terms “reliable” and “predictable” apply to patents the USPTO issues in compliance with all the requirements of title 35 of
the U.S. Code (U.S.C.) as well as the relevant case law at the time of issuance. The USPTO continues to develop patent examining staff
by investing in a range of opportunities for technical and legal training. These opportunities include training on subjects related to 35
U.S.C. section 101, 35 U.S.C. section 102, 35 U.S.C. section 103, 35 U.S.C. section 112, and search. The USPTO continues to run
programs to train stakeholders on USPTO practices and procedures to improve applicant submissions, including initial filings and
USPTO action responses, as well as collaboration between applicants and examiners. The USPTO’s quality assurance program remains
the agency’s foundation for assessing its multiple efforts to improve reliability and consistency. Under this program, the USPTO reviews
a random sample of patent examiners’ work products to provide timely, reliable, and meaningful indicators of examination quality.
Patents needs resources to continue the activities required for post-examination processing, which takes place after examiners have
allowed applications and issue fees have been paid. These resources will support the current FY 2025 estimate of 330,600 patents being
prepared by the USPTO for issuance, printing, and publication in a weekly edition of the electronic Official Gazette for dissemination to
the public. Post-issue activities also include reissues, reexaminations, certificates of correction, the processing of withdrawals, and
assignments.
Council for Inclusive Innovation
The USPTO established the CI
2
to support all future American innovators. The council, which comprises representatives from industry,
academia, and government, helps to guide the USPTO in developing a comprehensive national strategy for building a more diverse and
inclusive innovation ecosystem by encouraging participation demographically, geographically, and economically.
USPTO - 24
Exhibit 12
Patent Trials and Appeals
The USPTO’s PTAB manages dual jurisdictions, adjudicating ex parte appeals of examiners’ final rejections and conducting AIA trial
proceedings (inter partes reviews, post-grant reviews, the transitional program for covered business method patents, and derivation
proceedings). The PTAB is an administrative tribunal that consists of administrative patent judges (APJs) whose work contributes
significantly to the issuance of reliable and predictable patents. The PTAB projects it will receive approximately 5,140 appeals in FY
2025. The FY 2025 base resources fund the legal staffing and support the PTAB needs to meet statutory requirements, aligning capacity
with projected workloads to meet objectives continuously. These base resources enable the PTAB to reach and maintain pendency for
three activities:
The AIA trials which, by statute, must have a decision on whether to institute trial within three months of the patent owner filing a
preliminary response and which the PTAB must adjudicate within one year of instituting a trial;
Reexamination appeals which, by statute, must be completed with “special dispatch”; and
Ex parte appeals. Although ex parte appeals do not have a timeliness requirement, the PTAB remains committed to reducing the
inventory of open cases and remains committed to maintaining a strategic inventory level, hiring APJs as needed to support
workload projections, clearing the oldest cases, and reassigning judges according to the greatest need.
The PTAB strives to issue reliable and timely decisions by using these resources for judicial and legal staffs, systematic training, data
analytics, and trial-related studies. The PTAB is focused on enhancing decisional quality and educating and engaging stakeholders.
The base program also supports the PTAB Pro Bono Program, which the PTAB Bar Association administers and which matches under-
resourced inventors with volunteer patent practitioners for free legal assistance with ex parte appeal matters. The USPTO fully launched
the program in FY 2022, and the PTAB plans to expand the PTAB Pro Bono Program to cover AIA trial matters. PTAB proceedings are
often intimidating for under-resourced or inexperienced inventors and can place a hefty burden on their ability to practice their inventions.
The USPTO aims to provide equity in all aspects of the IP system and prioritizes expanding pro bono legal resources to appeals and
post-grant matters.
Patent Information Resources
This activity includes funding for the Patent Information Resources function, which supports the USPTO’s enterprise technology objective
of achieving world-class resiliency. Patent Information Resources also supports the following Patents product line key objectives:
Improve the patent filing experience;
Increase patent data quality;
Increase access to prior art;
Improve business operational efficiency through cloud migration; and
Expand the availability and improve the quality of PTAB data to mitigate operational and reputational risk.
USPTO - 25
Exhibit 12
Cross-Cutting Functions – Allocated
This sub-activity represents cross-cutting management and support activities that enable the Patent Program to accomplish its goals.
These activities can be directly related to Patents, such as Office of Human Resources activities dedicated to recruiting patent examiners
and APJs, or cross-cutting functions dedicated to overall USPTO activities, such as IP policy or financial management. The Budget
describes these activities in the Cross-Cutting Functions section. The USPTO allocates these costs to the Patent Program based on the
agency’s Activity Based Information (ABI) analysis and results.
USPTO - 26
Exhibit 13
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
PATENT PROGRAM
PROGRAM CHANGES FOR 2025
(Dollar amounts in thousands)
2025 Base 2025 Estimate
Increase/Decrease
from 2025 base
Personnel Amount Personn
el Amount Personnel Amount
Patent Examining
Pos./Obl. 10,864 2,821,933 11,256 2,835,271 392 13,339
FTE 10,615 10,743 128
Patent Examiner New Hires Pos./Obl. 10,864 2,288,211 11,256 2,288,744 392 533
FTE 10,615 10,743 128
Overtime / Production Incentives Pos./Obl. 157,763 168,828 - 11,065
FTE -
Workload Processing Contracts Pos./Obl. 375,959 377,699
- 1,740
FTE
-
Patent Trial and Appeals
Pos./
Obl.
413 89,644 413 89,622 - (22)
FTE
352 352 -
Patent Information Resources
Pos./Obl.
178 162,612 184 158,582 6 (4,029)
FTE 170 175 5
Direct Total, Patent Program Pos./
Obl.
11,455 3,074,189 11,853 3,083,476 398 9,287
FTE 11,137 11,270 133
USPTO - 27
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
PATENT PROGRAM
Exhibit 13
PROGRAM CHANGES FOR 2025–2029
(Dollar amounts in thousands)
2025
Increase/Decrease
2026
Increase/Decrease
2027
Increase/Decrease
2028
Increase/Decrease
2029
Increase/Decrease
Personnel
Amount
Personnel
Amount
Personnel
Amount
Personnel
Amount
Personnel
Amount
Patent Examining
Pos./Obl. 392
13,339
888
51,139
1,237
100,773
1,529
147,958
1,811
199,617
FTE
128
500
975
1,278
1,611
Patent Examiner New Hires Pos./Obl. 392 533 888 35,610 1,237 81,065 1,529 121,300 1,811 164,795
FTE 128 500 975 1,278 1,611
Overtime / Production
Incentives
Pos./Obl.
11,065
16,159
23,983
30,488
37,216
FTE
Workload Processing Contracts
Pos./Obl.
1,740
(630)
(4,276)
(3,830)
(2,394)
FTE
Patent Trial and Appeals
Pos./Obl. -
(22)
-
(61)
-
(114)
-
(168)
-
(223)
FTE
-
-
-
-
-
6 6 6 6 6
Patent Information Resources
Pos./Obl.
(4,029)
(9,702)
(13,345)
(17,026)
(20,747)
FTE
5
6
6
6
6
398 894 1,243 1,535 1,817
Direct Total, Patent Program
Pos./Obl.
9,287
41,377
87,314
130,764
178,647
FTE
133
506
981
1,284
1,617
USPTO - 28
(percent)
Exhibit 13
Sub-Activity: Patent Examining
Patent Examining ($13.3 Million and +128 FTEs/392 Positions): In FY 2025, the Patent Examining program change and base resources
will provide funding to ensure the high-quality and timely examination of patent applications, leading to the USPTO issuing reliable and
predictable patents. The requirements will also enhance the CX by ensuring the accuracy, consistency, and reliability of patent
examination, thereby increasing the value of the patent to the inventor. The requirements also support the DOC’s strategic objective of
promoting accessible, strong, and effective IP rights to advance innovation, creativity, and entrepreneurship.
The USPTO remains committed to processing patent applications promptly and has established patent timeliness goals based on PTA
time frames. Reducing the number of patents that receive PTAs provides consistently shorter pendency for all applications and gives
applicants greater certainty of the timeliness of their own cases. These resources will allow the USPTO to process incoming work for
which fees have been paid.
Assuming Patents successfully executes planned hiring, workload, and productivity levels in FY 2024 and FY 2025, these program
requirements collectively will enable Patents to:
Address 477,000 new serialized applications (609,400 UPR applications are expected to be filed in FY 2025), 1.5% above the
projected FY 2024 level;
Hold the current unexamined UPR inventory at approximately 817,900 by the end of FY 2025;
Continue to provide timely examination of patent applications by maintaining total PTA compliance for all mailed actions at 80% in
FY 2025; and
Maintain total PTA compliance for all remaining inventory at 81% in FY 2025.
Performance Measures
2025
2026
2027
2028
2029
Total PTA Compliance – all mailed actions (percent)
80
80
80
80
80
Total PTA Compliance – remaining inventory
81
80
80
80
81
remaining inventory
Without Funding:
Total PTA Compliance – all mailed actions (percent)
79
78
77
76
76
Total PTA Compliance – remaining inventory
80
79
77
76
74
(percent)
Outyear Costs:
Direct Obligations
13,339
51,139
100,773
147,958
199,617
FTE
128
500
975
1,278
1,611
Positions
392
888
1,237
1,529
1,811
USPTO - 29
Exhibit 13
Patent Examiner New Hires: In FY 2025, the USPTO will continue to calibrate the size of the patent examining staff with projected
application filings and desired performance results, as documented by patent production modeling. The USPTO projects serialized
patent application filings will increase by 1.5% in FY 2025 and, beginning in FY 2026, remain consistent at 1.0% annually through the
budget horizon. The USPTO plans to hire 850 UPR patent examiners in FY 2025 and 700–900 patent examiners annually from FY 2026
through FY 2029. Approximately 400 attritions offset these hires annually. The increased workforce is based on filing trends and planned
investments in enhanced quality—particularly, the issuance of reliable and predictable patents. The patent examiner corps comprises a
highly technical workforce, and the Patent Program changes will also fund the USPTO’s continued investment in competitive examiner
compensation and recruitment incentives through the budget horizon. These continued investments will help the USPTO to meet
expanded examination capacity needs while combating an increasingly competitive STEM job market. This funding will allow the USPTO
to continue to connect a diverse, elite STEM talent pool with fulfilling federal careers to meet the growing demand for reliable patent
services.
The production model considers this revised incoming work as well as the revised output of examiners. The careful calibration of quality,
workload, and hires will enable the USPTO to continue making progress on its PTA targets while enabling continued financial
sustainability.
2025
2026
2027
2028
2029
Outyear Costs:
Direct Obligations
533
35,610
81,065
121,300
164,795
Budget Authority
533
35,610
81,065
121,300
164,795
FTE
128
500
975
1,278
1,611
Positions
392
888
1,237
1,529
1,811
Council for Inclusive Innovation (CI
2
): In FY 2025, the USPTO will fund programming that expands on the efforts to increase
participation in the innovation ecosystem by encouraging, empowering, and supporting all future innovators, including women and other
underrepresented groups. This program change will support the USPTO’s CI2 objective by expanding the programming for IP community
outreach campaigns. This program change will also leverage the USPTO’s nationwide workforce as a powerful tool for educating local
communities on the importance of IP as well as achieving the goal of increasing IP literacy and participation in the innovation ecosystem
across our nation’s population. USPTO IP ambassadors will engage with new audiences on the importance of protecting ideas and
brands to help to foster new businesses and economic activity. In addition, this funding will support a laptop reuse partnership initiative
and paid internship programs for community college and four-year college students to broaden the inclusion of underrepresented groups
by providing a curriculum that will encourage students to seek full-time employment in the IP and innovation ecosystem.
USPTO - 30
Exhibit 13
Overtime/Production Incentives: The USPTO uses overtime and production incentives to continue to align production with workload
demand. Each overtime hour worked ties directly to production output, as do production incentives. As such, overtime has proven to be
more efficient on a per-hour basis than equivalent regular-time hours, which must also incorporate the costs of training, employee leave,
and other employee benefits. Funding the full amount of examiner overtime and other production incentives is essential to achieving PTA
and inventory goals. The inherent flexibility of overtime allows Patents to expand its production capacity easily while also maintaining
optimal staffing levels.
2025
2026
2027
2028
2029
Outyear Costs:
Direct Obligations 11,065 16,159 23,983 30,488 37,216
Budget Authority 11,065 16,159 23,983 30,488 37,216
FTE 0 0 0 0
0
Positions 0 0 0 0 0
Workload Processing Contracts: Patents uses contractor support to manage the application and issuance processes. The contract
costs are based on the number of applications, examiner production, and granted patents. Specifically, Patents uses these contracts for:
Front-end processing of newly filed applications, incoming documents, and outgoing documents and quality assurance of
electronic filings based on the increase in electronically filed applications and the number of pages per application;
Data capture of applications subject to publication at 18 months as a pre-grant publication;
Pre-grant publication and initial classification services whereby a contractor classifies all incoming applications once they have
been through the initial security review; and
Patent publication, which includes capturing granted patents data and generating both a text-searchable file and an image file for
electronic dissemination.
Additionally, Patents will use funding for information security system officers to support the workload contracts, establish security and
privacy policies, and protect information.
USPTO - 31
Exhibit 13
2025
2026
2027
2028
2029
Outyear Costs:
Direct Obligations
1,740
(630)
(4,276)
(3,830)
(2,394)
Budget Authority
1,740
(630)
(4,276)
(3,830)
(2,394)
FTE
0
0
0
0
0
Positions
0
0
0
0
0
Sub-Activity: Patent Trials and Appeals
PTAB Production and AIA Workload (-$22.0 Thousand and 0 FTEs/0 Positions): For FY 2025 through FY 2029, the PTAB projects that
costs will decrease slightly due to efficiencies found in savings via non-compensation that are below the allowed inflationary adjustments.
2025
2026
2027
2028
2029
Outyear Costs:
Direct Obligations
(22)
(61)
(114)
(168)
(223)
Budget Authority
(22)
(61)
(114)
(168)
(223)
FTE
0
0
0
0
0
Positions
0
0
0
0
0
FY 2023
FY 2024
FY 2025
FY 2026
FY 2027
FY 2028
FY 2029
APPEALS
Incoming appeals
(Ex parte appeals)
4,413
4,501
4,569
4,615
4,661
4,708
4,755
Appeals disposed
4,785
4,680
4,757
4,566
4,511
4,511
4,511
Appeal inventory/backlog
(Ex parte appeals)
4,231
4,052
3,864
3,913
4,063
4,260
4,504
Board months of inventory
12
11
10
10
10
11
11
AIA TRIAL
USPTO - 32
Exhibit 13
FY 2023
FY 2024
FY 2025
FY 2026
FY 2027
FY 2028
FY 2029
AIA petitions filed
1,246
1,271
1,290
1,303
1,316
1,329
1,342
AIA petitions disposed
1,390
1,314
1,288
1,289
1,305
1,317
1,330
ADMINISTRATIVE PATENT JUDGES
Total APJs and PAs
(incl. executive APJs and vacancies)
301
301
301
301
301
301
301
Sub-Activity: Patent Information Resources
Patents Product Line (-$4.0 Million and 5 FTEs/6 Positions): The Patents product line will focus on the following objectives:
Improve the Patent Filing Experience: Based on customer feedback, modernizing the USPTO’s patent filing system by using
new technologies, new filing capabilities (e.g., DOCX application types), and filing assistance promotes a better user experience
for agency stakeholders.
Increase Patent Data Quality: Improving patent data quality through the full patent application life cycle will reduce operational
costs over time and improve the timeliness and quality of published grants.
Increase Access to Prior Art: Providing search stakeholders with new technologies, including AI, increased prior art collections,
and automation efficiencies, will improve the CX.
Improve Business Operational Efficiency through Cloud Migration: Leveraging cloud infrastructure for the Patents product
line will improve resiliency and system performance across the patent application life cycle, reduce operational disruptions, and
improve security posture.
Expand the Availability and Improve the Quality of PTAB Data to Mitigate Operational and Reputational Risk: Providing
increased access to complete, accurate case data and promoting more case decision transparency and consistency will increase
operational efficiency and better communicate PTAB case outcomes and statistics.
Appendix III to this Budget contains additional information about Patents planned IT activities.
2025
2026
2027
2028
2029
Outyear Costs:
Direct Obligations
(4,029)
(9,702)
(13,345)
(17,026)
(20,747)
Budget Authority
(4,029)
(9,702)
(13,345)
(17,026)
(20,747)
FTE
5
6
6
6
6
Positions
6
6
6
6
6
USPTO - 33
Exhibit 13
Additional information regarding schedules, milestones, and deliverables can be found in the USPTO’s Exhibit 300 submissions located on the
Federal IT Dashboard.
USPTO - 34
Exhibit 14
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
PROGR
AM CHANGE PERSONNEL DETAIL
Activity:
Patents
Subactivity:
Program Change:
Full-time permanent
Annual
Total
Title:
Grade
Number
Salary
Salaries
Patent Examiner
7
460
86,658
39,862,680
Patent Examiner
9
340
90,774
30,863,160
Patent Examiner
11
85
97,360
8,275,600
Patent Attritions
Various
(507)
139,163
(70,555,478)
Patent Examiner Support Positions
Various
14
101,344
1,418,815
IT Specialists
Various
6
168,129
1,008,773
Total
398
10,873,550
Less lapse
66%
(264)
(10,896,137)
Total full-time permanent (FTE)
133
(22,587)
2025 Pay Adjustment (2%)
22,753
Total
166
Personnel Data Summary
Full-Time Equivalent Employment
Full-time permanent
133
Other than full-time permanent
-
Total
133
Authorized Positions:
Full-time permanent
398
Other than full-time permanent
-
Total
398
USPTO - 35
Exhibit 15
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
PROGRAM CHANGE DETAIL BY OBJECT CLASS
(Direct Obligations amounts in thousands)
Activity: Patent Program
Object Class
2023
Actual
2024
Current
2025
Base
2025
Estimate
2025
Increase/Decrease
from 2025 base
11
Personnel compensation
11.1
Full-time permanent
1,456,152
1,601,404
1,719,182
1,719,348
166
11.3
Other than full-time permanent
-
-
-
-
-
11.5
Other personnel compensation
136,378
160,151
162,448
173,514
11,065
11.8
Special personnel services payments
-
-
-
-
-
11.9
Total personnel compensation
1,592,530
1,761,555
1,881,630
1,892,861
11,231
12
Civilian personnel benefits
551,557
623,513
664,366
664,733
367
13
Benefits for former personnel
-
-
-
-
-
21
Travel and transportation of persons
1,460
7,204
7,349
7,398
50
22
Transportation of things
2
13
13
13
0
23.1
Rental payments to GSA
-
-
-
-
-
23.2
Rental payments to others
26
-
-
-
-
23.3
Communications, utilities and miscellaneous charges
288
301
307
305
(2)
24
Printing and reproduction
198,180
183,055
186,716
186,359
(357)
25.1
Advisory and assistance services
50,812
55,744
56,859
56,622
(237)
25.2
Other services
87,437
80,685
82,298
83,356
1,058
25.3
Purchases of goods & services from Gov't accounts
173
100
102
100
(2)
25.4
Operation and maintenance of facilities
-
-
-
-
-
25.5
Research and development contracts
-
-
-
-
-
25.6
Medical Care
-
-
-
-
-
25.7
Operation and maintenance of equipment
57,628
139,139
141,923
138,154
(3,769)
25.8
Subsistence and support of persons
-
-
-
-
-
26
Supplies and materials
45,602
48,538
49,509
50,463
954
31
Equipment
64,412
606
618
612
(6)
32
Lands and structures
-
-
-
-
-
33
Investments and loans
-
-
-
-
-
41
Grants, subsidies and contributions
-
-
-
-
-
42
Insurance claims and indemnities
437
-
-
-
-
43
Interest and dividends
-
2
2
2
(0)
44
Refunds
2,248
2,448
2,497
2,497
0
99
Total obligations
2,652,793
2,902,904
3,074,189
3,083,476
9,287
USPTO - 36
TRADEMARK PROGRAM
USPTO - 37
This Page Is Intentionally Left Blank.
USPTO - 38
Exhibit 10
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
PROGRAM AND PERFORMANCE: DIRECT OBLIGATIONS
(Dollar amounts in thousands)
Activity: Trademark Program
2023
Actual
2024
Current
2025
Base
2025
Estimate
Increase/Decrease
from 2025 Base
Line Item
Personnel
Amount
Personnel
Amount
Personnel
Amount
Personnel
Amount
Personnel
Amount
Trademark Examining
Pos./Obl
1,164
219,295
1,180
276,021
1,180
293,215
1,224
293,183
44
(32)
FTE
961
1,158
1,172
1,210
38
Trademark Appeals and
Inter Partes Proceedings
Pos./Obl
91
16,605
96
22,950
96
23,367
100
24,457
4
1,090
FTE
71
96
96
100
4
Trademark Information
Resources
Pos./Obl
73
59,199
83
59,373
83
60,958
84
50,332
1
(10,626)
FTE
54
78
76
77
1
Subtotal Direct
Pos./Obl
1,328
295,100
1,359
358,344
1,359
377,539
1,408
367,972
49
(9,567)
FTE
1,087
1,331
1,344
1,387
42
Cross Cutting Functions -
Allocated
Pos./Obl
322
185,105
327
229,448
327
236,538
331
225,688
4
(10,850)
FTE
257
299
305
309
4
Total
Pos./Obl
1,649
480,205
1,685
587,792
1,685
614,077
1,738
593,660
53
(20,417)
FTE
1,344
1,631
1,650
1,696
46
USPTO - 39
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
Exhibit 12
JUSTIFICATION OF PROGRAM AND PERFORMANCE
(Dollar amounts in thousands)
Activity: Trademark Program
Goal Statement
The USPTO’s Trademark Program carries out the USPTO’s mission by delivering trademark services that promote inclusive innovation
and by partnering domestically and globally to educate and advise on ways to deter IP violations and fraudulent behavior in accordance
with laws, regulations, and practices.
Base Program
The Trademark Program performs a valuable function by identifying the source of products and services and serving as a reliable
indicator of quality to the consumer. By registering trademarks, the USPTO has a significant role in protecting consumers, as well as in
providing important benefits to American businesses by allowing them to strengthen and safeguard their brands and related investments.
Examining trademark applications consists of the activities shown in the following schematic and the major functions described below.
Statement of Operating Objectives
Some of the Trademark Program’s major objectives are:
Protect the integrity of the Trademark Register.
Improve trademark application pendency.
Optimize trademark application processes to enable efficiencies for applicants and other stakeholders.
USPTO - 40
Exhibit 12
Trademark Process
Section 1a. Timeline: Application based on use in commerce Section 1b. Timeline: Application based on intent to use
USPTO - 41
Exhibit 12
Explanation and Justification
Line Item
2023
Actual
2024
Current
2025
Base
Personnel
Amount
Personnel
Amount
Personnel
Amount
Trademark Examining
Pos./Obl. 1,164 219,295 1,180
276,021 1,180 293,215
FTE
961
1,158
1,172
Trademark Trial and
Pos./Obl.
91
16,605
96 22,950 96 23,367
Appeals
FTE
71
96 96
Trademark Information
Pos./Obl. 73 59,199 83 59,373 83 60,958
Resources FTE
54
78 76
Cross Cutting
Pos./Obl. 322 185,105 327 229,448 327 236,538
Functions - Allocated FTE
257
299 305
Total
Pos./Obl.
1,649
480,205 1,685 587,792 1,685 614,077
FTE 1,344 1,631 1,650
Trademark Program
For FY 2025, the USPTO base totals $614 million and 1,650 FTEs/1,685 positions for the Trademark Program.
Proposed Trademark Fee Adjustments
As a fully fee-funded agency, the USPTO must periodically assess and adjust fee rates to ensure aggregate fee collections finance the
aggregate costs necessary to maintain accurate and reliable trademarks. The agency recently completed a comprehensive trademark
fee review, with the conclusion that fee adjustments are necessary to increase aggregate revenue (fee collections) and to refine certain
fees to finance ongoing operations efficiently.
As part of the trademark fee review, the USPTO evaluated the financial outlook under the existing fee schedule and conducted
significant research on and analysis of proposed revisions to certain fees. The financial outlook has two principal themes. First, forecasts
for aggregate revenue using current demand estimates are lower than prior forecasts. Lower-than-expected demand is coinciding with
changes to trademark filing and renewal patterns, resulting in some imbalances in the overall fee structure. Second, the broader U.S.
economy has experienced higher-than-expected inflation over the last two years, and this, in turn, has increased the USPTO’s operating
costs. Consequently, aggregate operating costs will exceed aggregate fee collections for the Trademarks business line. The USPTO will
finance this operating shortfall using existing OR balances until the agency implements a new fee schedule that increases fee
collections.
USPTO - 42
Exhibit 12
Trademark fee collection estimates included in this Budget are based on proposed trademark fee adjustments presented in a June 2023
public hearing, with an assumed effective date of November 23, 2024. The proposed fee rates will increase projected fee collections by
about $150 million per year, once fully implemented.
Trademark Examining
The USPTO plays a critical role in notifying the public of marks that are being used or that applicants plan to use in the future through the
agency’s online databases of registered and pending trademarks. Prior to filing an application for registration or establishing or investing
in a mark, business owners can survey marks currently in use or proposed for use by using support services or online resources
available to customers who are preparing to file their applications with the USPTO. These support services consist of the public search
rooms located at the USPTO’s facilities in Alexandria, Virginia; the Patent and Trademark Resource Centers (formerly Depository
Libraries) located across the country; the USPTO’s online information about trademark basics and how-to videos; frequently asked
questions, manuals, search systems, and electronic filings; and a customer service call center operated by the Trademark Assistance
Center.
The USPTO electronically files and processes trademark applications for registering a mark. When the USPTO receives an application, it
subjects the proposed mark to a quality review process. During that process, Trademarks reviews the electronically tagged application
data to add the international classification and design search codes that facilitate searching and examination. Trademark electronic
automated systems automatically transfer the tagged data in a trademark application to the appropriate data fields. Trademark
automated systems are the source of application and registration data the USPTO uses while processing, examining, and maintaining
registered trademarks; the information the agency makes available to the public through www.uspto.gov; and the information in the
Official Gazette, which the USPTO publishes electronically and which provides notice of marks approved by examining attorneys, marks
registered following commencement of use, and registrations maintained by registrants. Input processing also encompasses the
processing of international applications filed under the Madrid Protocol.
One of the USPTO’s more than 700 trademark examining attorneys determines whether the mark in each newly filed application is
entitled to registration under the provisions of the Trademark Act of 1946, as amended. As part of this process, the examining attorney
conducts a search of prior filed and registered marks to evaluate whether a conflict exists between the mark in the application and a
previously filed application or registration. Examining attorneys evaluate many types of marks, such as trademarks, service marks,
certification marks, and collective membership marks against the criteria for registrability set out in the Trademark Act of 1946, as
amended. The examining attorney searches a database of more than three million registered marks and 1.2 million pending marks to
determine whether the mark in the subject application is confusingly similar to an existing mark. Based upon this evaluation, examining
attorneys make a determination to approve or deny an application for registration.
Trademarks publishes an approved application prior to registration to notify interested parties who may file an opposition to registration.
Trademarks registers marks if their use in commerce is unopposed or if they survive any filed opposition. Marks filed based on intent to
use receive a notice of allowance following the opposition period if they are unopposed or if they survive any filed opposition.
USPTO - 43
Exhibit 12
Registration occurs following the USPTO’s issuance of a notice of allowance and the applicant’s subsequent filing and acceptance of a
Statement of Use.
Quality and Training are important components of the examination process. Trademarks integrates the resources required for high-
quality examination and registration of trademark applications into the total examination costs.
Under the quality assurance program, Trademarks reviews the results of an examining attorney’s first and final office actions for the
quality of the substantive basis for decision-making, search strategy, evidence, and writing. Based on the data Trademarks collects from
these reviews, the USPTO has targeted both electronic and traditional training initiatives addressing specific areas for improvement. The
USPTO ensures all examining attorneys possess the knowledge, skills, and abilities necessary to perform their jobs as part of the
agency’s commitment to improving examination quality. For example, examining attorneys can take a series of self-paced e-learning
tutorials. Trademarks also implements new e-learning modules throughout the year based on topics the program identifies through
quality review evaluations.
Trademarks continues its efforts to improve quality in a cost-effective manner. To raise the bar, Trademarks has instituted an Exceptional
Office Action, which emphasizes comprehensive excellence in office actions and expands upon the existing first and final action
standards for correct decision-making. An Exceptional Office Action reflects correct decision-making, includes excellent evidentiary
support, and is exceptionally well written.
Policy and Legal are critical components of the trademark examination process. Policy and legal processes consist of establishing
trademark examination policy standards; serving as the authority on trademark laws, rules, and examining practices and procedures;
implementing treaty obligations; implementing judicial and Trademark Trial and Appeal Board (TTAB) decisions; publishing rules for
public comment and final rules; and maintaining the Trademark Manual of Examining Procedure. Trademarks includes the costs of
performing these functions in the examination costs.
Owners can maintain trademark registrations indefinitely, as long as the registered mark is in use under the Trademark Act of 1946, as
amended. Registrations for marks on the Principal and Supplemental Registers require periodic renewal every 10 years. To maintain
rights to a mark, between the fifth and sixth years from the date of registration, the owner must file an affidavit attesting to the use of the
registered mark. To renew a trademark registration, the owner must again file an acceptable affidavit of use and an application for
renewal within one year before the end of every 10-year registration period. Owners of marks on the Principal Register can also make a
claim of incontestability to claim exclusive rights after the mark has been in continuous use in commerce for a period of five consecutive
years after the registration date. The owner can also file requests to correct or amend a trademark registration.
Trademarks examines filings for completeness and compliance with statutory requirements. To ensure the accuracy of registered marks,
the USPTO conducts a random audit of marks submitted for maintenance or renewal to verify that goods and services continue to be
used in commerce. Failure to file the required affidavit and proof of use or to substantiate use when audited results in the USPTO
USPTO - 44
Exhibit 12
canceling the registration. These requirements serve to remove trademarks from the register when the marks are no longer in use to
facilitate others’ clearance and selection of marks.
Trademark Trials and Appeals
Administrative Trademark Judges (ATJs) on the TTAB review examining attorneys adverse registrability determinations (refusals of
registration) when applicants appeal adverse determinations. The ATJs also conduct and decide opposition (trial) proceedings when an
interested party believes it will be harmed by, and therefore challenges, the registration of a published mark as well as when trial
proceedings (cancelations) involve registrations in which a third party wishes to challenge the validity of, or restrict, a registration.
Trademark Information Resources
The Trademark Information Resources function supports the USPTO’s enterprise technology objective of achieving world-class
resiliency. Trademark Information Resources also supports the following Trademarks product line key objectives:
Reduce trademark pendency in examination and prosecution;
Improve the efficiency of trademark customers’ filing experiences; and
Create a new trademark platform and retire the Trademark Reporting and Monitoring (TRAM) system.
Cross-Cutting Functions – Allocated
This sub-program represents cross-cutting management and support activities that enable the Trademark Program to accomplish its
goals. These activities can be directly related to Trademarks (for example, Office of Human Resources activities in support of recruiting
trademark examining attorneys and APJs) or cross-cutting functions dedicated to overall USPTO activities (for example, IP policy or
financial management). The Budget describes these activities in the Cross-Cutting Functions section. The USPTO allocates these costs
to the Trademark Program based on the agency’s ABI analysis and results.
USPTO - 45
Exhibit 13
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
Trademark Program
PROGRAM CHANGES FOR 2025
(Dollar amounts in thousands)
2025 Base
2025 Estimate
Increase/Decrease
from 2025 base
Personnel
Amount
Personnel
Amount
Personnel
Amount
Trademark Examining
Pos./Obl.
1,180
293,215
1,224
293,183
44
(32)
FTE
1,172
1,210
38
Trademark Trial and Appeals
Pos./Obl.
96
23,367
100
24,457
4
1,090
FTE
96
100
4
Trademark Information Resources
Pos./Obl.
83
60,958
84
50,332
1
(10,626)
FTE
76
77
1
Direct Total, Trademark Program
Pos./Obl.
1,359
377,539
1,408
367,972
49
(9,567)
FTE
1,344
1,387
42
USPTO - 46
Exhibit 13
Department of Commerce
U.S. Patent and Trademark Office
TRADEMARK PROGRAM
PROGRAM CHANGES FOR 2025–2028
(Dollar amounts in thousands)
2025
2026
2027
2028
2029
Personnel
Amount
Personnel
Amount
Personnel
Amount
Personnel
Amount
Personnel
Amount
Trademark
Examining
Pos./Obl.
44
(32)
110
22,682
160
29,824
215
41,989
266
52,813
FTE
38
111
153
200
252
Trademark Trial
and Appeals
Pos./Obl.
4
1,090
8
1,894
12
3,043
12
3,446
12
3,550
FTE
4
7
11
12
12
Trademark
Information
Resources
Pos./Obl.
1
(10,626)
2
(11,596)
3
(12,807)
4
(14,031)
4
(15,271)
FTE
1 2 3 4 4
Direct Total,
Trademark
Program
Pos./Obl.
49
(9,567)
120
12,980
175
20,060
231
31,403
282
41,092
FTE
42
120
167
216
268
USPTO - 47
Exhibit 13
Sub-Activity: Trademark Examining
Trademark Examining (-$.03 Million and +38 FTEs/44 Positions): In FY 2025, the Trademark Examining program change and base
resources will align trademark application examination capacity with estimated workloads and enhance the quality of legal services. To
handle the expected increase in workloads, the USPTO is continuing hiring examining attorneys at a steady state, as well as piloting a
program that adds provisional, flexible workforce capacity via non-attorneys to address the high inventory levels more quickly. The
USPTO plans to hire approximately 80 trademark examining attorneys in FY 2025. Approximately 30 annual attritions partially offset
these hires. Conversely, Trademarks’ non-compensation and contractual services needs have decreased in areas such as examination
surge support from contractors and trademark examination process reengineering and optimization. Collectively, these factors have
resulted in an overall negative trademark examining program initiative.
First action pendency measures the time between when the USPTO first receives a trademark application and when an examining
attorney first reviews the application. Prior to FY 2021, Trademarks routinely issued first actions on newly filed applications in less than
3.5 months annually, dating back to 2007. Following the unexpected surge in filings during the pandemic, unexamined inventory reached
a record high and pendency increased sharply to 8.5 months. With dedicated and concerted efforts, the USPTO managed to stabilize
pendency and inventory in FY 2023, and the agency is projecting significant improvements in the future, lowering the pendency target to
7.5 months in FY 2025. The gradual pendency adjustment recognizes that working through the unprecedented surge and backlog will
take several years. Moreover, an increase in fraudulent behavior has made the examination process more complex and time-consuming,
which compounds the pendency challenge. Trademarks projects a 4.6% increase in application filings in FY 2025 and growth rates
ranging from 5.6%–5.7% over the remainder of the planning horizon. This program change addresses the need to balance forecasted
new filings and workload, existing inventories, and examination capacity. These resources are necessary to accomplish the strategic
goal of optimizing trademark quality and timeliness, which is a critical part of the DOC’s strategic objective of promoting strong and
effective IP rights.
Performance Measures: 2025 2026 2027 2028 2029
First Action Pendency (months) with increase 7.5 6.3 5.9 5.5 4.9
First Action Pendency (months) without increase 9.3 9.5 10.4 11.3 11.7
Direct Obligations
(32) 22,682 29,824 41,989 52,813
Budget Authority
(32) 22,682 29,824 41,989 52,813
FTE 38 111 153 200 252
Positions 44 110 160 215 266
Outyear Costs:
USPTO - 48
Exhibit 13
Sub-Activity: Trademark Appeals and Trial Proceedings
TTAB Staffing (+$1.1 Million and +4 FTEs/4 Positions): The USPTO requires an increase of $1.1 million and four positions to handle
projected workload increases in ex parte appeals and trial cases in FY 2025. This request includes two new ATJs and two new
interlocutory attorneys to manage the growth of the TTAB’s workload, which follows directly from increased trademark application filings.
Additionally, the Trademark Modernization Act (TMA) created expungement and reexamination proceedings, which are new ways for
stakeholders and the agency to cancel registrations for unused marks, in whole or in part. As stakeholders use these new proceedings
more, the TTAB expects the number of appeal proceedings to increase. These additional resources will ensure the TTAB can continue to
conduct timely and high-quality appeals and trial cases.
Historically, when workloads have increased, adding ATJ FTEs has proven to be critical to bringing and keeping the TTAB closer to its
goals. In FY 2025 and beyond, the proposed additional ATJ FTEs will again be critical to allowing the TTAB to meet its goals and
enabling it to sustain pendency at expected levels.
Performance Measures (in months)
2025 2026 2027 2028 2029
Final Decision Pendency for Appeals with increase <12 <12 <12 <12 <12
Final Decision Pendency for Appeals without increase 12-16 12-17 12-18 12-19 12-20
Final Decision Pendency for Trials with increase <15 <15 <15 <15 <15
Final
Decision Pendency for Trials without increase 15-20 15-21 15-22 15-23 15-24
Outyear Cost
s:
Direct Obligations
1,090 1,894 3,043 3,446 3,550
Budget Authority
1,090 1,894 3,043 3,446 3,550
FTE
4
7
11
12
12
Positions 4 8 12 12 12
Sub-Activity: Trademark Information Resources
Trademark Information Resources (-$10.6 Million and 1 FTEs/1 Position): The agency forecasts that in FY 2025 and over the
budget horizon, Trademark Information Resources costs will decline annually due to retirement and modernization of legacy
trademark IT systems. The Trademarks product line will focus on the following objectives:
USPTO - 49
Exhibit 13
Reduce Trademark Pendency in Examination and Prosecution: Launching Trademark Exam (TM Exam) on a
modernized platform will result in continuous improvements to the examination workflow and reduce the overall
timeline for examination. Successful implementation will contribute to pendency reduction.
Improve Efficiency in the Trademark Customer Filing Experience: Modernizing the agency’s trademark systems
will improve the customer filing experience with Trademarks. The USPTO will know it is successful when it sees
improved customer satisfaction feedback, reduced operational and support costs, and improved resiliency.
Create New Trademark Platform and Retire TRAM: Replacing the legacy TRAM with Trademark Records
Management (TRM) and supporting common services will result in reduced operational and support costs and
improved resiliency and will enable trademark systems to leverage modern approaches. The USPTO will know it is
successful when TRAM is retired.
Appendix III to this Budget contains additional information about planned IT activities for Trademarks.
2025 2026 2027 2028 2029
Outyear Costs:
Direct Obligations
(10,626)
(11,596)
(12,807)
(14,031)
(15,271)
Budget Authority
(10,626)
(11,596)
(12,807)
(14,031)
(15,271)
FTE
1
2
3
4
4
Positions
1
2
3
4
4
Visit the USPTO’s Exhibit 300 submissions located on the Federal IT Dashboard for additional information regarding schedules, milestones, and
deliverables.
USPTO - 50
Exhibit 14
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
PROGRAM CHANGE PERSONNEL DETAIL
Activity: Trademarks
Program Change:
Full-time permanent
Title: Grade Number
Annual
Salary
Total
Salaries
Examining Attorney 11 74
82,679 6,118,230
Staff Attorney 15 2 163,796 327,593
Communications Manager 14 1 139,251 139,251
Budget/Program Analyst 14 1 139,251 139,251
TM Business Analyst – Innovation Division 14 1 139,251 139,251
Business Requirements Analyst 14 1 139,251 139,251
Testing & Operational Support 14 1 139,251 139,251
Management and Program Analyst 12 1 99,097 99,097
Biz Intelligence Analyst/Data Analyst 14 1 139,251 139,251
Program Analyst/Data Analyst
14 1 139,251 139,251
Data Analyst 14 1 139,251 139,251
Program Analyst (eFil
ing) 13 1 117,840 117,840
Director of IT Program/IT Trademark Administrator 15 1 180,174 180,174
TM Attritions Various (42) 117,840 (4,949,271)
Administrative Trademark Judge (ATJ) AD 2 212,146 424,293
Interlocutory Attorney (IA) 15 2 193,042 386,084
Total 49 3,818,049
less Lapse 13% (7) (551,788)
Total full-time permanent (FTE) 42 3,266,261
2025 Pay Adjustment (2%) 41,085
Total 3,307,346
-
Personnel Data Summary Number
Full-Time Equivalent Employment
Full-time permanent 42
Other than full-time permanent
-
Total FTE 42
Authorized Positions:
USPTO - 51
Full-time permanent 49
Other than full-time permanent -
Total Positions 49
Exhibit 14
USPTO - 52
Exhibit 15
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
PROGRAM CHANGE DETAIL BY OBJECT CLASS
(Direct Obligations amounts in thousands)
Activity: Trademark Program
Object Class
2023
Actual
2024
Current
2025
Base
2025
Estimate
Increase/Decrease
from 2025 base
11
Personnel compensation
11.1
Full-time permanent
161,883
192,915
205,694
209,001
3,307
11.3
Other than full-time permanent
-
-
-
-
-
11.5
Other personnel compensation
16,363
28,927
30,692
30,692
-
11.8
Special personnel services payments
-
-
-
-
-
11.9
Total personnel compensation
178,246
221,842
231,264
239,694
8,429
12
Civilian personnel benefits
63,107
74,499
77,910
79,204
1,294
13
Benefits for former personnel
-
-
-
-
-
21
Travel and transportation of persons
220
419
427
419
(8)
22
Transportation of things
3
1
1
1
(0)
23.1
Rental payments to GSA
-
-
-
-
-
23.2
Rental payments to others
3
161
164
1
(163)
23.3
Communications, utilities and miscellaneous charges
2
8
8
8
(0)
24
Printing and reproduction
23
50
51
-
(51)
25.1
Advisory and assistance services
373
2,269
2,314
1,815
(499)
25.2
Other services
4,807
10,628
10,841
9,168
(1,673)
25.3
Purchases of goods & services from Gov't accounts
1
1,203
1,227
1,203
(24)
25.4
Operation and maintenance of facilities
-
-
-
-
-
25.5
Research and development contracts
-
-
-
-
-
25.6
Medical care
-
-
-
-
-
25.7
Operation and maintenance of equipment
35,929
44,456
45,345
33,400
(11,945)
25.8
Subsistence and support of persons
-
-
-
-
-
26
Supplies and materials
1,881
2,209
2,253
2,384
131
31
Equipment
9,852
45
46
122
76
32
Lands and structures
-
-
-
-
-
33
Investments and loans
-
-
-
-
-
41
Grants, subsidies and contributions
-
-
-
-
-
42
Insurance claims and indemnities
-
-
-
-
-
43
Interest and dividends
-
-
-
-
-
44
Refunds
652
555
566
555
(11)
99
Total obligations
295,100
358,344
377,539
367,972
(9,567)
USPTO - 53
This Page Is Intentionally Left Blank.
USPTO - 54
CROSS-CUTTING FUNCTIONS
USPTO - 55
Exhibit 10
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
PROGRAM AND PERFORMANCE: DIRECT OBLIGATIONS
(Dollar amounts in thousands)
Activity: Cross-Cutting Functions
2023
Actual
2024
Current
2025
Base
2025
Estimate
Increase/Decrease
from 2025 Base
Sub-Activity:
Personnel
Amount
Personnel
Amount
Personnel
Amount
Personnel
Amount
Personnel
Amount
Policy, External Affairs and Administrative
Support
Pos./Obl
116
30,651
118
36,553
118
37,517
118
37,346
-
(171)
FTE
92
118
119
119
-
Global Intellectual Property Academy
(GIPA)
Pos./Obl
19
4,318
19
5,323
19
5,433
19
5,401
-
(31)
FTE
15
19
19
19
-
IPR Attaché Program
Pos./Obl
3
15,471
4
17,308
4
17,648
4
17,318
-
(330)
FTE
3
4
4
4
-
Executive Direction and Communications
Pos./Obl
170
30,211
200
47,434
200
53,408
205
53,896
5
488
FTE
68
156
182
188
Financial Management Services
Pos./Obl
178
45,443
189
54,696
189
57,891
202
57,998
107
FTE
135
185
189
199
Human Resource Management and
Administrative Services
Pos./Obl
302
56,778
317
71,730
317
76,082
326
78,989
6
13
10
9
2,906
FTE
237
298
308
316
8
Legal Services
Pos./Obl
139
32,993
141
39,183
141
40,217
141
40,116
-
(101)
FTE
124
140
141
141
-
Cross Cutting Functions Information
Resources
Pos./Obl
158
106,775
118
117,078
118
119,793
118
116,372
-
(3,421)
FTE
134
110
110
110
-
IT Infrastructure and IT Support Services
Pos./Obl
478
421,193
540
423,448
540
433,299
540
424,294
-
(9,005)
FTE
419
471
471
471
-
Miscellaneous General Expense
Pos./Obl
-
276,369
-
370,508
-
382,317
-
282,994
-
(99,324)
FTE
-
-
-
-
-
Total
Pos./Obl
1,563
1,020,201
1,646
1,183,261
1,646
1,223,606
1,673
1,114,724
27
(108,882)
FTE
1,227
1,501
1,542
1,566
24
USPTO - 56
Cross Cutting Functions - Allocation
Patent Program
Pos./Obl
1,241
835,095
1,319
953,812
1,319
987,068
1,342
889,036
23
(98,032)
FTE
970
1,202
1,236
1,257
20
Trademark Program
Pos./Obl
322
185,105
327
229,448
327
236,538
331
225,688
4
(10,850)
FTE
257
299
305
309
4
Total Cross Cutting Functions - Allocation
Pos./Obl
1,563
1,020,201
1,646
1,183,261
1,646
1,223,606
1,673
1,114,724
27
(108,882)
FTE
1,227
-
1,501
-
1,542
-
1,566
-
24
-
Exhibit 10
USPTO - 57
Exhibit 12
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
JUSTIFICATION OF PROGRAM AND PERFORMANCE
(Dollar amounts in thousands)
Activity: Cross-Cutting Functions
Goal Statement
The Cross-Cutting Functions program’s goal is to promote inclusive innovation, bring innovation to positive impact for the public good,
and deliver impactful employee and customer experiences while maximizing agency operations.
Base Program
The Cross-Cutting Functions program includes the USPTO support functions that are necessary to enable mission-critical operations,
including IP protection and policy, executive direction, financial and legal services, human capital and facility management activities, and
management of the agency’s IT infrastructure.
Statement of Operating Objectives
Some of the major objectives of the Cross-Cutting Functions program are:
Foster the innovation mindset of all Americans;
Improve domestic and global IP enforcement and reduce domestic and global IP crime and infringement;
Equitably deliver exceptional CXs;
Develop modern IT infrastructure and applications;
Expand opportunity, discovery, and accountability through greater data maturity; and
Resource mission success.
USPTO - 58
Explanation and Justification
Line Item
2023
Actual
2024
Current
2025
Base
Personnel
Amount
Personnel
Amount
Personnel
Amount
Policy, External Affairs
Pos./Obl
116
30,651
118
36,553
118
37,517
and Administrative
Support
FTE
92
118
119
Global Intellectual
Pos./Obl
19
4,318
19
5,323
19
5,433
Property Academy
(GIPA)
FTE
15
19
19
Pos./Obl
3
15,471
4
17,308
4
17,648
IPR Attaché Program
FTE
3
4
4
Executive Direction and
Pos./Obl
170
30,211
200
47,434
200
53,408
Communications
FTE
68
156
182
Financial Management
Pos./Obl
178
45,443
189
54,696
189
57,891
Services
FTE
135
185
189
Human Resource
Pos./Obl
302
56,778
317
71,730
317
76,082
Management and
Administrative Services
FTE
237
298
308
Legal Services
Pos./Obl
139
32,993
141
39,183
141
40,217
FTE
124
140
141
Cross Cutting
Pos./Obl
158
106,775
118
117,078
118
119,793
Functions Information
Resources
FTE
134
110
110
IT Infrastructure and IT
Pos./Obl
Support
478
421,193
540
423,448
540
433,299
FTE
419
471
471
Miscellaneous General
Pos./Obl
Expense
-
276,369
-
370,508
-
382,317
FTE
-
-
-
Total
Pos./Ob
1,563
1,020,201
1,646
1,183,261
1,646
1,223,606
FTE
1,227
1,501
1,542
Exhibit 12
Cross-Cutting Functions
For FY 2025, the USPTO base totals $1,224 million and 1,542 FTEs/1,646 positions for the Cross-Cutting Functions program.
USPTO - 59
Exhibit 12
The costs of the Cross-Cutting Functions program activities are allocated to the Patent and Trademark programs using the agency’s ABI
results.
Policy, External Affairs, and Administrative Support
The Chief Policy Officer and Director for International Affairs heads the Office of Policy and International Affairs (OPIA) and serves as the
principal advisor to Under Secretary Vidal on public policy matters related to IP protection, including the United States’ proposed
legislation and international activities. OPIA includes attorneys in various subject matter fields (trade, enforcement, patents, trademarks,
and copyright) who perform policy and representation work and representation travel as well as program analysts and several
administrative support specialists who support the entire agency.
Intellectual Property Policy
OPIA participates in the World Intellectual Property Organization (WIPO), a specialized agency of the United Nations (UN) devoted to IP
matters; the World Trade Organization (WTO), an international forum for liberalizing trade; and other IP-related organizations. As a WTO
member, the United States has worked to include a substantial IP component known as the Agreement on Trade-Related Aspects of IP
Rights (TRIPS). OPIA provides technical expertise in IP dispute settlement cases before the WTO in support of and at the request of the
Office of the United States Trade Representative (USTR). OPIA has been the U.S. government's IP technical representative in several
cases—most recently, the U.S. government's successful copyright challenge to certain aspects of China's IP regime.
The USPTO’s statutory obligation to provide IP guidance and advice to the administration with respect to international IP policy and
protection includes bilateral, regional, and multilateral IP discussions, and IP-office cooperation, which has led directly to patent
worksharing. Some of these initiatives include supporting free trade agreements (FTAs) and trilateral cooperative activities and working
to simplify and harmonize the administrative and technical processing of patent and trademark applications.
OPIA also coordinates patent cooperative activities with the five leading IP offices (IP5
2
), which leads to worksharing and Patent
Prosecution Highway (PPH) projects that will help to improve operational efficiency and to address the patent inventory. Access the
Data
Visualization Center
to view OPIA performance metrics.
Chief Economist
The Chief Economist (CE) is the primary advisor to Under Secretary Vidal regarding economic issues at the USPTO. The CE undertakes
research that influences and guides USPTO regulatory initiatives and policy recommendations with respect to the broader functioning of
IP systems. This involves long-term, ongoing research and policy planning. The CE evaluates market data and trends to assist the
2
IP5—The USPTO, the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), and the China National Intellectual Property Administration (CNIPA)
USPTO - 60
Exhibit 12
USPTO and other U.S. government agencies in targeting examination, enforcement, and outreach resources. The CE also researches
the causes and consequences of significant developments in U.S. markets, prevailing practices among users and producers of IP, and
U.S. IP policy.
Croak Visiting Scholars Program
The Croak Visiting Scholars Program enlists the services of leaders in academia and the IP industry who devote up to one year of full-
time service to the agency.
Global Intellectual Property Academy
The Global Intellectual Property Academy (GIPA) provides web-based and on-site training, technical assistance, and capacity-building
programs and activities to foreign government officials from other IP offices and other foreign government officials responsible for IP
enforcement policy and law enforcement. GIPA offers subject matter experts (SMEs) throughout the United States a variety of programs,
information booths, and educational materials on protecting and enforcing IP in the United States and abroad. GIPA also offers
dedicated programs to minorities, women, and Native Americans. GIPA carries out “train the trainers” programs for the Small Business
Development Centers (SBDCs), the National Institute of Standards and Technology Manufacturing Extension Partnership (NIST MEP),
and others. In addition, GIPA offers specialized programs on doing business in Brazil, India, and China. Visit the GIPA webpage for more
information about GIPA.
Intellectual Property Attaché Program
The USPTO formally instituted the IP Attaché Program in 2006 to promote strong IP protection and enforcement internationally for the
benefit of U.S. foreign, economic, and political interests. In FY 2025, the IP Attaché Program will have 14 IP attaché positions at the
following posts: Rio de Janeiro, Brazil; New Delhi, India; Beijing, Shanghai, and Guangzhou, China; Bangkok, Thailand; Lima, Peru;
Brussels, Belgium; Mexico City, Mexico; Kyiv, Ukraine; Abu Dhabi, United Arab Emirates; Johannesburg, South Africa; and Geneva,
Switzerland. In addition, the USPTO will add one IP Specialist Locally Employed Staff (LES) position to each of the programs in Berlin,
Germany, and Buenos Aires, Argentina. The IP Attaché Program closely aligns itself with (and supports the achievement of) the
USPTO's mission and the Strategic Plan. The IP attachés bring unique technical IP expertise and experience to their posts. Attachés
have helped to influence laws, regulations, and IP practices in their host countries. Visit the IP Attaché Program webpage to access
more information.
Executive Direction, Communication, and Outreach
Executive Direction, Communication, and Outreach entails determining the policies and directing the programs of the USPTO. The
PPAC and TPAC advise Under Secretary Vidal on USPTO policies, goals, performance, budget, and user fees.
As the world’s leading IP agency, the USPTO relies on consistent and effective communication and outreach to achieve its policy goals.
In FY 2025, the USPTO will continue to manage agency policies to ensure it meets its mission and vision while supporting government-
wide efforts to attract and retain STEM students, especially as their education relates to IP. Through collaboration with other federal
USPTO - 61
Exhibit 12
agencies, school districts and universities, and nonprofit organizations, the USPTO will continue to lead initiatives that focus on
incentivizing innovation, especially in underserved communities and key technology areas, as well as to develop policies aimed at
protecting and promoting innovation while advancing competition in the U.S. economy.
The USPTO seeks to promote and protect innovation through its outreach efforts as well as tap into communities traditionally
underrepresented in the innovation ecosystem. Innovation creates jobs and promotes economic prosperity, expanding access to the
innovation ecosystem in every corner of the country. The USPTO contributes to the ongoing effort to build a stronger and more inclusive
innovation sector by maintaining strategic partnerships with organizations such as the Urban Alliance and offering paid work experience
to ensure opportunities reach a broader and more diverse audience. By maintaining partnerships with the National Science &
Technology Medals Foundation and the National Inventors Hall of Fame, the USPTO continues participating in and supporting
educational programs that bolster innovation through invention, entrepreneurship, and creativity.
Governmental Affairs
Governmental Affairs (GA) formulates legislative and policy proposals and prepares supporting documentation for USPTO proposals.
GA’s mission is to provide Congress with information and technical assistance on the USPTO’s initiatives and proposed IP legislation,
generate goodwill, provide education and outreach, prepare for hearings and legislation, manage responses to congressional inquiries,
and liaise with the DOC and other agencies.
Financial Management Services
Financial Management Services helps to manage organizational resources effectively through activities that include budget formulation,
execution, fee estimation, acquisitions, cost accounting, and vendor payments, among other financial management services. As of FY
2022, the USPTO has earned an unmodified audit opinion on its annual financial statements for 30 consecutive years. The Association
of Government Accountants (AGA) awarded the USPTO the Certificate of Excellence in Accountability Reporting (CEAR) for the 21st
consecutive year for its FY 2022 Agency Financial Report (AFR). In addition to being recognized as a CEAR recipient, the USPTO
received a “Best in Class” award for its outreach, inclusion, and access features. This was the first time the AGA has recognized an
agency in this category. The AGA recognized the USPTO for highlighting its efforts to provide “more access and support to the agency’s
customers across the country, particularly focusing on those currently underserved, which should spur innovation, create jobs, and
improve the nation’s welfare.”
Human Resource Management and Administrative Services
In FY 2025, the Chief Administrative Officer is responsible for effectively managing human resources, providing administrative services,
and executing telework programs by:
Analyzing organizational capacity through workforce assessments to align workload demand with direct capacity in human
resources;
Investing in a post-pandemic, hybrid operating model by creating a centrally managed hoteling office program;
USPTO - 62
Exhibit 12
Supporting the recruitment, development, and retention of a high-performing, highly skilled, and diverse workforce necessary for
mission success;
Promoting an engaged and evolving workforce through succession planning and fostering the next generation of USPTO
leaders through leadership development training, after-work education initiatives, and mentoring programs;
Overseeing a broad range of administrative and employee service programs (e.g., occupational, safety, and health services;
printing and graphics services; mail center operations; office move services; transportation services; conference services;
cafeteria and food services; personnel property management services; the Insider Threat Program; and records management
services) that are responsive to the needs of the USPTO workforce;
Providing real property services (e.g., lease and facilities management, space planning and design, and the coordination of
building renovations) as well as energy conservation and environmental management services; and
Protecting personnel, facilities, and property and coordinating the USPTO’s Occupant Emergency, Emergency Preparedness,
and Continuity of Operations planning efforts.
Office of Equal Employment Opportunity and Diversity
The Office of Equal Employment Opportunity and Diversity (OEEOD) partners with each USPTO business unit to sustain a diverse and
inclusive workforce. OEEOD promotes equal employment opportunity (EEO) and diversity, equity, inclusion, and accessibility (DEIA) by:
Ensuring EEO for USPTO employees and applicants by providing DEIA-focused training and discussion sessions to
managers and employees, providing EEO counseling services to aggrieved persons, and overseeing the investigation of EEO
complaints.
Improving accessibility for users of programs and services the USPTO operates or funds. OEEOD supports the USPTO’s
commitment to providing reasonable accommodations for employees and job applicants with disabilities, including sign
language interpretation and Communication Access Real-time Translation services.
Implementing affirmative employment programs, including recruitment of and outreach to minority-serving institutions and
organizations.
Sponsoring special emphasis programs and promoting employee groups to increase cultural fluency, cross-cultural
awareness and education, and bias mitigation.
Planning and implementing engagement and inclusion initiatives, including the annual Community Day, to build an
organizational culture of acceptance, respect, and belonging.
Compiling, assessing, and distributing workforce demographic data to senior leaders to identify barriers to EEO and to
enforce enterprise-wide, data-driven decision-making.
Providing DEIA and Senior Executive Service (SES) Executive Core Qualifications training to employees and supervisors to
address knowledge gaps and, when applicable, enhance supervisory skills or prepare employees for employment
opportunities.
USPTO - 63
Exhibit 12
Standing up and conducting DEIA initiatives that address barriers to minority and underserved communities’ full participation
in USPTO programs and services through an agency-wide DEIA Steering Committee, an enhanced communication strategy
for DEIA programming and training, and the coordination of data gathering to support accurate annual reporting.
Managing EEO complaint processing, including alternative dispute resolution.
Ombudsman Program
The Ombudsman Program helps USPTO employees and managers explore options for preventing, addressing, and resolving workplace
issues.
Legal Services
Offices under the General Counsel provide the following legal services:
The Office of the Solicitor (SO) serves as legal counsel to the USPTO on IP law matters. The SO also collaborates with the DOC
on interagency IP law matters; defends PTAB and TTAB decisions before the United States Court of Appeals for the Federal
Circuit and the federal district courts; represents Under Secretary Vidal in district court actions filed against the USPTO pursuant
to the Administrative Procedure Act; provides legal advice on IP law, policy, and regulation; prosecutes attorneys and agents who
practice before the agency for alleged ethical violations; and defends USPTO employees at deposition.
The Office of General Law (OGL) represents the USPTO in matters that do not involve IP issues. The Deputy General Counsel's
office provides advice and written legal opinions on areas concerning the administration and management of the USPTO. The
OGL also represents the USPTO in various administrative proceedings.
The Office of Enrollment and Discipline (OED) investigates complaints related to attorney and patent agent misconduct;
determines the appropriate disciplinary proceedings; and suspends or excludes from practice before the USPTO any person,
attorney, or registered patent agent shown to be incompetent or disreputable or found culpable of unethical, unprofessional, or
gross misconduct. In addition, OED maintains a roster of individuals who are registered to practice in patent matters before the
USPTO; this includes reviewing the legal, technical, and moral character qualifications of individuals seeking recognition to
practice. Furthermore, OED administers and oversees the USPTO Law School Clinic Certification Program and the Patent Pro
Bono Program. The USPTO’s Patent Pro Bono Program supports 21 regional programs, and the Law School Clinic Certification
Program includes over 60 participating law school clinics. These programs provide free legal services to inventors and small
business owners. Base funding covers the expansion and support of Patent Pro Bono legal programming (a USPTO priority),
which increases opportunities for more innovators to receive free patent legal services to help bring their innovations to reality.
Cross-Cutting Functions Information Resources
The Cross-Cutting Functions Information Resources program supports the USPTO’s key IT objective of achieving world-
class resiliency. The program also supports the following Enterprise Business Product Line (EBPL) key objectives:
Gain business efficiencies;
USPTO - 64
Exhibit 12
Engage, educate, and enable data processes and tools; and
Foster excellent CXs.
Information Technology Infrastructure and Information Technology Support Services
The mission of IT Infrastructure and IT Support Services, or the Enterprise Infrastructure Product Line (EIPL), is to provide USPTO staff
and customers progressively better, faster, and cheaper essential technologies and services while supporting the agency’s key IT
objective of achieving world-class resiliency. The product line achieves its mission by conducting exceptional research, design, testing,
procurement, implementation, integration, operations, maintenance, and support for the USPTO’s internal and external products.
Additionally, EIPL continually advances customer service and user experience by measuring, anticipating, and addressing enterprise
needs and leading rapid change to support dynamic business requirements, statutory obligations, and USPTO priorities. In addition to
prioritizing business units’ needs, EIPL continues to prioritize the continuous, sustainable replacement and improvement of desktop
equipment, network hardware, and storage and server services. EIPL’s key objectives are:
Security: Implement zero-trust architecture (ZTA).
Security: Drive down the USPTO’s use of end-of-life software and servers.
Cloud: Use cloud services where it makes good business sense.
Cross-Cutting Management Services: Miscellaneous General Expense
This sub-program entails cross-cutting services that affect all USPTO employees and operations, such as space rental, utilities, lease
management, security, transportation, postage, and the agency’s participation in the DOC Working Capital Fund. This sub-program also
includes funding for post-retirement benefits, whereby the USPTO funds the present costs of post-retirement benefits for the Federal
Employees Health Benefits (FEHB) Program, Federal Employees Group Life Insurance (FEGLI) Program, and CSRS and FERS
pension liabilities. The USPTO pays these funds to OPM. Base funds also include $10,000 to purchase uniforms that USPTO personnel
wear at recruitment events and outreach events, consistent with common recruiting practices.
USPTO - 65
Exhibit 13
Department of Commerce
U.S. Patent and Trademark Office
CROSS-CUTTING FUNCTIONS PROGRAM
PROGRAM CHANGES FOR 2025
(Dollar amounts in thousands)
2025 Base
2025 Estimate
Increase/Decrease
from 2025 base
Personnel
Amount
Personnel
Amount
Personnel
Amount
Policy, External Affairs and
Administrative Support
Pos./Obl.
118
37,517
118
37,346
-
(171)
FTE
119
119
-
Global Intellectual Property Academy
(GIPA)
Pos./Obl.
19
5,433
19
5,401
-
(31)
FTE
19
19
-
IPR Attaché Program
Pos./Obl.
4
17,648
4
17,318
-
(330)
FTE
4
4
-
Executive Direction and Communications
Pos./Obl.
200
53,408
205
53,896
5
488
FTE
182
188
6
Financial Management Services
Pos./Obl.
189
57,891
202
57,998
13
107
FTE
189
199
10
Human Resources Management and
Administrative Services
Pos./Obl.
317
76,082
326
78,989
9
2,906
FTE
308
316
8
Legal Services
Pos./Obl.
141
40,217
141
40,116
-
(101)
FTE
141
141
-
Cross Cutting Functions Information
Resources
Pos./Obl.
118
119,793
118
116,372
-
(3,421)
FTE
110
110
-
IT Infrastructure and IT Support Services
Pos./Obl.
540
433,299
540
424,294
-
(9,005)
FTE
471
471
-
Miscellaneous General Expense (MGE)
Pos./Obl.
-
382,317
-
282,994
-
(99,324)
FTE
-
-
-
Direct Total, Cross Cutting Functions
Pos./Obl.
1,646
1,223,606
1,673
1,114,724
27
(108,882)
FTE
1,542
1,566
24
USPTO - 66
Exhibit 13
Department of Commerce
U.S. Patent and Trademark Office
CROSS-CUTTING FUNCTIONS PROGRAM
PROGRAM CHANGES FOR 20252029
(Dollar amounts in thousands)
2025
2026
2027
2028
2029
Personnel
Amount
Personnel
Amount
Personnel
Amount
Personnel
Amount
Personnel
Amount
Policy, External Affairs and
Administrative Support
Pos./Obl.
-
(171)
-
(349)
-
(532)
-
(717)
-
(907)
FTE
-
-
-
-
-
Global Intellectual Property
Academy (GIPA)
Pos./Obl.
-
(31)
-
(64)
-
(96)
-
(130)
-
(164)
FTE
-
-
-
-
-
IPR Attaché Program
Pos./Obl.
-
(330)
-
(667)
-
(1,011)
-
(1,362)
-
(1,719)
FTE
Executive Direction and
Communications
Pos./Obl.
5
488
(8)
(542)
(8)
(3,135)
(8)
(3,544)
(8)
(3,989)
FTE
6
6
(8)
(8)
(8)
Financial Management Services
Pos./Obl.
13
107
17
572
18
(2,962)
18
(3,002)
18
(3,175)
FTE
10
16
18
18
18
Human Resources Management
and Administrative Services
Pos./Obl.
9
2,906
10
2,990
10
2,799
10
2,550
10
2,352
FTE
8
10
10
10
10
Legal Services
Pos./Obl.
-
(101)
1
(1,007)
1
(1,030)
2
(923)
2
(1,363)
FTE
-
1
1
2
2
Cross Cutting Functions
Information Resources
Pos./Obl.
-
(3,421)
-
(8,021)
-
(10,870)
-
(13,749)
-
(16,659)
FTE
-
-
-
-
-
IT Infrastructure and IT Support
Services
Pos./Obl.
-
(9,005)
-
(19,489)
-
(29,257)
-
(39,130)
-
(49,110)
FTE
-
-
-
-
-
Miscellaneous General Expense
Pos./Obl.
-
(99,324)
-
(97,391)
-
(109,699)
-
(113,058)
-
(118,385)
FTE
-
-
-
-
-
Direct Total, Cross Cutting
Support
Pos./Obl.
27
(108,882)
20
(123,967)
21
(155,793)
22
(173,066)
22
(193,119)
FTE
24
33
21
22
22
USPTO - 67
Exhibit 13
Sub-Activity: Policy, External Affairs, and Administrative Support
IP Policy Activities (-$0.2 Million and 0 FTEs/0 Positions): This funding will support the continued development of IP policy by improving
the international legal framework for IP protection, providing expert advice on domestic IP legislation, conducting research to guide
USPTO initiatives and policy recommendations on the functioning of the IP system, and expanding research on domestic and
international IP issues and developments to inform policy formulation.
2025
2026
2027
2028
2029
Outyear Costs:
Direct Obligations
(171)
(349)
(532)
(717)
(907)
Budget Authority
(171)
(349)
(532)
(717)
(907)
FTE
0
0
0
0
0
Positions
0
0
0
0
0
Sub-Activity: Global Intellectual Property Academy
IP Policy Activities (-$0.03 Million and 0 FTEs/0 Positions): This funding will support the expansion of existing GIPA program activities,
such as the U.S. Department of State Memorandum of Understanding (MOU) and Distance Learning project. The funding for GIPA
programs helps to provide both foreign and U.S. government officials with educational programs on the protection, use, and enforcement
of IP to improve IP protection systems worldwide for the benefit of U.S. stakeholders.
2025
2026
2027
2028
2029
Outyear Costs:
Direct Obligations
(31)
(64)
(96)
(130)
(164)
Budget Authority
(31)
(64)
(96)
(130)
(164)
FTE
0
0
0
0
0
Positions
0
0
0
0
0
Sub-Activity: IP Attaché Program
IP Policy Activities (-$0.3 Million and 0 FTEs/0 Positions): This funding will continue to support operations for 16 IP Attaché Program
offices abroad in FY 2025. The USPTO will continue working with stakeholders to support the USPTO’s mission of protecting IP rights
USPTO - 68
Exhibit 13
both domestically and abroad. The USPTO will also strengthen the network of IP attachés posted in cities throughout the world who
conduct outreach with foreign governments to improve IP laws and policies and provide support to U.S. stakeholders with IP issues.
2025
2026
2027
2028
2029
Outyear Costs:
Direct Obligations
(330)
(667)
(1,011)
(1,362)
(1,719)
Budget Authority
(330)
(667)
(1,011)
(1,362)
(1,719)
FTE
0
0
0
0
0
Positions
0
0
0
0
0
Sub-Activity: Executive Direction, Communication, and Outreach
Office of the Under Secretary and Director and Chief Communications Office (+$0.5 Million and +6 FTEs/5 Positions): This request will
help the USPTO to increase communication, outreach, and education capacity by:
Funding a contracted public relations firm to provide communications and marketing support for projects and programs the
USPTO conducts under the authority of the CI
2
. Through funding for this program change, the USPTO will address the agency
priority of expanding outreach to underrepresented communities by tasking the public relations firm with conducting marketing,
media, and communication strategies designed to build awareness and behavioral change to boost the participation of
underrepresented audiences in the innovation ecosystem.
Funding additional FTEs that will support employee wellness by increasing the number of employees with specific knowledge,
skills, and abilities in areas that have been shown to be in high demand. This funding will also support policy-related agency
priorities by adding staff to an existing team to create and support the communications and outreach strategies that are not
necessarily related to the CI
2
. These additional personnel will fill and enhance critical gaps the USPTO has identified and
increase the USPTO’s capability to support its communication needs across the agency.
Funding the establishment of the OPE to operationalize the requirements of the UAIA. OPE will consolidate outreach, education,
CX, and customer engagement functions across the agency to deliver a greater impact on more innovators and to reach new
audiences.
In support of the administration and Under Secretary Vidal's priority to promote inclusive innovation, this request also increases staffing
by expanding the quantity, quality, and depth of messaging on the importance of the American system of IP protection. This request
enables the USPTO to deliver messaging to the public through regional and local media, including messaging that incorporates regional
offices’ emphases on services and programming.
USPTO - 69
Outyear Costs:
2025
2026
2027
2028
2029
Outyear Costs:
Direct Obligations
488
(542)
(3,135)
(3,544)
(3,989)
Budget Authority
488
(542)
(3,135)
(3,544)
(3,989)
FTE
6
6
(8)
(8)
(8)
Positions
5
(8)
(8)
(8)
(8)
Sub-Activity: Financial Management Services
Office of the Chief Financial Officer Staff ($0.1 Million and +10 FTE/13 Positions): In FY 2025, the Office of the Chief Financial Officer
(OCFO) will increase its staff by 13 positions. The additional FTEs will support accurate and timely projections of fee revenue, future
spending requirements, and increased workload demands as well as strengthen Enterprise Risk Management to include capabilities like
fraud analytics.
Exhibit 13
2025
2026
2027
2028
2029
Outyear Costs:
Direct Obligations
107
572
(2,962)
(3,002)
(3,175)
Budget Authority
107
572
(2,962)
(3,002)
(3,175)
FTE
10
16
18
18
18
Positions
13
17
18
18
18
Sub-Activity: Human Resource Management and Administrative Services
Administrative Services Staff (+$2.9 Million and +8 FTE/9 Positions): This program change and base resources will provide funding to
support the USPTO’s growing human capital needs via increased staffing. This includes agency mission-critical positions that the
USPTO must fill to meet ever-growing DOC requirements and OPM regulatory changes. This program change will also enable the
USPTO to increase the size of its Insider Threat Program, which the agency is creating to meet the requirements set forth in Executive
Order 13587 and which will begin operating in FY 2024.
USPTO - 70
Exhibit 13
2025
2026
2027
2028
2029
Outyear Costs:
Direct Obligations
2,906
2,990
2,799
2,550
2,352
Budget Authority
2,906
2,990
2,799
2,550
2,352
FTE
8
10
10
10
10
Positions
9
10
10
10
10
Sub-Activity: Legal Services
Legal Services (-$0.1 Million and 0 FTEs/0 Positions): This request supports the USPTO’s maintenance of existing disciplinary workload
standards for all legal services at the agency. The total requested funding provides the resources necessary for the USPTO to continue
administering legal programs, including pro bono initiatives, to enable greater participation in the IP system and broaden education and
patent legal resources in underrepresented communities.
2025
2026
2027
2028
2029
Outyear Costs:
Direct Obligations
(101)
(1,007)
(1,030)
(923)
(1,363)
Budget Authority
(101)
(1,007)
(1,030)
(923)
(1,363)
FTE
0
1
1
2
2
Positions
0
1
1
2
2
Sub-Activity: Cross-Cutting Functions Information Resources
Cross-Cutting Functions Information Resources (-$3.4 Million and 0 FTEs/0 Positions): This request will fund the following
EBPL objectives:
USPTO - 71
Exhibit 13
Gain business efficiencies: Changing the business focus from repetitive, manual, transactional processes will result in automated,
centralized tools with streamlined workflows. The USPTO will know it is successful when it achieves increased productivity and
business unit cost savings.
Engage, educate, and enable data processes and tools: The USPTO’s efforts to support the IT needed to achieve the emerging
USPTO Data Strategy will result in a data-driven organization that will expand opportunity, discovery, and accountability through
greater data maturity. The USPTO will know it is successful when the agency treats data as an enterprise asset.
Foster excellent CX: Creating an appropriate and seamless CX by building a robust customer attribute and behavior data set will
drive strategic decisions for internal and external customers and foster increased engagement with the public. The USPTO will
know it is successful when customer interactions are streamlined and surveys confirm a positive experience overall.
2025
2026
2027
2028
2029
Outyear Costs:
Direct Obligations
(3,421) (8,021) (10,870) (13,749) (16,659)
Budget Authority (3,421) (8,021) (10,870) (13,749) (16,659)
FTE 0 0 0 0 0
Positions 0 0 0 0 0
Visit the USPTO’s Exhibit 300 submissions located on the Federal IT Dashboard for additional information regarding schedules, milestones, and
deliverables.
Sub-Activity: Information Technology Infrastructure and Information Technology Support Services
IT Infrastructure and Tools (-$0.9 Million and 0 FTEs/0 Positions): This request will fund the EIPL’s key objectives and provide
the infrastructure and IT support for all USPTO business units need to meet their mission.
Security – Implement ZTA: Enhanced security is critical to protecting USPTO assets and IP. The USPTO’s ZTA efforts
and zero-trust approach will make the agency’s customer data even more secure.
Security – Drive down the use of end-of-life software and servers: Reducing the USPTO’s technical debt while
increasing its use of virtual servers and open-source products will not only increase the USPTO’s security posture, but
also reduce its dependency on vendor services.
Cloud – Use cloud services where it makes good business sense: Moving product and infrastructure components to
the cloud improves our customers’ experience by offering services that are secure, redundant, and cost-effective over
time.
USPTO - 72
2025
2026
2027
2028
2029
Outyear Costs:
Direct Obligations
(9,005)
(19,489)
(29,257)
(39,130)
(49,110)
Budget Authority
(9,005)
(19,489)
(29,257)
(39,130)
(49,110)
FTE
0
0
0
0
0
Positions
0
0
0
0
0
Exhibit 13
Visit the USPTO’s Exhibit 300 submissions located on the Federal IT Dashboard for additional information regarding schedules, milestones, and
deliverables.
Sub-Activity: Cross-Cutting Services/MGE
Improvements to Cross-Cutting Services/MGE (-$99.3 Million and 0 FTEs/0 Positions): This request will support the USPTO’s efforts to
invest in cost-effective corporate support service improvements that affect all employees and operations. The MGE budget funds cross-
cutting activities, including expenses the USPTO incurs through general agency management for which other areas of the budget do not
provide. Most program changes in this function require one-time investments with lower costs for operations and maintenance (Ops),
resulting in the reductions reflected in this Budget. These cross-cutting activities also facilitate the USPTO’s adherence to regulations,
executive orders, and guidance documents. Additionally, program changes reflect offsets caused by reductions in rent projections and
nonrecurring projects. This sub-activity requires FY 2025 funds to:
Build on the $40 million in real estate savings assumed in the FY 2024 PB to include additional annual cost savings of $12 million
through additional leased space reductions in Northern Virginia. The combined reduction in campus space amounts to estimated
annual cost savings of approximately $52 million.
Allocate $5 million in FY 2025 to finance the Detroit Regional Office’s relocation and build-out. The USPTO will begin building out
one sensitive compartmented information facility (SCIF) in FY 2024.
Implement UAIA priorities such as building a northern New England Community Outreach Office based in New Hampshire, a
Southeast Regional Office based in Atlanta, GA, and three additional community outreach offices, locations yet to be identified,
as well as complying with other UAIA mandates.
Cover transactional costs incurred when the USPTO’s customers use a credit card as their method of payment. The Department
of the Treasury is transferring the burden of these costs to the USPTO, and this transfer is now reflected in the MGE account.
USPTO - 73
Exhibit 13
Transfer funding to OPM for post-retirement life insurance and post-retirement health benefits coverage for all USPTO employees
enrolled in FEHB and FEGLI.
2025
2026
2027
2028
2029
Outyear Costs:
Direct Obligations
(99,324)
(97,391)
(109,699)
(113,058)
(118,385)
Budget Authority
(99,324)
(97,391)
(109,699)
(113,058)
(118,385)
FTE
0
0
0
0
0
Positions
0
0
0
0
0
USPTO - 74
Exhibit 14
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
CROSS-CUTTING FUNCTIONS PROGRAM
PROGRAM CHANGE PERSONNEL DETAIL
Activity: Cross Cutting
Subactivity:
Program Change:
Full-time permanent
Title:
Grade
Number
Annual
Salary
Total
Salaries
Program Analyst
11 2
93,701 187,401
Budget Analyst 14 1
157,817 157,817
Budget Analyst 9 1
77,445 77,445
Management and Program Analyst 14 1
157,817 157,817
Financial Analyst 14 1
139,251 139,251
Financial Analyst 12 1 99,097 99,097
Contract Specialist 13 6
125,695 754,170
Project Manager 12 1
112,310 112,310
Writer Editor 13 2
133,550 267,101
Public Affairs Specialist 13 3
133,550 400,651
Project Manager 14 1
157,817 157,817
Program Analyst 12 1
112,310 112,310
Data Analyst 11 1
93,701 93,701
Lead IT Specialist 13 1
153,189 153,189
Social Scientist 13 1
153,189 153,189
IT Specialist 11 1
107,479 107,479
Benefits HR Specialist 13 1
133,550 133,550
Leadership Development Branch Chief 14 1
157,817 157,817
HR Development Specialist 13 1
133,550 133,550
Learning Management System Registrar 12 1
112,310 112,310
Performance Management HR Specialist 13 1
133,550 133,550
HR Information System Specialist 13 1
133,550 133,550
Employee Relations Specialist GS Upgrade 14 2
157,817 315,634
Employment Division Senior HR Specialist 14 1
157,817 157,817
Attritions 11 (7)
129,404 (905,825)
Total 27
3,502,700
less Lapse 11% (3) (470,422)
Total full-time permanent (FTE) 24 3,032,278
2025 Pay Adjustment (2%) 55,687
Total 3,087,965
USPTO - 75
Exhibit 14
Personnel Data Summary
Full-Time Equivalent Employment
Full-time permanent
24
Other than full-time permanent
-
Total FTE
24
Authorized Positions:
Full-time permanent
27
Other than full-time permanent
-
Total Positions
27
USPTO - 76
Exhibit 15
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
PROGRAM CHANGE DETAIL BY OBJECT CLASS
(Direct Obligations amounts in thousands)
Activity: Cross Cutting Functions Program
2023
Actual
2024
Current
2025
Base
2025
Estimate
Increase/Decrease
from 2025 base
Object Class
11
Personnel compensation
11.1
Full-time permanent
183,238
224,488
237,518
240,606
3,088
11.3
Other than full-time permanent
-
-
-
-
-
11.5
Other personnel compensation
13,106
15,498
16,541
16,541
-
11.8
Special personnel services payments
-
-
-
-
-
11.9
Total personnel compensation
196,344
239,986
254,059
257,147
3,088
12
Civilian personnel benefits
175,677
194,970
206,277
207,453
1,176
13
Benefits for former personnel
-
-
-
-
-
21
Travel and transportation of persons
3,625
5,432
5,540
5,474
(66)
22
Transportation of things
244
369
377
370
(7)
23.1
Rental payments to GSA
89,099
88,735
90,510
70,465
(20,045)
23.2
Rental payments to others
15,430
17,584
17,936
3,979
(13,957)
23.3
Communications, utilities and miscellaneous charges
15,310
15,923
16,241
15,623
(618)
24
Printing and reproduction
331
499
509
481
(28)
25.1
Advisory and assistance services
4,650
3,777
3,852
3,320
(532)
25.2
Other services
43,781
50,390
51,398
51,159
(239)
25.3
Purchases of goods & services from Gov't accounts
54,464
76,494
78,024
69,258
(8,766)
25.4
Operation and maintenance of facilities
24,352
49,824
50,820
70,465
19,645
25.5
Research and development contracts
-
-
-
-
-
25.6
Medical care
-
-
-
-
-
25.7
Operation and maintenance of equipment
321,884
389,646
397,439
313,498
(83,941)
25.8
Subsistence and support of persons
-
-
-
-
-
26
Supplies and materials
3,071
3,444
3,513
3,444
(69)
31
Equipment
71,937
46,178
47,102
42,564
(4,538)
32
Lands and structures
-
-
-
-
-
33
Investments and loans
-
-
-
-
-
41
Grants, subsidies and contributions
-
-
-
-
-
42
Insurance claims and indemnities
-
-
-
-
-
43
Interest and dividends
-
10
10
24
14
44
Refunds
-
-
-
-
-
99
Total obligations
1,020,201
1,183,261
1,223,606
1,114,724
(108,882)
USPTO - 77
This Page Is Intentionally Left Blank.
USPTO - 78
Exhibit 16
EXHIBITS: 16–42
USPTO - 79
Exhibit 16
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
SUMMARY OF REQUIREMENTS BY OBJECT CLASS
(Dol
lar amounts in thousands)
Object Class
2023
Actual
2024
Estimate
2025
Base
2025
Estimate
Increase/Decrease
from 2025 base
11.1
Salaries
1,801,274
2,018,807
2,157,272
2,168,955
11,683
11.5
Other personnel compensation
165,847
204,577
209,682
220,747
11,065
11.9
Total personnel compensation
1,967,120
2,223,384
2,366,953
2,389,702
22,749
12.1
Civilian personnel benefits
790,342
892,982
946,662
951,390
4,728
13
Benefits to Former Employees
-
-
-
-
0
21
Travel and transportation of persons
5,305
13,055
13,316
13,291
(25)
22
Transportation of things
249
383
391
384
(7)
23.1
Rental payments to GSA
89,099
88,735
90,510
70,465
(20,045)
23.2
Rental payments to others
15,460
17,745
18,100
3,980
(14,120)
23.3
Communications, utilities, and misc. charges
15,600
16,231
16,556
15,936
(621)
24
Printing and reproduction
198,534
183,604
187,276
186,840
(436)
25.1
Advisory and assistance services
55,835
61,789
63,025
61,757
(1,268)
25.2
Other services from non-federal sources
135,997
141,704
144,538
143,683
(854)
25.3
Other goods and services from federal sources
54,639
77,797
79,353
70,561
(8,792)
25.4
Operation and maintenance of facilities
24,352
49,824
50,820
27,084
(23,736)
25.7
Operation and maintenance of equipment
415,468
573,241
584,706
528,433
(56,274)
26
Supplies and materials
50,554
54,190
55,274
56,290
1,016
31
Equipment
146,200
46,829
47,766
43,297
(4,468)
32
Land and Structures
-
-
-
-
0
41
Grants, subsidies and contributions
-
-
-
-
0
42
Insurance claims and indemnities
437
-
-
-
0
43
Interest and dividends
-
12
12
26
14
44
Refunds
2,901
3,003
3,063
3,052
(11)
99.9
Total Obligations
3,968,093
4,444,508
4,668,321
4,566,172
(102,149)
Fee Collections
(4,040,161)
(4,119,306)
(4,554,940)
(4,554,940)
0
Less prior year other income/recoveries
(60,467)
(60,467)
(60,467)
(60,467)
0
Less prior year unobligated balance
(1,015,374)
(1,145,459)
(878,273)
(878,273)
0
Less end year unobligated balance
1,145,459
878,273
822,909
925,058
102,149
Total Budget Authority
(2,450)
(2,450)
(2,450)
(2,450)
(0)
Personnel Data
Full-Time equivalent Employment
12,682
13,749
14,023
14,223
200
Positions
14,107
14,459
14,459
14,933
474
USPTO - 80
Exhibit 16A
Department of Commerce
U.S. Patent and Trademark Office
PATENT BUSINESS LINE BY OBJECT CLASS
(Dollar amounts in thousands)
Object Class
2023
Actual
2024
Estimate
2025
Base
2025
Estimate
Increase/Decrease
from 2025 base
11.1
Salaries
1,600,400
1,780,475
1,908,982
1,911,773
2,791
11.5
Other personnel compensation
146,655
172,512
175,670
186,736
11,065
11.9
Total personnel compensation
1,747,055
1,952,987
2,084,653
2,098,509
13,856
12.1
Civilian personnel benefits
701,064
789,682
840,276
841,643
1,367
13
Benefits to Former Employees
-
-
-
-
0
21
Travel and transportation of persons
4,184
11,367
11,595
11,595
0
22
Transportation of things
212
332
339
333
(6)
23.1
Rental payments to GSA
76,698
76,384
77,912
60,657
(17,255)
23.2
Rental payments to others
13,299
15,118
15,421
3,408
(12,013)
23.3
Communications, utilities, and misc. charges
13,140
13,646
13,919
13,424
(495)
24
Printing and reproduction
198,455
183,479
187,148
186,768
(381)
25.1
Advisory and assistance services
53,973
58,146
59,309
58,657
(652)
25.2
Other services from non-federal sources
123,835
122,530
124,981
125,873
892
25.3
Other goods and services from federal sources
42,271
60,768
61,983
54,376
(7,607)
25.4
Operation and maintenance of facilities
20,962
42,889
43,747
23,314
(20,433)
25.7
Operation and maintenance of equipment
318,689
437,986
446,746
403,368
(43,377)
26
Supplies and materials
47,974
51,258
52,283
53,184
901
31
Equipment
123,390
37,684
38,438
34,883
(3,555)
32
Land and Structures
-
-
-
-
0
41
Grants, subsidies and contributions
-
-
-
-
0
42
Insurance claims and indemnities
437
-
-
-
0
43
Interest and dividends
-
11
12
23
12
44
Refunds
2,248
2,448
2,497
2,497
0
99.9
Total Obligations
3,487,888
3,856,716
4,061,257
3,972,511
(88,745)
Fee Collections
(3,583,598)
(3,658,581)
(3,971,883)
(3,971,883)
-
Less prior year other income/recoveries
(50,429)
(50,429)
(50,429)
(50,429)
-
Less prior year unobligated balance
(798,531)
(942,490)
(792,603)
(792,603)
-
Less end year unobligated balance
942,490
792,603
751,478
840,224
88,745
Total Budget Authority
(2,180)
(2,181)
(2,180)
(2,180)
0
Personnel Data
Full-Time equivalent Employment
11,338
12,118
12,373
12,527
154
Positions
12,458
12,774
12,774
13,195
421
USPTO - 81
Exhibit 16A
Department of Commerce
U.S. Patent and Trademark Office
TRADEMARK PROGRAM BY OBJECT CLASS
(Dollar amounts in thousands)
Object Class
2023
Actual
2024
Current
2025
Base
2025
Estimate
Increase/Decrease
from 2025 base
11.1
Salaries
200,873
238,332
248,289
257,182
8,893
11.5
Other personnel compensation
19,192
32,065
34,011
34,011
0
11.9
Total personnel compensation
220,065
270,396
282,300
291,193
8,893
12.1
Civilian personnel benefits
89,278
103,300
106,386
109,747
3,361
13
Benefits to Former Employees
-
-
-
-
0
21
Travel and transportation of persons
1,121
1,687
1,721
1,696
(25)
22
Transportation of things
36
51
52
51
(1)
23.1
Rental payments to GSA
12,401
12,351
12,598
9,808
(2,790)
23.2
Rental payments to others
2,160
2,627
2,679
572
(2,107)
23.3
Communications, utilities and misc. charges
2,460
2,585
2,637
2,511
(126)
24
Printing and reproduction
79
125
128
73
(55)
25.1
Advisory and assistance services
1,862
3,643
3,716
3,100
(616)
25.2
Other services from non-federal sources
12,162
19,174
19,557
17,811
(1,746)
25.3
Other goods and services from federal sources
12,367
17,029
17,370
16,185
(1,185)
25.4
Operation and maintenance of facilities
3,389
6,935
7,073
3,770
(3,304)
25.7
Operation and maintenance of equipment
96,779
135,255
137,961
125,064
(12,896)
26
Supplies and materials
2,581
2,932
2,991
3,106
116
31
Equipment
22,811
9,145
9,328
8,414
(913)
32
Land and Structures
-
-
-
-
0
41
Grants, subsidies and contributions
-
-
-
-
0
42
Insurance claims and indemnities
-
-
-
-
0
43
Interest and dividends
-
1
2
4
2
44
Refunds
652
555
566
555
(11)
99.9
Total Obligations
480,205
587,792
607,064
593,660
(13,404)
Fee Collections
(456,563)
(460,725)
(583,057)
(583,057)
-
Less prior year other income/recoveries
(10,038)
(10,038)
(10,038)
(10,038)
-
Less prior year unobligated balance
(216,843)
(202,969)
(85,670)
(85,670)
-
Less end year unobligated balance
202,969
85,670
71,431
84,835
13,404
Total Budget Authority
(270)
(270)
(270)
(270)
0
Personnel Data
Full-Time equivalent Employment
1,348
1,631
1,650
1,696
46
Positions
1,649
1,685
1,685
1,738
53
USPTO - 82
Exhibit 32
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
JUSTIFICATION O
F PROPOSED LANGUAGE CHANGES
1.…[$4,195,799,000] $4,554,940,000
…[2024] 2025
…[2025] 2026
USPTO - 83
Exhibit 33
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
APPROPRIATIONS LANGUAGE AND CODE CITATION
FY 2025
Salaries and Expenses
For necessary expenses of the USPTO provided for by law, including defense of suits instituted against the Under Secretary of
Commerce for Intellectual Property and Director of the USPTO, $4,195,799,000 $4,554,940,000, to remain available until expended:
Provided, that the sum herein appropriated from the general fund shall be reduced as offsetting collections of fees and surcharges
assessed and collected by the USPTO under any law are received during FY2024 2025, so as to result in a FY2024 2025 appropriation
from the general fund estimated at $0: Provided further, that during FY2024 2025, should the total amount of such offsetting collections
be less than $4,195,799,000 $4,554,940,000, this amount shall be reduced accordingly: Provided further, that any amount received in
excess of $4,195,799,000 $4,554,940,000, in FY2024 2025 and deposited in the Patent and Trademark Fee Reserve Fund shall remain
available until expended: Provided further, that the Director of the USPTO shall submit a spend plan to the Committees on
Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such
spend plan shall be treated as a reprogramming under section 504 of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section: Provided further, that any amounts reprogrammed in accordance with
the preceding proviso shall be transferred to the USPTO ‘‘Salaries and Expenses’’ account: Provided further, that the budget of the
president submitted for FY2025 2026 under section 1105 of title 31, United States Code, shall include within amounts provided under
this heading for necessary expenses of the USPTO any increases that are expected to result from an increase promulgated through rule
or regulation in offsetting collections of fees and surcharges assessed and collected by the USPTO under any law: Provided further, that
from amounts provided herein, not to exceed $13,500 shall be made available in FY2024 2025 for official reception and representation
expenses: Provided further, that in FY2024 2025 from the amounts made available for ‘‘Salaries and Expenses’’ for the USPTO, the
amounts necessary to pay 1. the difference between the percentage of basic pay contributed by the USPTO and employees under
section 8334(a) of title 5, United States Code, and the normal cost percentage (as defined by section 8331(17) of that title) as provided
by OPM for the USPTO’s specific use, of basic pay, of employees subject to subchapter III of chapter 83 of that title, and 2. the present
value of the otherwise unfunded accruing costs, as determined by OPM for the USPTO’s specific use of post-retirement life insurance
and post-retirement health benefits coverage for all USPTO employees who are enrolled in FEHB and FEGLI, shall be transferred to the
Civil Service Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB Fund, as appropriate, and shall be available for
the authorized purposes of those accounts: Provided further, that any differences between the present value factors published in OPM’s
yearly 300 series benefit letters and the factors that OPM provides for the USPTO’s specific use shall be recognized as an imputed cost
on the USPTO’s financial statements, where applicable: Provided further, that, notwithstanding any other provision of law, all fees and
surcharges assessed and collected by the USPTO are available for the USPTO only pursuant to section 42(c) of title 35, United States
Code, as amended by section 22 of the AIA (Public Law 112–29). Provided further, that within the amounts appropriated, $2,450,000
USPTO - 84
Exhibit 33
shall be transferred to the "Office of Inspector General" account for activities associated with carrying out investigations and audits
related to the USPTO.
Legislative Authorities
The programs of the USPTO are conducted under the following main legislative authorities:
15 U.S.C. 1051-1141n contain provisions of the Trademark Act that govern the administration of the USPTO’s trademark
registration system, provide for administrative proceedings before the USPTO, and set forth procedures relating to international
registration of trademarks pursuant to the Madrid Protocol.
15 U.S.C. 1511 states that the USPTO is under the jurisdiction and subject to the control of the DOC.
35 U.S.C. 1-13, 21-26, 32-33, 100-105, 111-122, 131-135, 141-146, 151-157, 161-164, 171-173, 251-256, 261, 262, 267, 301-
307, and 311-318 contain basic authorities for administration of patent laws, derived from the Act of July 19, 1952, and
subsequent enactments.
35 U.S.C. 41 provides for the collection of specific fees for identified services and the establishment of fees at an estimated
average cost for processing, services, or materials not specified.
35 U.S.C. 41(i)(2) provides for the deployment of USPTO automated search systems of the Office to the public.
35 U.S.C. 42(d) provides that the Director may refund any fee paid by mistake or in excess of that required.
35 U.S.C. 181-188 provides authorities for actions relating to secrecy of certain inventions and filing of applications in foreign
countries.
35 U.S.C. 361-368 and 371-375 contain authorities related to Patent Cooperation Treaty applications, national stage entry, and
related procedures.
35 U.S.C. 376 authorizes the USPTO to charge fees for activities related to the Patent Cooperation Treaty, and the Director may
set fee amounts, except for the international and handling fees.
The AIA (Pub. L. No. 112-29) provides specific authority for the USPTO to collect several fees related to patent services,
including a 15% surcharge on most patent fees and a prioritized examination fee.
The SUCCESS Act of 2018 (Pub. L. No. 115-273), extending the USPTO fee setting authority granted in the AIA by eight years.
Unleashing American Innovators Act of 2022 (Pub. L. 117-328) provides fee reductions for small and micro entity discounts, the
establishment of satellite and community outreach offices, updates to the Patent Pro Bono Program, and the establishment of the
pre-prosecution assessment pilot program.
USPTO - 85
Exhibit 34
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
ADVISORY AND ASSISTANCE SERVICES
2023
Actual
2024
Current
2025
Estimate
Patent Cooperation Treaty (PCT) outsourcing
33,706
35,691
37,102
Patent Classification services
15,576
15,976
16,193
IT consulting services
462
502
530
Other
6,091
9,620
7,931
Total
55,835
61,789
61,757
The USPTO continues to contract for international search reports and written opinions for Patent Cooperation Treaty (PCT) chapter I
cases. Investments in contracting enable the USPTO to meet its obligations as an International Searching Authority (ISA) under PCT
chapter I. For example, the USPTO can meet the PCT time frames for issuing the required reports while focusing its examiner resources
on reducing the backlog of pending national applications.
Patent classification services cover the United States Patent Classification (USPC) routing and Cooperative Patent Classification for
incoming original, or serialized, utility applications.
IT and Other consulting services are services that relate to agency administration and management and agency problem management.
Persons or organizations generally considered to have knowledge and special abilities that are not usually available within the agency
normally provide these services. These services deal with management data collection, policy review or development, program
development, review or evaluation, systems engineering, and other support services.
USPTO - 86
Exhibit 35
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
PERIODICALS, PAMPHLETS, AND AUDIOVISUAL PRODUCTS
2023
Actual
2024
Current
2025
Estimate
Periodicals
48,406
48,827
50,859
Pamphlets
-
-
-
Audiovisuals
-
-
-
Total
48,406
48,827
50,859
Technical literature documents in the form of periodicals are essential to the patent and trademark examination process. These resources
include reference materials such as books, periodicals, Lexis-Nexis, and other research databases. The materials consist of more than
70,000 electronic journals, 385,000 electronic books, and 85,000 print titles, as well as research databases. The table above reflects the
cost of these materials.
USPTO - 87
Exhibit 36
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
AVERAGE GRADES AND SALARIES
2023
Actual
2024
Current
202
5
Estimate
Average ES Grade
N/A
N/A
N/A
Average GS Grade
13
13
13
Average GS Salary with Benefits
142,031
146,834
153,841
USPTO - 88
Exhibit 41
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
IMPLEMENTATION STATUS OF GAO AND OFFICE OF INSPECTOR GENERAL RECOMMENDATIONS
31 U.S.C. 720, as amended January 3, 2019, requires the head of a federal agency to submit a written statement of the actions taken or
planned in response to GAO recommendations to the House and Senate Committees on Appropriations with the agency's first request for
appropriations made more than 180 calendar days after the date of the report.
The Good Accounting Obligation in Government Act (GAO-IG Act), passed on January 3, 2019 (P.L. 115-414), requires each agency to
include in its annual budget justification a report that identifies each public recommendation issued by GAO and the agency’s Office of
Inspector General (OIG) that has remained unimplemented for one year or more from the annual budget justification submission date. In
addition, the Act requires agencies to reconcile the agency records and the Inspector General’s (IG’s) Semiannual Report to Congress
(SAR).
Section 1. Recommendations for which action plans were finalized since the last appropriations request.
Report Number
OIG OIG-22-010-I
Report Title
USPTO Has Opportunities to Improve its Patent Examination Process and to Advance Patent Decision-Making
Issue Date
12/2/2021
Recommendation Number
1
Recommendation
Direct the Commissioner for Patents to (1) measure the effectiveness of the Office of Patent Quality Assurance (OPQA)
process and its targets, and (2) take appropriate action to remedy any shortcomings.
Action(s) Planned
1-a) Establish a team to explore and construct appropriate quality targets related to OPQA random reviews.
1-b) Establish a team to explore and identify appropriate effectiveness measures for the OPQA.
1-c) Create a Standard Operating Procedure (SOP) that will include processes for: • obtaining feedback and
recommendations on effectiveness measures for the OPQA • measuring the effectiveness of the OPQA based on the
feedback and recommendations • reporting the OPQA’s effectiveness measures on an ongoing basis. The SOP will also
include a framework for taking appropriate actions to remedy any shortcomings.
Dependency: Completion of 1-b)
USPTO - 89
Exhibit 41
Action Status (Planned, In
Progress, or Complete)
-
1-a) Complete
1-b) Complete
1-c) Complete
Target Completion Date
1-a) 10/31/21
1-b) 2/28/22
1-c) 5/31/22
Recommendation Status
(Planned, In-Progress, or
Complete)
Complete
Report Number
OIG OIG-22-010-I
Report Title
USPTO Has Opportunities to Improve its Patent Examination Process and to Advance Patent Decision-Making
Issue Date
12/2/2021
Recommendation Number
2
Recommendation
Direct the Commissioner for Patents to release more of the OPQA review methodology and data publicly to solicit external
feedback on the review process.
Action(s) Planned
2-a) Create an updated USPTO quality metrics webpage that provides additional information regarding the OPQA’s review
methodology, including information on topics such as: sampling, quality standards, data collection forms, and review
processes. In addition, the webpage will include information on the agency’s overall approach to quality metrics, including
the administration of perception surveys.
2-b) Include in the updated USPTO quality metrics webpage fiscal year data from the OPQA’s reviews corresponding to
inquiries in the Master Review form, as well as avenues for external stakeholders to communicate with the USPTO
regarding the OPQA’s review methodology, data, quality metrics, and patent quality in general. In addition, the webpage
will provide results from both external and internal customer perception surveys.
USPTO - 90
Exhibit 41
Action Status (Planned, In
Progress, or Complete)
-
2-a) Complete
2-b) Complete
Target Completion Date
2-a) 11/30/21
2-b) 11/30/21
Recommendation Status
(Planned, In-Progress, or
Complete)
Complete
Report Number
OIG OIG-22-010-I
Report Title
USPTO Has Opportunities to Improve its Patent Examination Process and to Advance Patent Decision-Making
Issue Date
12/2/2021
Recommendation Number
3
Recommendation
Direct the Commissioner for Patents to solicit external stakeholder feedback on responsiveness as an additional
performance indicator and to calibrate incentives and expectations.
Action(s) Planned
3-a) Work with a contracted survey research firm to construct and test proposed responsiveness questions for
incorporation into the semi-annual External Quality Survey.
Dependency: The current contract award for administration of the stakeholder survey is undergoing a re-compete that is
scheduled to be completed by the end of August 2022.
3-b) Administer the External Quality Survey that includes new responsiveness question(s).
Dependency: Completion of Office of Management and Budget clearance, including Paperwork Reduction Act clearance,
and revised survey instrument.
3-c) Analyze and incorporate new responsiveness questions as part of the semi-annual reporting of stakeholder
perceptions.
Dependency: Completion of 3-b)
USPTO - 91
Exhibit 41
Action Status (Planned, In
Progress, or Complete)
-
3-a) Complete
3-b) Complete
3-c) Complete
Target Completion Date
3-a) 8/31/22
3-b) 1/31/23
3-c) 4/30/23
Recommendation Status
(Planned, In-Progress, or
Complete)
Complete
Report Number
OIG OIG-22-010-I
Report Title
USPTO Has Opportunities to Improve its Patent Examination Process and to Advance Patent Decision-Making
Issue Date
12/2/2021
Recommendation Number
4
Recommendation
Direct the Office of the Chief Information Officer to assess the effectiveness of current tools (e.g., those aiding in
performing prior art search and preparation of office actions) to help examiners perform more efficiently.
Action(s) Planned
4-a) Establish a team to evaluate and assess current patent examiner tools.
4-b) Analyze feedback from surveys and examiner usage data to evaluate opportunities for efficiency gains.
4-c) Develop a plan to obtain new functionality on the current patent examiner tools (DAV, OC, and SEARCH).
Dependency: Completion of 4-b)
Action Status (Planned, In-
Progress, or Complete)
4-a) Complete
4-b) Complete
4-c) Complete
USPTO - 92
Exhibit 41
Target Completion Date
4-a) 3/31/22
4-b) 12/31/22
4-c) 3/31/23
Recommendation Status
(Planned, In-Progress, or
Complete)
Complete
Report Number
OIG OIG-22-010-I
Report Title
USPTO Has Opportunities to Improve its Patent Examination Process and to Advance Patent Decision-Making
Issue Date
12/2/2021
Recommendation Number
5
Recommendation
Direct the Commissioner for Patents to establish regular monitoring of consistency in examination decisions, including
trainees’ decisions, by randomly selecting applications for parallel examination.
Action(s) Planned
5-a) Conduct internal ideation sessions exploring and evaluating possible forms of parallel examination and quantitative or
qualitative measures of examination consistency.
5-b) Create testing and evaluation plans for three proposed solutions/scenarios: • Minimize pilot administration impacts on
examiners • Minimize pilot administration impacts on stakeholders • Minimize IT and infrastructure costs for pilot
administration.
Dependency: Completion of 5-a)
5-c) Evaluate proposed testing and evaluation plans for viability based on perceived impacts and efforts.
Dependency: Completion of 5-b)
5-d) Pilot viable solution(s) to address the measurement and monitoring of examination consistency.
Dependency: Completion of 5-c) and identification of at least one viable solution.
5-e) Implement, in a phased and/or full approach, a corps-wide consistency measurement and monitoring program.
Dependency: Completion of 5-d) and receipt of results showing the evidence-based efficacy of piloted solution(s).
Action Status (Planned, In-
Progress, or Complete)
5-a) Complete
5-b) Complete
5-c) Complete
5-d) In-Progress
5-e) In-Progress
USPTO - 93
Exhibit 41
Target Completion Date
5-a) 3/31/22
5-b) 11/30/22
5-c) 1/31/23
5-d) 1/31/24
5-e) 5/31/24
Recommendation Status
(Planned, In-Progress, or
Complete)
In-Progress
Report Number
OIG OIG-22-010-I
Report Title
USPTO Has Opportunities to Improve its Patent Examination Process and to Advance Patent Decision-Making
Issue Date
12/2/2021
Recommendation Number
6
Recommendation
Direct the Commissioner for Patents to establish and empower a quality control oversight body to create a comprehensive
internal control system consistent with the guidance in the GAO Green Book.
Action(s) Planned
6-a) Consult with the Office of the Chief Financial Officer’s internal control team regarding the structure and function of an
internal control board, and how an internal Patents board would align structurally with the USPTO’s Senior Assessment
Team.
6-b) Identify the expertise required of members of the Patents Internal Control Board (PICB) and select members
appropriately.
6-c) Determine and document the specific scope of PICB responsibilities and any resources needed to fulfill them.
6-d) Establish and document an SOP and schedule of operations for the PICB.
6-e) Begin PICB operations.
Action Status (Planned, In-
Progress, or Complete)
6-a) Complete
6-b) Complete
6-c) Complete
6-d) Complete
6-e) Complete
USPTO - 94
Exhibit 41
Target Completion Date
6-a) 4/30/22
6-b) 2/28/22
6-c) 3/31/22
6-d) 4/30/22
6-e) 6/30/22
Recommendation Status
(Planned, In-Progress, or
Complete)
Complete
Report Number
OIG OIG-22-010-I
Report Title
USPTO Has Opportunities to Improve its Patent Examination Process and to Advance Patent Decision-Making
Issue Date
12/2/2021
Recommendation Number
7
Recommendation
Direct the Office of Patent Automation to define objective measures of effectiveness for the search tools and training to
inform decisions related to prior art search improvements.
Action(s) Planned
7-a) Establish a team to explore and construct appropriate objective measures of the effectiveness of patent examiner
search tools and training to inform decisions related to prior art search improvements.
7-b) Create an SOP that will include procedures for: • obtaining feedback and recommendations on objective measures of
the effectiveness of patent examiner search tools • measuring the effectiveness of current patent examiner search tools
and training • reporting on the effectiveness measures for patent examiner tools and training on an ongoing basis.
Dependency: Development/implementation of monitoring capabilities in SEARCH and potential labor concerns.
7-c) Provide continual learning opportunities to the examining corps to promote the efficient and effective use of search
tools.
Action Status (Planned, In-
Progress, or Complete)
7-a) Complete
7-b) Complete
7-c) Complete
USPTO - 95
Exhibit 41
Target Completion Date
7-a) 3/31/22
7-b) 1/31/23
7-c) 3/31/23
Recommendation Status
(Planned, In-Progress, or
Complete)
Complete
Report Number
OIG-21-033-A
Report Title
USPTO Should Improve Controls over Examination of Trademark Filings to Enhance the Integrity of the Trademark
Register
Issue Date
8/11/2021
Recommendation Number
1
Recommendation
Develop controls and tools to detect post office boxes, post offices, commercial mail receiving agencies, registered agents,
and other unacceptable domicile addresses in trademark applications and other trademark filings.
Action(s) Planned
1-a) Implement an automated query in trademark systems that will identify post office boxes and “care of” addresses and
that will flag the issue for the assigned examining attorney to take appropriate action under the examination rules.
1-b) Implement a check for post office boxes and “care of” addresses as part of the pre-publication review of the Official
Gazette.
1-c) Implement an automated query in trademark systems that will verify addresses known to belong to commercial mail
receiving agencies with United States Postal Service data, and that will flag the issue for the assigned examining attorney
to take appropriate action under the examination rules.
1-d) Conduct a cost/benefit analysis of options for pre-examination and/or pre-publication review of all domestic addresses,
including comparing the relative costs and benefits of additional automated address checks or address reviews by
Trademarks employees or contractors. Assess which option(s), if any, will provide cost-effective controls to determine if
addresses are valid or should be flagged for appropriate action by the assigned examining attorney.
1-e) Implement domestic address review method(s) recommended by 1-d).
Dependency: Completion of 1-d).
Action Status (Planned, In-
Progress, or Complete)
1-a) Complete
1-b) Complete
1-c) Complete
1-d) Complete
1-e) Complete
USPTO - 96
Exhibit 41
Target Completion Date
1-a) 9/15/21
1-b) 9/30/22
1-c) 3/22/22
1-d) 9/30/22
1-e) 9/30/22
Recommendation Status
(Planned, In-Progress, or
Complete)
Complete
Report Number
OIG-21-033-A
Report Title
USPTO Should Improve Controls over Examination of Trademark Filings to Enhance the Integrity of the Trademark
Register
Issue Date
8/11/2021
Recommendation Number
2
Recommendation
Develop standards and procedures to (1) identify and investigate U.S.-licensed attorneys who are properly listed as the
attorney of record on high numbers of fraudulent or inaccurate trademark applications and (2) address the attorneys’
behavior by providing guidance, taking disciplinary action, or taking other actions as appropriate.
Action(s) Planned
2-a) Create an email inbox to centralize reporting by examining attorneys of inaccurate or improper trademark applications
to the Special Task Force, and issue instructions to examining attorneys about the use of the inbox.
2-b) Update trademark systems to flag for examining attorneys automatically that examination on an application has been
paused due to a Special Task Force-initiated investigation of suspicious trademark filings.
2-c) Draft an SOP to: (1) identify investigations in which an attorney of record appears to be participating in a significant
number of suspicious filings, (2) identify the type and amount of evidence necessary for referral, and (3) determine the
appropriate audience and process for referral (i.e., the Office of Enrollment and Discipline or OIG), if any.
Action Status (Planned, In-
Progress, or Complete)
2-a) Complete
2-b) Complete
2-c) Complete
Target Completion Date
2-a) 6/6/21
2-b) 6/1/22
2-c) 1/1/22
USPTO - 97
Exhibit 41
Recommendation Status
(Planned, In-Progress, or
Complete)
Complete
Report Number
OIG-21-033-A
Report Title
USPTO Should Improve Controls over Examination of Trademark Filings to Enhance the Integrity of the Trademark
Register
Issue Date
8/11/2021
Recommendation Number
3
Recommendation
Revise Examination Guide 3-19, or other procedures as appropriate, to clarify (a) expectations for the extent of examining
attorneys’ use of third-party information sources when examining specimens, (b) steps for assessing webpage specimens
(to include an overall assessment of a website’s authenticity), and (c) guidance for identifying mocked-up labels and tags in
specimen photos.
Action(s) Planned
3-a) Form a working group to consider measures that would improve specimen examination. The working group will
consider possible revisions to Examination Guide 3-19 weighed against the effectiveness of other existing and potential
measures.
3-b) Revise Examination Guide 3-19 or issue other appropriate guidance for identifying digitally manipulated and other
improper specimens, and provide training, as appropriate.
3-c) Expand the Letter of Protest procedure to accept evidence of nonuse submitted by third parties that is relevant to a
specific application undergoing examination.
3-d) Conduct a cost/benefit analysis of non-examiners (e.g., support staff and contractors) conducting additional specimen
reviews or investigations, including using an Automated Specimen Analysis Product to review specimens for duplicate
images in multiple, unrelated submissions.
3-e) Implement any specimen review method(s) identified and recommended in 3-d).
Dependency: Completion of 3-d).
Action Status (Planned, In-
Progress, or Complete)
3-a) Complete
3-b) In-Progress
3-c) Complete
3-d) In-Progress
3-e) In-Progress
USPTO - 98
Exhibit 41
Target Completion Date
3-a) 12/1/22
3-b) 9/30/24
3-c) 8/1/21
3-d) 9/30/24
3-e) 9/30/24
Recommendation Status
(Planned, In-Progress, or
Complete)
In-Progress
Report Number
OIG-21-033-A
Report Title
USPTO Should Improve Controls over Examination of Trademark Filings to Enhance the Integrity of the Trademark
Register
Issue Date
8/11/2021
Recommendation Number
4
Recommendation
Develop controls to ensure consistency and coordination among examining attorneys for the examination of multiple
trademark applications from a single applicant.
Action(s) Planned
4-a) Implement a process for the Special Task Force to use the Administrator Console feature in trademark database
systems to identify and quarantine groups of applications with suspicious data elements (e.g., specimens of use, attorney
name, applicant address, etc.) for investigation by the Special Task Force before they are assigned to an examining
attorney.
4-b) Update trademark systems to flag for examining attorneys automatically that examination on an application has been
paused due to a Special Task Force-initiated investigation of suspicious trademark filings.
4-c) Implement an automated process to identify duplicate specimens of use in multiple applications from the same
applicant and promote consistent examination.
4-d) Test sensitivity of IT tool for identifying specimens that are not identical but contain the identical item or good, and if
sufficient, evaluate costs and benefits of deploying the IT tool for wider use.
4-e) Establish a pilot program to do a random quality review check on companion applications filed within a 6-month period
within the same class to ensure they were consistently handled, and determine whether results support wider adoption.
Action Status (Planned, In-
Progress, or Complete)
4-a) Complete
4-b) Complete
4-c) Complete
4-d) Complete
4-e) Complete
USPTO - 99
Exhibit 41
Target Completion Date
4-a) 5/1/21
4-b) 6/1/22
4-c) 3/31/23
4-d) 3/31/23
4-e) 9/30/23
Recommendation Status
(Planned, In-Progress, or
Complete)
Complete
Report Number
OIG-21-033-A
Report Title
USPTO Should Improve Controls over Examination of Trademark Filings to Enhance the Integrity of the Trademark
Register
Issue Date
8/11/2021
Recommendation Number
5
Recommendation
Develop specific guidance for examining attorneys’ use of Trademark Manual of Examining Procedure section 904.01(a).
Action(s) Planned
5-a) Provide appropriate guidance on what constitutes a “wide” range of unrelated goods for which an examining attorney
should take action under section 904.01(a).
Action Status (Planned, In-
Progress, or Complete)
5-a) In-Progress
Target Completion Date
5-a) 9/30/24
Recommendation Status
(Planned, In-Progress, or
Complete)
In-Progress
Report Number
OIG-21-033-A
USPTO - 100
Exhibit 41
Report Title
USPTO Should Improve Controls over Examination of Trademark Filings to Enhance the Integrity of the Trademark
Register
Issue Date
8/11/2021
Recommendation Number
6
Recommendation
Create a risk framework to address fraudulent or inaccurate trademark filings, to include a risk profile, goals, and targets;
update the risk framework on a regular basis; and update the Special Task Force’s Charter to align with the risk framework.
Action(s) Planned
6-a) Document Trademarks’ risk framework, including its risk profile, goals, and targets, through the Agency’s Enterprise
Risk Management (ERM) Scorecard, which is updated quarterly.
6-b) Update the Special Task Force’s charter to align with the ERM documentation.
Dependency: Completion of 6-a).
Action Status (Planned, In-
Progress, or Complete)
6-a) Complete
6-b) Complete
Target Completion Date
6-a) 10/31/21
6-b) 6/1/22
Recommendation Status
(Planned, In-Progress, or
Complete)
Complete
Report Number
OIG-21-033-A
Report Title
USPTO Should Improve Controls over Examination of Trademark Filings to Enhance the Integrity of the Trademark
Register
Issue Date
8/11/2021
Recommendation Number
7
Recommendation
Develop procedures to aggregate data from managing attorneys’ reviews of examining attorneys’ work, and use this data to
monitor and assess the effectiveness of efforts to improve the accuracy of the trademark register.
Action(s) Planned
7-a) Modify the Office of Trademark Quality Review and Training’s (OTQRT) database to create a workflow that will allow
managers to input quality review data directly.
7-b) Determine how best to use the additional data to monitor and assess the effectiveness of efforts to improve the
accuracy of the trademark register.
Dependency: Completion of 7-a).
Action Status (Planned, In-
Progress, or Complete)
7-a) Complete
7-b) In-Progress
USPTO - 101
Exhibit 41
Target Completion Date
7-a) 12/31/23
7-b) 12/31/23
Recommendation Status
(Planned, In-Progress, or
Complete)
In-Progress
Section 2. Implementation of GAO public recommendations issued no less than one year ago that are designated by GAO as
“Open” or “Closed-Unimplemented.”
Open Recommendation(s) the Department has decided not to implement.
Nothing to report.
Open Recommendation(s) the Department plans to implement.
Nothing to report.
Recommendations designated by GAO as “Closed-Unimplemented for the past five years (2015–2019). Future reports will cover a one-year
period.
Nothing to report.
Section 3. Implementation of OIG public recommendations issued no less than one year ago for which Final Action has not been
taken or Action Not Recommended has been taken.
Report Number
OIG-19-014-A
Report Title
Inadequate Management of Active Directory Puts USPTO's Mission at Significant Cyber Risk
Issue Date
6/13/2019
Recommendation Number
4
Recommendation
Ensure PIV card technology compatibility with ongoing and future system development for USPTO next-generation applications, and
switch PIV enforcement to a per-user basis, when technically feasible.
Target Implementation Date
9/30/2023
Reason No Final Action Taken
It was determined that some of the corrective actions related to this recommendation would require more time than others to complete.
or Action Not Recommended
Taken
Per the OIG's suggestion, the USPTO added sub-actions to its Plan of Actions and Milestones to separate corrective actions related to
recommendation 4, which would require more time than others. Corrective action 4c has a target completion date of September 30,
2023. A request to change the target completion date to September 30, 2025 was submitted to the OIG on October 2, 2023. The
corrective action is listed below:
USPTO - 102
Exhibit 41
4-c) The USPTO has determined it is not currently technically feasible to implement user-based PIV enforcement in the current
operational environment. Machine-based PIV enforcement meets HSPD-12 requirements. The USPTO will reevaluate user-based PIV
enforcement annually.
Closure Request Pending
(Yes/No)
No
Section 4. Discrepancies between this report and the semiannual reports submitted by the Commerce Office of Inspector General
or reports submitted by GAO.
Nothing to report.
USPTO - 103
Exhibit 42
Department of Commerce
U.S. Patent and Trademark Office
Salaries and Expenses
Description of Tribal Consultations
(Dollar amounts in thousands)
2024 Base
2024 Estimate
Increase/Decrease
from 2024 Base
Personnel
Amount
Personnel
Amount
Personnel
Amount
Patent Program
Pos./Obl.
-
-
-
-
-
-
FTE
Trademark Program
Pos./Obl.
-
-
-
-
-
-
FTE
IP Policy, Enforcement &
Protection Program
Pos./Obl.
-
-
-
-
-
-
FTE
Cross Cutting Functions
Program
Pos./Obl.
-
-
-
-
-
-
FTE
Summary Description of Tribal Consultations: None applicable.
Summary Description of Tribal Input: None applicable.
USPTO - 104
APPENDICES
USPTO - 105
This Page Is Intentionally Left Blank.
USPTO - 106
Appendix I
Appendix I: Patent and Trademark Programs Five-Year Outlook
The USPTO’s Budget includes two distinct programs: the Patent Program and the Trademark Program. The agency receives fee
collections for incoming patent and trademark work to finance patent and trademark operations, respectively. As a fully fee-funded
agency, the USPTO relies on a comprehensive, multiyear budgetary outlook. Long-term planning estimates facilitate effective
resource planning and inform fee setting over the five-year budget horizon. The five-year forecast summary reflects the USPTO’s
point-in-time planning assumptions and budget priorities. The five-year estimates contain inherent uncertainty because future
economic conditions upon which the USPTO bases fee collections and spending requirements are unknown. The USPTO routinely
updates its fee collection forecasts, tracks operational and financial performance, and monitors changes in the economy to mitigate
this risk of uncertainty. Appendix IV provides a detailed description of how the USPTO develops workload and fee collection
estimates for the two programs.
The USPTO has two ORs: patent and trademark. The agency maintains OR balances to mitigate financial and operational risk (see
the OR description in Appendix IV). The ORs contain unspent prior-year fee collections that, once apportioned by the Office of
Management and Budget (OMB), are immediately available for use. The USPTO uses all available funding sources (i.e.,
appropriated fee collections and ORs) to finance agency operations continuously. The ORs supplement annual collections when
annual spending requirements exceed revenue, help the USPTO manage cash flow when normal seasonal variability causes
spending to exceed fee collections periodically, and provide funding for unplanned requirements necessary for the USPTO’s
continued operations. The ORs are not distinct accounts or segregated fund balances. The USPTO manages the ORs within a range
of acceptable balances (between minimum and optimal targets) and assesses its options when balances fall either below or above
that range. Annually, the USPTO evaluates OR forecasts, including cash flow and any planned use of OR funds, as part of the
budget formulation process and in accordance with the USPTO’s OR policy. The USPTO compares the forecasted OR balances to
the operating range for both ORs. Minimum planning targets are intended to address immediate, unplanned changes in the economic
or operating environments as the reserve builds to the optimal target level. The USPTO reviews minimum and optimal planning
targets every three years to ensure the reserve operating range (between minimum and optimal targets) mitigates the severity of an
array of financial risks. Based on the current risk environment, including various risk factors such as economic and funding
uncertainty and the high percentage of fixed costs, the USPTO established a minimum planning level of 8% of total spending (or one
month of operating expenses) and an optimal, long-range planning target of 22% (or about three months of operating expenses) for
the Patent Program as well as a minimum planning level of 23% of total spending (or about three months of operating expenses) and
an optimal, long-range planning target of 50% (or six months of operating expenses) for the Trademark Program.
Annual OR balances do not include USPTO deposits in the Patent and Trademark Fee Reserve Fund (PTFRF), which is a separate
account. When actual fee collections exceed amounts authorized in annual appropriations in any given year, the USPTO deposits
the excess in the PTFRF. The USPTO cannot use PTFRF deposits immediately; thus, PTFRF balances do not mitigate short-term
operational financing risks. The agency must notify Congress, using the congressional reprogramming process, before it may use
PTFRF deposits to finance USPTO operations.
USPTO - 107
Appendix I
Long-Term Planning
As mentioned in the Executive Summary, the UAIA was enacted on December 29, 2022. The USPTO has identified the resources
and budgetary requirements needed to satisfy UAIA provisions. The agency plans to continue refining costs associated with the
UAIA in future budgets.
Significant provisions of the UAIA include:
Establishment of satellite (regional) and community outreach offices: The law directs the USPTO to establish a
Southeast Regional Office by December 2025 and to complete a study by December 2024 to determine whether additional
satellite offices are necessary. In addition, it directs the USPTO to establish no fewer than four community outreach offices
throughout the United States by December 2027. It also requires the agency to partner with local organizations to create
programs that provide education on the patent system, promote career benefits of entrepreneurship and innovation, and
educate prospective inventors in underrepresented populations and locations.
Updates to the Patent Pro Bono Program: the law directs the USPTO to increase efforts to enhance the Patent Pro Bono
Program, including completing a study by December 2023 and submitting the results to the Committee on the Judiciary of the
House of Representatives.
Pre-prosecution assessment pilot program: The law directs the USPTO to establish a pilot program to assist first-time
prospective patent applicants in assessing the strengths and weaknesses of a potential patent application by December
2023.
Fee reductions for small and micro entities: The law increased small entity discounts from 50% to 60% and micro entity
discounts from 75% to 80% on December 29, 2022. It also directs the agency to perform a fee study by December 2024 and
to submit the results to the Committee of the Judiciary of the Senate and the Committee on the Judiciary of the House of
Representatives.
Cost Containment and Savings
The USPTO is committed to fiscal responsibility. The agency makes prudent decisions to align spending priorities with fee collection
projections to meet workload requirements and maintain sufficient OR levels. This Budget builds on $40 million in real estate savings
assumed in the FY 2024 PB and beginning in FY 2025 to include an additional annual cost savings of $12 million through more
leased space reductions in Northern Virginia. The combined reduction in campus space amounts to estimated annual cost savings of
approximately $52 million. Further, despite upward pressure from inflation, supply chain disruptions, and government-wide pay
raises, along with a steady appetite for IT improvements that offer business value to fee-paying customers, the USPTO will continue
to achieve IT cost containment goals via systems and equipment modernization over the budget horizon.
Patents Five-Year Outlook
USPTO - 108
Appendix I
The USPTO continues to focus on producing accurate and consistent results in patent search and examination while improving
timeliness. Ensuring the reliability of issued patents so stakeholders have confidence in patent grants requires the USPTO to invest
time, training, and other resources, as supported by the Budget.
In the FY 2025 Budget, the USPTO projects a 1.5% growth annually for serialized (original) filings—the largest component of the
overall application growth ratefor FY 2024 and FY 2025 and a 1.0% growth each year between FY 2026 and FY 2029. Given
current filing trends and other economic behavior assumptions, the USPTO plans to hire approximately 800 to 850 patent examiners
in FY 2024 through FY 2025, and between 700 and 900 patent examiners in FY 2026 through FY 2029, as demonstrated in figure
1(a). As seen in figure 1(b), the USPTO projects an overall annual growth rate of 2.1% in UPR application filings in FY 2025. The
agency calculates all patent spending and fee estimates based on these assumptions. The UPR annual growth rate differs from the
serialized growth rate in that it also includes request for continued examination (RCE) filings. RCE filings comprise approximately
24% of disposal filings annually. The USPTO continues to engage in various initiatives designed to reduce RCE filings, which would
ultimately reduce the total UPR filing growth rate.
The American Inventors Protection Act of
1999 established the current PTA process. A
patent term is a measure of the period that a
patent is in force. The PTA statute requires
the USPTO to adjust a patent term to
account for certain agency administrative
delays in a patent application. Often
described as the 14-4-4-4-36 time frames,”
the specified time periods require the
USPTO to issue an office action within 14
months after receipt of an application filing;
respond to a reply or an appeal within four
months after the applicant files the reply or
takes the appeal; act on an application within
four months after the PTAB or a federal court
makes a decision; issue a patent within four
months of receiving an issue fee payment;
and issue a patent within 36 months of an
application’s filing date. The staffing plan included in this Budget provides for patent examiner staffing levels required to address
increasing workloads as well as to balance quality and pendency targets within PTA examination time frames. In its ongoing efforts to
improve certainty and timeliness, the USPTO will continue to monitor inventory and application filing levels closely and calibrate
0
2,000
4,000
6,000
8,000
10,000
12,000
0
100
200
300
400
500
600
700
800
900
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
EOY Examiners
In Thousands
Figure 1 (a)
Change in Patent Applications,
Inventory, and Examiners
Applications Unexamined Patent Application Backlog Examiners at End-of-Year
USPTO - 109
USPTO - 110
Appendix I
examination capacity to reduce PTA while optimizing the issuance of reliable, predictable, and consistent patents. Projected results
will shift in accordance with changes to planned hiring levels and other assumptions.
Figure 1(b): Patent performance outlook
Utility, Plant and Reissue
FY 2023
FY 2024
FY 2025
FY 2026
FY 2027
FY 2028
FY 2029
UPR Applications
594,374
596,800
609,400
615,400
623,600
629,600
642,200
Growth Rate
0.3%
0.4%
2.1%
1.0%
1.3%
1.0%
2.0%
Serialized Applications
463,259
469,900
477,000
481,700
486,600
491,400
496,300
Serialized Growth Rate
1.2%
1.5%
1.5%
1.0%
1.0%
1.0%
1.0%
Production Units
437,900
543,500
557,000
577,300
602,300
621,100
639,0000
Unexamined Inventory
747,975
784,100
817,900
820,200
811,600
789,400
780,000
Performance Measures
Total PTA Compliance - Mailed Actions (Percent)
81%
80%
80%
80%
80%
80%
80%
Total PTA Compliance - Remaining Inventory (Percent)
82%
81%
81%
80%
80%
80%
81%
Examiners at End-of-Year
8,240
8,500
8,833
9,276
9,589
9,867
10,135
To achieve the performance commitments shown above, the USPTO developed estimates of Patents spending and fee collections,
as shown in figure 1(c).
Figure 1(c): Patent financial outlook
FY 2023
FY 2024
FY 2025
FY 2026
FY 2027
FY 2028
FY 2029
Estimated fee collections (Appropriation/Authority)
3,584
3,659
3,972
4,238
4,338
4,305
4,314
Other income
50
50
50
50
50
50
50
OR BOY balance
775
942
793
840
1,028
1,148
1,074
Total estimated funds available
4,409
4,651
4,815
5,129
5,416
5,504
5,438
Total estimated spending
(3,490)
(3,859)
(3,975)
(4,102)
(4,268)
(4,431)
(4,600)
Available at EOY
919
793
840
1,028
1,148
1,074
837
Transfer (to)/from PTFRF
23
-
-
-
-
-
-
OR EOY balance
942
793
840
1,028
1,148
1,074
837
PTFRF
PTFRF BOY balance
23
-
-
-
-
-
-
Transfer to/(from) PTFRF
(23)
-
-
-
-
-
-
PTFRF EOY balance
-
-
-
-
-
-
-
EOY OR and PTFRF balances
942
793
840
1,028
1,148
1,074
837
Appendix I
Projected Fee Collections
The USPTO projects that serialized patent application filings will grow by 1.5% annually in FY 2024 and FY 2025, followed by 1.0%
annually through the end of the planning horizon. This growth, which would reflect a stabilization toward historical norms, reflects an
anticipated decrease in continuation applications, which account for nearly a quarter of new applications. Filing growth projections
directly impact fee collections.
The USPTO conducts biennial fee reviews to ensure the fee structure allows the agency to make continuous strategic improvements
to address stakeholder needs and to maintain a sustainable funding model to avoid any disruptions caused by fluctuations in
available financial resources. A recent comprehensive patent fee review concluded that fee adjustments are necessary to increase
aggregate revenue and refine certain fees to finance ongoing operations efficiently. The patent fee collection estimates are based on
proposed fee adjustments that are assumed to take effect January 8, 2025. Preliminary proposals were shared at a Patent Public
Advisory Committee (PPAC) public hearing on May 18, 2023. On August 14, 2023, PPAC issued a report with the comments, advice,
and recommendations of the committee. The USPTO plans to issue a Notice of Proposed Rulemaking that considers updates to the
proposals based on the PPAC report. The proposed fee rates will increase projected fee collections by about $435 million per year,
once fully implemented. The USPTO is committed to improving the fee schedule design continuously to provide the agency sufficient
financial resources to administer the U.S. patent system effectively while maintaining a rigorous and open review process.
Estimated Spending
The USPTO submitted a request to increase the patent
special rate table, which directly impacts spending for
the Patent Program beginning in FY 2024. This Budget
uses current planning assumptions to estimate the
increase in patent compensation, contingent upon
approval and is subject to change. The Budget also
increases workload capacity through hiring additional
patent examiners to meet demand and to reach
pendency goals in the outyears. Additionally, spending
reflects inflationary increases, and the USPTO projects
that the Patent Program will increase at a 4.7%
compound annual growth rate (CAGR) through FY 2029,
relative to the FY 2023 baseline level.
Patent OR
The USPTO manages its ORs within a range of
acceptable balances—a minimum planning level and an
optimal planning level—based on an assessment of key
0
200
400
600
800
1000
1200
1400
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
Figure 1(d)
Patent Operating Reserve Balance
Optimal Level Minimum Level FY 2025 PB
Minimum level is 8% of est. spending
Optimal level is 22% of est. spending
LOW RISK
HIGH RISK
Operating Range
USPTO - 111
Appendix I
risk factors. For FY 2025, the USPTO set the minimum Patents planning levels at 8% of total spending (about one month of
operating expenses) or $318 million and optimal planning levels at 22% of total spending (about three months of operating expenses)
or $994 million (see figure 1(d)).
The UAIA, signed into law on December 29, 2022, reduced barriers to entering the patent system by increasing small and micro
entity discounts. As a consequence of new, higher discounts, the USPTO will collect approximately $100 million less per year in fee
collections going forward relative to previous estimates. Additionally, the broader U.S. economy has experienced higher-than-
expected inflation over the last two years and, in turn, increased USPTO operating costs. The revenue decrease and inflationary
increase, with the proposed increase to the patent special rate table, will directly impact spending for the Patent Program beginning
in FY 2024. As a result, the USPTO estimates that patent spending requirements will exceed patent fee collections in FY 2024. The
patent OR balance, which is mitigating the USPTO’s financing risk in FY 2024, will be followed by the restoration of contributions to
the OR balance beginning in FY 2025.
The USPTO projects that the fee proposals expected to take effect in FY 2025 will increase fee collections to the point that they
exceed patent spending requirements, and the agency will add forecasted excess fee collections to the patent OR each year from FY
2025 through FY 2027. During FY 2028 and FY 2029, as projected fee collection growth slows but projected patent spending
requirements continue to increase, the USPTO expects to use the patent OR again to fund operating expenses. The USPTO
conducts biennial fee reviews to ensure the fee structure keeps the agency on stable financial footing and will consider further fee
adjustments if necessary.
The USPTO bases OR projections on point-in-time estimates and assumptions that are inherently uncertain and subject to change.
Uncertainties around adjustments to examination capacity, time allotted to examiners to perform their work, recompetitions of existing
contracts, changes in workload, inflationary increases, and decreases in revenue, among other issues, could impact the USPTO’s
ability to achieve projected OR levels.
Trademarks Five-Year Outlook
The USPTO is committed to maintaining high-quality examination of trademark applications while continuing to focus on timeliness.
Historically, trademark application filings have exhibited a strong and immediate correlation with the economy (as measured by
changes in gross domestic product and venture capital investment). The USPTO experienced a pandemic-related reduction in
trademark application filings during the second quarter of FY 2020 that, at the time, looked likely to continue. This measure was
followed by an unexpected and extreme surge in filings in the fourth quarter that, in large part, coincided with governments issuing
COVID-19-related economic stimuli globally. Strong economic conditions continued into FY 2021. Since then, and as of September
2023, Trademarks has experienced a gradual deceleration and a return to normal demand levels.
USPTO - 112
Appendix I
For FY 2025, the USPTO projects that filings will
grow by 4.6%, followed by similar growth rates
(ranging from 5.6% to 5.7% annually) in FY 2026
to FY 2029. Given that the USPTO anticipates a
steady increase in filings and has a record-high
backlog of unexamined applications, the USPTO
will increase staffing levels for trademark
examining attorneys during the five-year planning
horizon, as demonstrated in figure 2(a). For over a
decade, the USPTO maintained first action
pendency at between 2.5 and 3.5 months. The
agency entered FY 2022 with a considerable
backlog of unexamined applications attributed to
the increase in trademark filings in FY 2020 and
FY 2021. This swift increase led the USPTO to
revise its first action pendency targets upward to
8.4 months in FY 2024. The requirements included
in this Budget position the USPTO to reduce first
action pendency to 7.5 months in FY 2025. Total pendency goals are expressed as the optimal target, which is 13.5 months in FY
2025. The pendency reduction plan is the USPTO’s recognition that working through the unprecedented surge and backlog will take
several years. The USPTO is actively implementing several initiatives, encompassing the introduction of new IT systems and
functionalities, aimed at reducing pendency and enhancing the timeliness and quality of the examination and registration processes.
-
100
200
300
400
500
600
700
800
900
1,000
-
200,000
400,000
600,000
800,000
1,000,000
1,200,000
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
EOY Examiners
In Thousands
Figure 2 (a)
Change in Trademark Applications,
Balanced Disposals, and Examining Attorneys
Applications EOY Unexamined Applications EOY Examining Attorneys
To align capacity with the high inventory and incoming workloads, the USPTO is steadily hiring examining attorneys. Simultaneously,
the organization is exploring opportunities for process optimization workflows and automation to make the examination process more
efficient. In addition, the TMA, which went into effect on December 27, 2021, set forth a series of initiatives to improve and strengthen
the accuracy and integrity of the federal Trademark Register. Its implementation enabled individuals, businesses, and the USPTO to
use new tools to clear away unused registered trademarks from the Trademark Register. The TMA also equips the USPTO with an
additional tool to move applications through the registration process more efficiently. As of December 1, 2022, applicants now have
shortened periods to respond to office actions. The USPTO expects to start implementing these initiatives in late FY 2025 or early FY
2026, depending on the successful completion of IT modernization. The ongoing assessment of spending requirements and their
benefits, including incentives to boost productivity, is underway, and the agency will incorporate finalized estimates and timelines into
the next budgeting update. The USPTO will continue to identify additional resources and costs related to developing and executing
the new provisions—specifically, in the IT and examination areas.
USPTO - 113
Appendix I
Figure 2(b): Trademarks performance outlook
FY 2023
FY 2024
FY 2025 FY 2026 FY 2027
FY 2028 FY 2029
Applications
737,000
740,000
774,000
817,000
863,000
912,000
964,000
Growth rate
-6.4%
0.4%
4.6%
5.5%
5.6%
5.7%
5.7%
Balanced disposals
1,552,600
1,580,000
1,600,000
1,680,000
1,740,000
1,850,000
1,930,000
Unexamined applications at EOY
526,160
485,000
463,756
442,627
418,438
402,622
401,645
Average first action pendency (months) 8.5 8.4 7.5 6.3 5.9 5.5 4.9
Average total pendency (months) 14.5 14.4 13.5 11.3 10.9 9.5 8.9
Examining attorneys at EOY 756 773 806 841 876 913 948
To achieve the performance commitments shown above, the USPTO developed estimates of Trademarks spending and fee
collections, as shown in figure 2(c).
Figure 2(c): Trademarks financial outlook
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
Estimated fee collections (Appropriation/Authority)
457 461 583 640 666 694 721
Other income
10 10 10 10 10 10 10
OR BOY balance
209 203 86 85 125
165 205
Total estimated funds available
675 674 679 735 800 869 936
Total estimated spending
(480) (588) (594) (611) (635) (664) (690)
Available at EOY
195 86 85 125 165 205 246
Transfer (to)/from PTFRF 8 -
- - - - -
OR EOY balance
203 86 85 125 165 205 246
PTFRF
PTFRF BOY balance 8 - - - - - -
Transfer to/(from) PTFRF (8) -
- - - - -
PTFRF EOY balance
- - - - - -
-
EOY OR and PTFRF balances
203 86 85 125 165 205 246
Projected Fee Collections
Trademark application filings declined by 16.5% in FY 2022 when compared to the all-time high for application filings in 2021 and
6.4% in FY 2023, returning to more typical levels following a growth of 27.9% in FY 2021. The USPTO projects that filings will level
USPTO - 114
Appendix I
out in FY 2024, growing by 0.4%, followed by an increase of 4.6% in FY 2025 and annual growth rates ranging from 5.5% to 5.7%
over the remainder of the planning horizon. Filing growth projections directly impact estimated fee collections.
The USPTO conducts biennial fee reviews to ensure fees align with the full costs of relevant products and services to the greatest
extent possible. Additionally, the USPTO aims to protect the integrity of the Trademark Register and promote the efficiency of the
examination, appeal, and trial processes while maintaining a rigorous and open review process. The trademark fee collection
estimates are based on proposed fee adjustments that are assumed to take effect November 23, 2024. Preliminary proposals were
shared at a Trademark Public Advisory Committee (TPAC) hearing on June 5, 2023. On August 14, 2023, TPAC issued a report with
the comments, advice, and recommendations of the committee. The USPTO plans to issue a Notice of Proposed Rulemaking that
considers updates to the proposals based on the TPAC report.
Estimated Spending
The USPTO anticipates that, overall, filings will increase by about 227,000 applications (classes) by FY 2029 relative to FY 2023, or
a 4.6% CAGR. Trademarks will increase its number of examining attorneys and personnel to support increasing workloads and
business development and to implement new and improved IT tools to manage the workload more effectively. Total annual
trademark spending requirements will increase at a 6.2% CAGR through FY 2029 relative to the FY 2023 level. These increases in
spending requirements include inflationary increases, capacity increases, and continued investments to improve Trademarks’
business effectiveness.
Trademark OR
The USPTO reviews OR optimal balance targets
every three years and sets balance target levels to
mitigate fee collections and spending risk factors.
Through its multiyear planning process, the USPTO
aims to achieve or approach optimal OR levels within
the five-year forecast. For FY 2025, the USPTO set
the minimum trademark OR planning levels at 23% of
total spending (about 3 months of operating
expenses) or $137 million and optimal planning levels
at 50% of total spending (6 months of operating
reserves) or $297 million (see figure 2(d)).
The USPTO estimates the trademark OR will fall
below minimum levels through FY 2026 before
reversing trajectory and beginning to rebound in FY
2027–FY 2029. Forecasts for aggregate trademark
0
50
100
150
200
250
300
350
400
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
Figure 2 (d)
Trademark Operating Reserve Balance
Optimal Level Minimum Level FY 2025 PB
Minimum level is 23% of est. spending
Optimal level is 50% of est. spending
LOW RISK
HIGH RISK
Operating Range
USPTO - 115
Appendix I
revenue using current demand estimates are lower than prior forecasts. Lower-than-expected demand is coinciding with changes to
trademark filing and renewal patterns, resulting in some imbalances in the overall fee structure. Additionally, the broader U.S.
economy has experienced higher-than-expected inflation recently and, in turn, increased USPTO operating costs. Consequently, the
USPTO projects trademark costs will exceed trademark fee collections, resulting in OR levels dipping slightly below minimum in FY
2024–2026. The agency projects the fee proposals expected to take effect in FY 2025 will increase fee collections to the point they
exceed trademark spending requirements. With these forecasted excess fee collections added to the trademark OR, it will begin
rebounding in FY 2027 and continue to grow through FY 2029.
The USPTO bases OR projections on point-in-time estimates and assumptions that are inherently uncertain and subject to change.
Uncertainties around adjustments to examination capacity, time allotted to examiners to perform their work, recompetitions of
contracts, changes in workload, inflationary increases, and decreases in revenue, among other issues, could impact the USPTO’s
ability to achieve projected OR levels.
USPTO - 116
Appendix II
Appendix II: Allocation of Budgetary Requirements to the Patent and Trademark Programs
PATENT / TRADEMARK SPLIT PER TWO WAY BUSINESS LINE
PROGRAM AND PERFORMANCE: TOTAL OBLIGATIONS
(Direct Obligations amounts in thousands)
2023
2024
2025
Sub-Activity:
Total Patents Trademarks Total Patents Trademarks Total Patents Trademarks
Patent Examining 2,420,722 2,420,722 - 2,655,077 2,655,077 - 2,835,271 2,835,271 -
Patent Trial and Appeals
83,425
83,425 - 90,828 90,828 - 89,622 89,622 -
Patent Information Resources
148,646
148,646 - 156,998 156,998 - 158,582 158,582 -
Trademark Examining
219,295 - 219,295 276,021 - 276,021 293,183 - 293,183
Trademark Appeals and Inter
Partes Proceedings
16,605
- 16,605 22,950 - 22,950 24,457 - 24,457
Trademark Information Resources
59,199 - 59,199 59,373 59,373 50,332 50,332
Policy, External Affairs and
Administrative Support
30,651
19,250 11,401 36,553 23,019 13,533 37,346 23,523 13,823
Global Intellectual Property
Academy (GIPA)
4,318 2,980 1,337 5,323 3,674 1,649 5,401 3,728 1,673
IP Attaché Program
15,471
10,026 5,444 17,308 11,217 6,091 17,318 11,224 6,094
Executive Direction and
Communications
30,211 25,494 4,716 47,434 40,002 7,432 53,896 45,475 8,421
Financial Management Services
45,443 38,359 7,084 54,696 46,130 8,566 57,998 48,885 9,113
Human Resource Management and
Administrative Services
56,778
49,490 7,288 71,730 62,505 9,225 78,989 68,817 10,172
Legal Services 32,993 25,677 7,316 39,183 30,443 8,740 40,116 31,174 8,942
Management Information
Resources
106,775
84,079 22,696 117,078 90,034 27,044 116,372 89,889 26,483
IT Infrastructure and IT Support
Services
421,193 331,988 89,205 423,448 333,604 89,844 424,294 334,252 90,042
Miscellaneous General Expense
276,369 247,750 28,618 370,508 313,182 57,325 282,994 232,070 50,924
Total
3,968,093 3,487,888 480,205 4,444,508 3,856,716 587,792 4,566,172 3,972,511 593,660
USPTO - 117
Appendix II
Department of Commerce
U.S. Patent and Trademark Office
PROGRAM AND PERFORMANCE: TOTAL OBLIGATIONS
(Direct Obligations amounts in thousands)
2026 2027 2028 2029
Sub-Activity:
Total Patents Trademarks Total Patents Trademarks Total Patents Trademarks Total Patents Trademarks
Patent Examining
2,961,249 2,961,249 - 3,123,963 3,123,963 - 3,271,214 3,271,214 - 3,429,044 3,429,044 -
Patent Trial and Appeals
90,997 90,997 - 91,870 91,870 - 92,782 92,782 - 93,331 93,331 -
Patent Information Resources
157,108 157,108 - 157,563 157,563 - 158,036 158,036 - 158,459 158,459 -
Trademark Examining
308,431 - 308,431 330,094 - 330,094 354,980 - 354,980 378,741 - 378,741
Trademark Appeals and Inter
Partes Proceedings
25,833 - 25,833 27,587 - 27,587 28,542 - 28,542 29,109 - 29,109
Trademark Information
Resources
51,095 51,095 51,679 51,679 52,131 52,131 52,515 52,515
Policy, External Affairs and
Administrative Support
38,199 24,059 14,139 39,102 24,628 14,474 39,999 25,193 14,806 40,753 25,668 15,085
Global Intellectual Property
Academy (GIPA)
5,549 3,831 1,719 5,715 3,945 1,770 5,873 4,054 1,819 6,022 4,157 1,865
IP Attaché Program
17,340 11,238 6,102 17,356 11,248 6,108 17,373 11,260 6,114 17,393 11,272 6,121
Executive Direction and
Communications
54,748 46,183 8,564 53,994 45,529 8,465 55,443 46,749 8,693 56,695 47,804
8,890
Financia
l Management Services
60,182 50,712 9,470 58,832 49,413 9,419 60,832 51,080 9,752 62,561 52,521 10,040
Human Resource Management
and Administrative Services
82,068 71,504 10,565 84,866 73,944 10,922 87,591 76,321 11,270 89,765 78,215 11,550
Legal Services
40,297 31,521 8,776 41,427 32,406 9,021 42,661 33,371 9,289 43,264 33,830 9,434
Management Information
Resources
114,558 88,519 26,039 114,559 88,540 26,019 114,596 88,591 26,005 114,554 88,579 25,975
IT Infrastructure and IT Support
Services
423,729 333,727 90,002 424,345 334,130 90,215 424,898 334,480 90,418 425,262 334,692 90,570
Miscellaneous General Expense
278,366 228,751 49,615 277,434 228,328 49,106 285,071 235,244 49,827 290,808 240,560 50,248
Total
4,709,747 4,099,398 610,349 4,900,387 4,265,508 634,879 5,092,021 4,428,374 663,647 5,288,275 4,598,132 690,143
USPTO - 118
Appendix III
Appendix III: USPTO IT Portfolio
As a production-oriented entity, the USPTO relies upon mission-critical IT to enable every aspect of the agency’s operations. The
quality, efficiency, and productivity of patent and trademark operations correlate with the performance of their respective IT solutions
and the underlying infrastructure on which they operate. The USPTO continuously engages in multiyear efforts to modernize its
business systems and the supporting IT infrastructure to keep pace with emerging business, legislative, and judicial needs, as well
as constantly evolving technological standards.
The USPTO’s enterprise technology objective is to achieve world-class resiliency. The agency is investing in migrating components
to the cloud, consolidating data centers, enabling resilience engineering, and providing the basis for an ingress capability that will
result in world-class resiliency to meet the agency’s constitutional obligations. The USPTO prioritizes its product catalog, accounting
for the interconnected needs of legacy solutions that require stabilization and the secure, resilient, and cloud-based modern solutions
that represent the USPTO’s future. The agency remains focused on retiring aging legacy systems in favor of modern solutions that
capitalize on the latest technologies like machine learning, AI, and cloud architecture.
Over the last year, the USPTO established and refined a set of objectives and key results (OKRs), which drive the agency’s IT
program. Five Patents product line OKRs focus on improving timeliness, quality, and CXs. Three Trademarks product line OKRs
mirror Patents’ focus on timeliness, quality, and CXs, along with retiring TRAM. Both sets of OKRs directly align with the USPTO’s
strategic goal to promote efficient delivery of reliable IP rights, which is specifically focused on pendency and quality initiatives as well
as government-wide, DOC, and USPTO strategic objectives associated with data governance.
The Enterprise Business and Enterprise Infrastructure Product Lines have three OKRs each to ensure efficient and effective
enterprise support is available to make the Patents and Trademarks product lines successful. The product lines’ OKRs primarily
support the agency’s strategic goal to generate impactful employee and customer experiences by maximizing agency operations.
The EIPL OKRs specifically focus on cloud migration and decommissioning obsolete infrastructure, as well as government-wide
priorities associated with IT security. The Enterprise Business OKRs focus on strategic objectives to deliver exceptional CXs
equitably as well as to mature data practices. This work also supports the USPTO’s designation as a high-impact service provider
(HISP) among federal government agencies. More details on each OKR may be found in the body of this document.
The USPTO uses product-based agile principles and practices for IT delivery to drive collective purpose, efficiency, and faster time to
delivery. The USPTO continues to prioritize IT investment to achieve its mission and provide a reliable, predictable IP system for the
agency’s internal workforce and external stakeholders.
Efforts to stabilize legacy systems and modernize technologies across the USPTO’s product catalog require the agency to mature its
delivery roles and responsibilities, governance processes, and procurement practices. The USPTO continues to shift delivery teams
to a product-based agile operating model and mindset marked by the principles of autonomy, collaboration, empowerment, and
USPTO - 119
agility. This shift applies to mission-focused and cross-cutting IT products. The product-based agile approach targets the business
stakeholders’ interests and should ultimately deliver IT solutions with higher business value and greater user adoption.
IT Portfolio Budget
The USPTO’s Budget includes $749.6 million in FY 2025 for the agency’s IT program to support Patents, Trademarks, and cross-
cutting information resources sub-programs. The USPTO is committed to containing IT costs. The $749.6 million IT budget for FY
2025 is an approximate 1% decrease from the FY 2024 IT budget, despite upward pressure from inflation, a steady appetite for IT
improvements that offer business value to fee-paying customers, and costs increasing proportionally with the USPTO’s forecasted
growth in patent and trademark applications in areas including storage, cloud solutions, and software.
The result of the USPTO’s commitment to contain IT costs is a relatively flat IT budget, as shown in figure 3(a). The agency projects
its IT budget will grow $1 billion less than the rate of inflation over a 10-year period (2021–2030). The USPTO will achieve this cost
containment goal via modern equipment in a new data center that will cost less to maintain. In addition, by retiring legacy systems,
the agency will:
Figure 3(a)
Reduce the number of teams needed to maintain legacy
systems;
Reduce hardware and software costs;
Reduce storage and licensing costs;
Improve technical debt and patching efficiency; and
Improve cybersecurity.
The USPTO is also committ
ed to improving acquisition
outcomes that may reduce labor costs via effective acquisition
planning, improved acquisition requirements documents,
competition with robust negotiations, and contract
administration.
Appendix III
IT spending over 5-year horizon
900
800
700
42%
43%
43%
43%
43%
43%
43%
58%
57%
57%
57%
57%
57%
57%
FY23 FY24 FY25 FY26 FY27 FY28 FY29
600
Millions
500
400
300
200
100
-
DME Ops
Of the $749.6 million in the USPTO’s IT budget for FY 2025,
$427.3 million is associated with operational activities, as
displayed in figure 3(a). The USPTO requires Ops funds to stabilize and sustain its current level of functionality; performance; and
compliance with federal laws, regulations, and directives. Ops funds include such items as compensation for all USPTO staff with a
technology focus; operations contracts; data center operations; storage, server, and software maintenance; desktop hardware
replacement; telecommunications; and IT support for USPTO locations nationwide.
USPTO - 120
Figure 3(a)
Appendix III
The USPTO is allocating $322.3 million in FY 2025 to IT development, modernization, and enhancement efforts. The agency is
grouping these resources together, recognizing that it must continually modernize and invest in new IT technologies and applications
to enable future mission success.
Total USPTO IT Portfolio by Product Line
The USPTO allocated funding by agency budget programs in FY 2023 through FY 2029 via information resources sub-programs, as
displayed in figure 3(b). Within these programs, the USPTO plans to execute the priorities discussed in this Budget document across
an organizing principle known as the USPTO IT Product Catalog. This catalog consists of approximately 30 products grouped within
four product lines. A product line lead (PLL) resides in each business area and works with their respective business unit leadership
to:
Define the product line’s overall goals and objectives and multiyear product roadmaps;
Ensure the roadmap supports the USPTO’s strategic priorities, business unit objectives, and IT priorities; and
Define and make a business case for the capacity needed to support the product line.
Figure 3(b):
IT Portfolio by Program
(dollars in millions)
FY 2023
FY 2024
FY 2025
FY 2026
FY 2027
FY 2028
FY 2029
Patent IR
148.6
157.0
158.6
157.1
157.6
158.0
158.5
Trademark IR
59.2
59.4
49.5
50.2
50.8
51.2
51.6
Cross Cutting Functions IR
106.8
117.1
117.7
116.0
116.0
116.1
116.1
IT Infrastructure and IT Support
Services
421.2
423.4
423.8
423.2
423.8
424.3
424.7
TOTAL
735.8
756.9
749.6
746.5
748.2
749.7
750.8
The PLLs direct collective work within a product line, liaising as needed among other PLLs, executive stakeholders, and lead
product owners (LPOs) to align resources, deliver top priorities, and manage interdependencies. LPOs play a key role in the
USPTO’s commitment to agile delivery. The agency generally assigns one LPO per product based on the LPO’s business area of
interest. The LPOs define the product’s objectives and ensure it aligns with the business area’s strategy and the product line’s vision.
The LPOs receive training and knowledge-sharing opportunities throughout the fiscal year on how to manage each product using
agile best practices, including continuous prioritization of a backlog of features to deliver business value. The LPOs manage both
software development and enhancements and have operations responsibilities, including IT security and maintenance. The success
of the USPTO’s IT program relies on careful coordination and communication among PLLs, LPOs, IT executives, delivery staff, and
USPTO - 121
Appendix III
business executives to identify, capture, monitor, update, confirm, and reprioritize product backlogs continuously as new information
becomes available throughout the fiscal year.
Program Changes
See the narratives about Information Resources activity program changes in the respective program sections and the IT
Infrastructure and IT Support Services narrative in the Cross-Cutting Functions section for specific IT program changes. For
additional information about government-wide IT spending, please see the Federal IT Dashboard.
USPTO - 122
Appendix IV
Appendix IV: Multiyear Planning by Program
The USPTO operating structure is like a business in that the agency receives requests for services (e.g., applications for patents and
trademark registrations) and charges fees projected to cover the costs of performing them over a multiyear product life cycle. Like a
business, multiyear planning and budgeting requires an in-depth understanding of the USPTO’s financial position, including cost
drivers and revenue, unfunded liabilities, and external realities as demonstrated by the strategic plan, patent production model, PTAB
production model, trademark production model, and fee projection model. These plans and models provide a five-year forecast.
Specifically, demand for patent and trademark services and products and USPTO employees’ production work generates both
current and future revenue that is essential for the agency to operate effectively and meet the needs of the American people.
External influences that affect demand and USPTO workforce productivity significantly impact the USPTO’s efforts and resourcing to
fulfill its mission.
The USPTO uses this information to forecast five-year requirements and fee collection (revenue) estimates in annual budget
documents. The USPTO has established ORs and maintains them to mitigate risk and execute multiyear plans. Using fee setting
authority and other tools, the USPTO continuously refines and balances the aggregate revenue and aggregate cost forecasted in its
multiyear plan. Fee setting authority allows the USPTO to engage the stakeholder community effectively on fee adjustments, fully
recover aggregate costs of the agency’s planned operations, develop and maintain sufficient ORs, invest in strategic administration
and USPTO initiatives, and respond to changing market demand.
Unlike most businesses, some USPTO fees (e.g., initial application filings) do not cover the full costs of the services the agency
performs. The agency sets certain fees below unit costs to promote policy objectives, such as inviting access to the patent and
trademark systems, while it sets others above the individual unit cost to ensure the USPTO recovers costs in the aggregate.
Therefore, the USPTO must take a long-term view that considers both forecasted demand and associated fee collections as well as
projected out-year workload and associated processing costs in projecting the agency’s budgetary requirements.
The FY 2025 Budget and multiyear planning framework enable the USPTO to respond to the demands of both the domestic and
international economies, provide robust and timely IP products and services, and build on its current level of organizational
effectiveness and efficiency.
As part of the USPTO’s requirements under the Chief Financial Officers Act of 1990 (CFO Act) and OMB Circular No. A-25 Revised,
the USPTO biennially reviews the existing patent and trademark fee schedules and researches, analyzes, and develops
recommendations for potential revisions and additions to the schedules. The USPTO also researches the optimal fee schedule to
enhance the operating environment and facilitate the agency’s effective administration of the U.S. IP system while ensuring the fee
schedules continuously meet the needs of the IP environment of the future. Fee reviews are distinct but closely related to the
rulemaking process for fee setting.
Operating Reserve (OR)
The GAO recognizes ORs as a best practice for programs 100-percent funded by user fees to enable the alignment of fees and costs
over a longer horizon and to prepare for and adjust to fluctuations in collections and costs. To continue promoting confidence in the
USPTO - 123
Appendix IV
U.S. IP system, the USPTO maintains both patent and trademark ORs to absorb and respond to temporary shocks in the economy
and to mitigate risk in the USPTO’s multiyear operating and financial environments. The ORs enable the USPTO to finance agency
operations consistently when:
Fee collections are partially or wholly unavailable (e.g., during continuing resolutions or government shutdowns);
Fee collections are lower than expected (e.g., during unexpected economic downturns or legislative changes);
Seasonal spending requirements exceed seasonal fee collections (e.g., as a result of normal cash flow variability);
Demand for patent or trademark services unexpectedly increases (e.g., during unexpected economic upturns with increased
work volumes or legislative changes); or
Other unanticipated spending requirements exceed planned estimates that are necessary to maintain USPTO operations.
For instance, in FY 2019, certain federal government departments and agencies, including the DOC, shut down because of a lapse
in appropriations. The USPTO remained open using OR funds, allowing the agency to continue operations and prevent a significant
degradation in service levels, including pendency time frames. The USPTO also remained open during two brief lapses in
appropriations in FY 2018 and one in FY 2014.
Sufficient ORs for the Patent and Trademark programs also allow the USPTO to maintain an adequate operating tempo during
temporary periods of significant revenue and funding disruption. For example, the ORs enable the USPTO to avoid making short-
term, crisis-based spending decisions that can prevent the agency from delivering on its strategic and performance commitments. In
FY 2020, the agency withstood workload and fee collection declines resulting from the economic impacts of the global pandemic and
provided relief from certain fee-related deadlines (Coronavirus Aid, Relief, and Economic Security Act) by leveraging both programs’
ORs. In FY 2023, the ORs also absorbed unexpected inflationary pressures and the revenue loss associated with the unexpected
increase in patent small and micro entity discounts included in the UAIA that went into effect on December 29, 2022. As outlined in
this Budget, the ORs are also sustaining operations for the Patent and Trademark programs during FY 2024 until adjusted fees
become effective in FY 2025. These examples provide a compelling case for the ORs’ significant value.
The USPTO recognizes that the ORs’ mitigative uses may change over time due to economic volatility, variability in filings and
revenue collections, external and internal enterprise risk, or operational reasons. Therefore, the USPTO annually assesses risk,
including cash flow and any planned use of OR funds, as part of the budget process and in accordance with the USPTO’s OR policy.
The USPTO uses these annual risk assessments to determine the appropriate range for both OR levels. The USPTO manages the
ORs within a range of acceptable balances and assesses its options when projected balances fall either below or above that range.
Minimum planning targets are intended to address immediate, unplanned changes in the economic or operating environments as the
reserve builds to the optimal level. The USPTO reviews the minimum and optimal planning targets every three years to ensure the
reserve operating range (between minimum and optimal targets) mitigates the severity of an array of financial risks. Based on the
current risk environment, including various risk factors such as economic and funding uncertainty and the high percentage of fixed
costs, the USPTO established a minimum planning level of 8% of total spending (or one month) and an optimal, long-range planning
USPTO - 124
Appendix IV
target of 22% (or three months) for the Patent Program as well as a minimum planning level of 23% of total spending (or three
months) and an optimal, long-range planning target of 50% (or six months) for the Trademark Program.
USPTO Fee Collection Estimates
As a fee-funded agency, the USPTO relies on user fee collections, which fluctuate based on various external and internal factors, to
fund operations. The USPTO prepares an aggregate fee collection estimate to guide its internal management and planning.
However, estimates of future-year fee collections are inherently variable, especially in uncertain economic environments. Therefore,
in addition to presenting the most likely fee collection estimates in the Budget, the USPTO examines potential impacts on fee
collections if some major workload assumptions (i.e., requests for services and products) were to change. This risk-based approach
allows the USPTO to have in-depth discussions regarding the estimates and underlying assumptions, which allow the agency to
develop thoughtful spending plans.
Economic and Market Outlook
Requests for USPTO services and products depend upon many factors, including U.S. and global economic activity. The USPTO
considers several economic factors and relevant indicators when forecasting its demand (i.e., requests for services and products).
Major factors include the overall condition of the U.S. and global economies, spending on technological innovation activities, and
investments leading to the commercialization of new products and services. The most relevant indicator the USPTO uses is real
gross domestic product (RGDP), which is correlated with USPTO patent and trademark application filings—the key drivers of patent
and trademark workloads. The USPTO considers RGDP estimates from the Congressional Budget Office (CBO) and other sources
when projecting workloads. These factors provide insight into market conditions which influence stakeholders’ IP portfolio
management decisions, impacting process requests as well as post-issuance decisions to maintain patent and trademark protection.
Developing Workload and Fee Collection Estimates
The USPTO considers economic activity when developing workload forecasts—primarily, patent and trademark application filings. In
addition to economic factors, the USPTO considers overseas activity, court decisions, policies and legislation, process efficiencies,
and anticipated applicant behavior when preparing estimates. The USPTO develops independent patent and trademark estimates of
incoming workload after researching and modeling these elements, as economic and other variables influence patent and trademark
activities differently. Estimates of incoming patent and trademark application filings are susceptible to change in response to global
economic fluctuations and shocks.
The USPTO develops estimates of workload production, examination, and process requests by incorporating the efficiencies, tools,
and policies necessary to increase examination capacity and improve efficiency. In developing estimates, the USPTO also factors in
the resources available for it to complete the work. Certain process actions are mandatory while others are discretionary, such as
when applicants purchase an extended time frame within which to respond to USPTO actions.
The USPTO develops forecasts of post-allowance activities, maintenance of patents in force, and trademark registration renewal
using the same assumptions about the economic environment as incoming work. IP owners carefully manage IP portfolios
incorporating current economic and market conditions to decide whether to continue exclusivity of post-allowance rights. The USPTO
USPTO - 125
Appendix IV
consistently compares all workload estimates to past and current workloads, and regularly adjusts projection models based on
additional data, knowledge, and experience. The agency then transforms workload estimates into individual estimates for each of the
approximately 475 fee codes on the USPTO fee schedule. Individual workload estimates, multiplied by accompanying fee amounts,
become the fee collection estimate. The estimates include assumptions about payment behavior based on the current and proposed
patent and trademark fee schedules.
Patent Fee Collections
Patent fees cover patent-related services and products the USPTO provides at different intervals within the patent application
examination process and over the life of the pending patent application and granted patent. The USPTO’s estimate of FY 2025
patent fee collections includes collections for: applications filed in FY 2025, work the agency will process in FY 2025 (e.g., issues),
examination and process requests for the year, and patent holders’ post-issuance decisions to maintain patent protection. More than
half of all patent fee collections are from issue and maintenance fees. Changes in application filing levels immediately impact current-
year fee collections because fewer patent application filings mean the USPTO will collect fewer fees in the current year. A decline in
patent application filings also has out-year impacts because it decreases total possible production outputs, which, assuming no
change in allowance or renewal rates, would lead the USPTO to collect fewer issue and maintenance fee payments in future years.
The USPTO estimates patent fee collections at $3,972 million for FY 2025, excluding $50 million in other income. The proposed fee
adjustments, assumed to take effect on January 8, 2025, account for $301 million of this total. The new fee schedule will help to
ensure aggregate patent revenue recovers aggregate patent costs following the enactment of the UAIA (which decreased fee
collections), higher-than-expected inflation (which increased operating costs), and potential increases in the patent special rate table
(which would further increase costs). Absent these proposed fee adjustments, the agency expects FY 2025 fee collections to
increase by only $12 million, or 0.3%, compared to FY 2024, based on increased demand for USPTO services. The fee adjustments
bring the total year-over-year increase to $313 million, or 8.6%. These projections are based on assumptions that serialized (new)
patent filings will have a growth rate of 1.5% and RCEs will grow by 24.4%. Patent issues will reflect the USPTO’s continued
commitment to strengthened examination reliability, capacity, and efficiencies, with an estimated 312,412 patents issued in FY 2025.
Patent maintenance fee payments have rebounded from lower renewal rates during the height of the pandemic. By FY 2025, the
USPTO expects that renewal rates will resume longer-term trends (particularly the percentage of issued patents that pay third-stage
maintenance fees) of slight declines in renewal rates as patent life cycles shorten.
Trademark Fee Collections
Applicants pay trademark fees in advance of USPTO actions. In its estimates of trademark fee collections, the USPTO includes
estimated payment amounts for applications filed each year as well as affidavit and renewal fees. Trademark application filings are
correlated with the strength of the economy and individual businesses, and tend to be more volatile than patent application filings.
Because about half of all fees the USPTO collects for trademark-related services and products are from trademark applications and
related filings, trademark fee collections also tend to be more volatile than patent fee collections.
The USPTO estimates trademark fee collections at $583 million in FY 2025, excluding $10 million in other income, based on the
economic outlook and the agency’s expectation that trademark application filings will grow. The proposed fee adjustments, assumed
USPTO - 126
Appendix IV
to take effect on November 23, 2024, account for $102 million of this total. The new fee schedule will help to ensure aggregate
trademark revenue recovers aggregate trademark costs after the USPTO updated projections to account for lower demand (which
decreased fee collections) and higher-than-expected inflation (which increased operating costs). Absent these proposed fee
adjustments, the agency expects FY 2025 fee collections to increase by only $20 million, or 4.3%, compared to FY 2024, based on
increased demand for USPTO services. The fee adjustments bring the total year-over-year increase to $122 million, or 26.6%. These
projections are based on assumptions that the trademark filing growth rate will be 4.6%. As with patents, variance in trademark filing
growth rates immediately impacts current-year fee collections but can also impact future years as the USPTO processes work and
registered trademarks become due for renewal.
Fee Rate Assumptions and Continued Assessment of Estimates
The estimates include assumptions about payment behavior based on the current and proposed patent and trademark fee
schedules. The current patent fee schedule took effect on December 29, 2022, and the current trademark fee schedule took effect on
December 18, 2021. The agency assumes the proposed patent fee schedule will take effect on January 8, 2025. The agency
assumes the proposed trademark fee schedule will take effect on November 23, 2024. The aggregate operating costs in this Budget
inform the agency’s proposed fee adjustments.
The USPTO continues to conduct biennial fee reviews to ensure both the patent and trademark fee structures allow the agency to
make continuous strategic improvements to address stakeholder needs and maintain a sustainable funding model to avoid
disruptions caused by fluctuations in available financial resources. The USPTO is committed to improving fee schedule design
continuously to provide the agency sufficient financial resources to administer the U.S. IP system effectively. Should anticipated
operating costs change, the agency will consider impacts to the financial outlook in future fee reviews. The USPTO takes its
responsibility to stakeholders seriously and looks forward to maintaining a rigorous and open review process.
The USPTO monitors the economic environment carefully, especially the current uncertain environment, by following economic
indicators and trends in international IP offices, communicating with domestic filers of patent and trademark applications, and
conferring with the PPAC and TPAC. The USPTO continually analyzes workloads and fee collections to assess current- and future-
year estimates as well as to identify trends and behaviors.
USPTO - 127
Appendix V
Appendix V: USPTO Fee Estimate Changes from FY 2024 PB to FY 2025 PB
In comparison to the FY 2024 PB, updated assumptions and business unit production models have led to lower projected fee
collections in the FY 2025 PB. At the same time, however, the FY 2025 PB includes both patent and trademark fee adjustment
proposals, which would increase fee collections. In net, the annual fee collections projections have decreased for both the Patent and
Trademark business lines in FY 2024, but have increased in FY 2025 and beyond, when the proposed fee adjustments are expected
to be in effect.
Fiscal Year
2024
2025
2026
2027
2028
2029
Patents
$3,658,580,726
$3,971,883,181
$4,238,481,813
$4,338,162,124
$4,305,186,466
$4,313,833,161
Trademarks
$460,725,005
$583,056,715
$640,318,884
$665,555,892
$694,005,176
$721,257,985
Grand Total
$4,119,305,730
$4,554,939,896
$4,878,800,696
$5,003,718,016
$4,999,191,642
$5,035,091,146
The following tables compare the projected fee collections, in millions, from the FY 2025 PB to the projected fee collections from the
FY 2024 PB. The FY 2024 PB only included projections through FY 2028, therefore FY 2029 is not included in the comparison. The
tables show the negative impact on fee collections due to revised assumptions and business unit production models, the impact of
fee proposals, and the net difference from the FY 2024 PB to the FY 2025 PB.
Total USPTO Collections
2024
2025
2026
2027
2028
FY 2024 PB
$4,196
$4,266
$4,413
$4,543
$4,567
Revised Assumptions and BU (Patent,
Trademark, PTAB) Production Models
($76)
($114)
($113)
($118)
($151)
Impact of Fee Proposals
$0
$403
$579
$578
$583
FY 2025 PB
$4,119
$4,555
$4,879
$5,004
$4,999
Difference
($76)
$289
$466
$460
$433
USPTO - 128
Appendix V
Patents
2024
2025
2026
2027
2028
FY 2024 PB
$3,696
$3,738
$3,853
$3,948
$3,937
Revised Assumptions and BU (Patent,
PTAB) Production Models
($38)
($67)
($49)
($47)
($69)
Impact of Fee Proposals
$0
$301
$434
$437
$437
FY 2025 PB
$3,659
$3,972
$4,238
$4,338
$4,305
Difference
($38)
$234
$386
$390
$369
Trademarks
2024
2025
2026
2027
2028
FY 2024 PB
$500
$528
$561
$596
$630
Revised Assumptions and Trademark
Production Model
($39)
($47)
($64)
($71)
($82)
Impact of Fee Proposals
$0
$102
$144
$141
$146
FY 2025 PB
$461
$583
$640
$666
$694
Difference
($39)
$55
$80
$70
$64
The table below shows, by category, the actual fee collections from FY 2023, along with FY 2024 and FY 2025 projected fee
collections from the FY 2024 PB and the FY 2025 PB, and the difference between those projections. A few major estimation
assumptions are also included in the table. Following the table, there is a category-by-category discussion of the major highlights of
the FY 2025 PB and the changes since the FY 2024 PB.
USPTO - 129
Appendix V
(Dollars in Millions)
FY 2023
FY 2024
FY 2025
Actuals
FY 2024 PB
Working
Estimate
FY 2025 PB
Working
Estimate
Increase/
(Decrease)
FY 2024 PB
Working
Estimate
FY 2025 PB
Working
Estimate
Increase/
(Decrease)
Patents
Filing (with Excess Claims)
$863.9
$894.8
$876.7
($18.2)
$910.5
$1,047.1
$136.7
Post Allowance Fees
$343.9
$338.3
$341.0
$2.7
$345.7
$361.1
$15.4
Maintenance
$1,919.0
$1,988.8
$1,977.6
($11.2)
$1,995.3
$2,014.1
$18.8
PCT
$222.5
$235.8
$227.1
($8.7)
$244.1
$251.5
$7.5
Extensions of Time
$96.8
$96.0
$99.5
$3.5
$98.6
$107.8
$9.2
Other Patent Fees
$135.1
$142.4
$136.7
($5.7)
$143.6
$190.2
$46.6
Total Patent Fee Collections
$3,581.2
$3,696.1
$3,658.6
($37.5)
$3,737.7
$3,971.9
$234.2
Trademarks
Application Filings
$245.0
$274.9
$236.1
($38.8)
$296.4
$310.9
$14.6
Maintaining Exclusive Rights
$124.1
$123.3
$131.1
$7.8
$126.5
$164.2
$37.8
Other Trademark Fees
$87.4
$101.6
$93.5
($8.1)
$105.2
$107.9
$2.8
Total Trademark Fee
Collections
$456.4
$499.7
$460.7
($39.0)
$528.0
$583.1
$55.1
USPTO Fee Collections
$4,037.6
$4,195.8
$4,119.3
($76.5)
$4,265.7
$4,554.9
$289.2
Estimation Assumptions
USPTO - 130
Appendix V
(Dollars in Millions)
FY 2023
FY 2024
FY 2025
Actuals
FY 2024 PB
Working
Estimate
FY 2025 PB
Working
Estimate
Increase/
(Decrease)
FY 2024 PB
Working
Estimate
FY 2025 PB
Working
Estimate
Increase/
(Decrease)
Patent Filings:
Serialized
filings
growth rate
1.2%
(463,259
filings)
RCE filings
growth rate
-2.9%
(131,115
filings)
Serialized
filings growth
rate 2.0%
(475,968
filings)
RCE filings
growth rate
1.8% (126,350
filings)
Serialized
filings growth
rate 1.5%
(469,920
filings)
RCE filings
growth rate -
3.2% (126,895
filings)
6,048 fewer
serialized filings
545 more
RCEs
Serialized
filings growth
rate 2.0%
(485,488
filings)
RCE filings
growth rate
2.1% (129,456
filings)
Serialized
filings growth
rate 1.5%
(476,969 filings)
RCE filings
growth rate
4.4% (132,448
RCEs)
8,519 fewer
serialized filings
2,992 more
RCEs
Issue and Publication:
310,405
patents
printed
308,909
patents
printed
314,143
patents printed
5,234 more
patents printed
314,672
patents printed
312,412
patents printed
2,260 fewer
patents printed
Trademark Filings
Filings
growth rate
-6.4%
(737,018
filings)
Filings growth
rate 5.3%
(867,000
filings)
Filings growth
rate 0.4%
(740,000
filings)
127,000 fewer
filings
Filings growth
rate 8.0%
(936,000
filings)
Filings growth
rate 4.6%
(774,000 filings)
162,000 fewer
filings
Proposed Fee Changes:
The FY 2025 PB includes proposed fee adjustments for both patents and trademarks.
The patent fee collection estimates are based on proposed fee adjustments that are assumed to take effect January 8, 2025.
Preliminary proposals were shared at a Patent Public Advisory Committee (PPAC) hearing on May 18, 2023. On August 14,
2023, PPAC issued a report with the comments, advice, and recommendations of the committee. The USPTO plans to issue
a Notice of Proposed Rulemaking that considers updates to the proposals based on the PPAC report.
The trademark fee collection estimates are based on proposed fee adjustments that are assumed to take effect November
23, 2024. Preliminary proposals were shared at a Trademark Public Advisory Committee (TPAC) hearing on June 5, 2023.
USPTO - 131
Appendix V
On August 14, 2023, TPAC issued a report with the comments, advice, and recommendations of the committee. The USPTO
plans to issue a Notice of Proposed Rulemaking that considers updates to the proposals based on the TPAC report.
Patent Application Filings:
FY 2024 serialized (non-RCE) UPR filings are estimated at 469,920, increasing 1.5% from 463,259 filings in FY 2023. This
follows a 1.2% increase from FY 2022 to FY 2023. This reflects continued strong demand for IP rights.
Serialized filings are estimated to be 476,969 (1.5% growth) in FY 2025, and continue to grow by 1.0% in FY 2026 and
beyond. These estimates are slightly lower than what was included in the FY 2024 PB. This is in part due to an anticipated
decrease in continuation applications, which account for nearly a quarter of new applications.
RCE filings are estimated to decrease 3.2% in FY 2024, following a 2.9% decline from FY 2022 to FY 2023. These decreases
are due to continued efforts to examine patents efficiently and reduce the need for continued examination. In FY 2025, RCE
filings are estimated to increase by 4.4%, and continue to grow in the following years, as the number of patent applications
filed and examined continues to increase. These estimates have been updated from the FY 2024 PB to account for updated
patent production estimates.
Patent Post-Allowance:
This fee category contains fees paid to issue a patent after the application has been allowed. Therefore, collections in this
category are driven directly by the number of patents printed in each fiscal year.
The allowance rate is assumed to be 60.5% in FY 2024 and 60.1% FY 2025, and between 59.9% and 60.5% from FY 2026
through FY 2029. This is below the 63.0% rate that occurred in FY 2023.
Total patents printed were 310,405 in FY 2023, and are forecasted to increase 1.2% to 314,143 in FY 2024. The estimate
then decreases by 0.6% in FY 2025, to 312,412. However, total patents printed are expected to increase in FY 2026 and
beyond.
Patent Maintenance:
This fee category contains fees paid to keep in force a utility or reissue patent, due at 3 ½, 7 ½, and 11 ½ years after the
patent has been issued. Patent holders can pay their maintenance fees up to six months prior to the due date; they can also
pay with a late payment surcharge during a six-month grace period following the due date. Collections of maintenance fees
vary from year to year based both on the number of patents issued in the past (i.e., the number available to be renewed) and
the rate at which patentees decide to renew their patents.
Projected maintenance renewal rates have changed slightly since the FY 2024 PB, based on recent trends. Renewal rates
fell in FY 2020, likely due to economic uncertainty surrounding the pandemic, but recovered stronger than expected over the
course of FY 2021 and FY 2022. Renewal rates stabilized in FY 2023, and are expected to resume long-term trends.
Renewal rate expectations have been updated based on recent data, but are similar to the FY 2024 PB, with projected fee
collections for FY 2024 and FY 2025 within 1% of previous estimates.
USPTO - 132
Appendix V
Patent Cooperation Treaty:
This fee category contains fees collected from patent applications filed through the PCT process. The specific fees included
here are similar to those for the patent application filings category, but through a different filing process.
FY 2023 PCT fee collections were about $7.9 million (3.4%) lower than projected in the FY 2024 PB. Accordingly, the
updated estimates in the FY 2025 PB are lower than those in the FY 2024 PB, until proposed fee adjustments take effect and
increase collections.
Patent Extensions of Time:
This fee category contains fees paid to extend the period of time an applicant has to reply to an action by the agency. The
amount of the fee is dependent upon the length of the extension.
Extensions of time have been on the decline, but the rate of decline has slowed recently. The FY 2025 PB assumes similar,
but slightly higher, rates of requests for extensions of time compared to the FY 2024 PB. In total, collections in this category
are forecasted to be 3.7% ($3.5 million) higher in FY 2024 compared to the FY 2024 PB, and 9.3% ($9.2 million) higher in FY
2025, with proposed fee adjustments in place for part of the year.
Trademark Application Filings:
Trademark application filings declined by 16.5% in FY 2022 and 6.4% in FY 2023, returning to more typical levels following a
growth of 27.9% in FY 2021. Filings are projected to level out in FY 2024, increasing by 0.4%, and then return to their long-
term growth patterns beginning in FY 2025, when growth of 4.6% is expected.
The FY 2024 PB assumed that trademark filings would resume growth in FY 2023, following the correction in FY 2022. Due to
the continued correction in FY 2023, trademark filing estimates have been revised downward to reflect stabilization and
growth from the actual FY 2023 filing levels. The updated production model estimates 740,000 filings in FY 2024 (down from
867,000) and 774,000 in FY 2025 (down from 936,000).
Trademark Maintaining Exclusive Rights:
In order to maintain trademark rights, fees must be paid six years after issue, ten years after issue, and then every ten years
after that. Collections of maintaining exclusive rights fees vary from year to year based both on the number of trademarks
issued in the past (i.e., the number available to be renewed) and the rate at which trademark owners decide to renew their
trademarks.
Fee collections for maintaining exclusive rights are projected to continue to grow, due to an increase in the number of live
registrations. Compared to the FY 2024 PB, fee collections in this category are projected to be $7.8 million higher in FY 2024
and $37.8 million higher in FY 2025. The larger difference in FY 2025 reflects the assumption that the fee proposals, which
were not included in the FY 2024 PB, will take effect in FY 2025.
USPTO - 133
Appendix VI
Appendix VI: USPTO Estimates and Actual Fees and Assumptions
(Dollars in Millions)
FY 2022
FY 2023
Date of Projection
Actual
September 2022
President's Budget March
2022
Revised Working Estimate
March 2023
Actual
September 2023
Total USPTO Fee Collections
$4,089
$4,253
$4,183
$4,038
Total Patent Fee Collections
$3,630
$3,711
$3,630
$3,581
Total Trademark Fee Collections
$459
$542
$476
$456
Major Patent Fee Collections:
Filing (with Excess Claims)
$895
$942
$887
$864
Post Allowance Fees
$360
$354
$343
$344
Maintenance
$1,899
$1,918
$1,930
$1,919
PCT
$230
$244
$230.4
$222.5
Extensions of Time
$104
$100
$97
$97
Other
$142
$152
$143
$135
Major Trademark Fee Collections:
Application Filing
$255
$314
$259
$245
Maintaining Exclusive Rights
$116
$117
$121
$124
Other
$89
$112
$95
$87
USPTO - 134
Appendix VI
Assumptions Used to Develop Fee Collection Estimates
Filing Growth Rates:
Patent serialized filings
growth rate 1.6% (457,486
filings)
Patent RCE filings growth
rate -7.0% (135,076 filings)
Trademark filings growth rate
-16.5% (787,728 filings)
Patent serialized filings
growth rate 2.0% (466,495
filings)
Patent RCE filings growth
rate -1.3% (140,698 RCEs)
Trademark filings growth rate
13.6% (991,000 filings)
Patent serialized filings
growth rate 2.0% (466,636
filings)
Patent RCE filings growth
rate -7.4% (125,105 filings)
Trademark filings growth rate
4.5% (823,000 filings)
Patent serialized filings
growth rate 1.2% (463,259
filings)
Patent RCE filings growth
rate -2.9% (131,115 filings)
Trademark filings growth rate
-6.4% (737,018 filings)
Patent Issue:
320,028 patents printed
315,903 patents printed
311,731 patents printed
310,405 patents printed
Patents Fee Adjustments:
N/A
N/A
Based on the patent fee
schedule that took effect on
December 29, 2022 when
the President signed into law
the Consolidated
Appropriations Act, 2023,
which included the
Unleashing American
Innovators Act of 2022. The
law increased small entity
discounts from 50 percent to
60 percent and micro entity
discounts from 75 percent to
80 percent.
Based on the patent fee
schedule that took effect on
December 29, 2022 when
the President signed into law
the Consolidated
Appropriations Act, 2023,
which included the
Unleashing American
Innovators Act of 2022. The
law increased small entity
discounts from 50 percent to
60 percent and micro entity
discounts from 75 percent to
80 percent.
Trademarks Fee Adjustments:
Changes to implement
provisions of the Trademark
Modernization Act of 2020,
including some fee
adjustments, published
November 2021 with
effective date of December
18, 2021.
N/A
N/A
N/A
USPTO - 135
Appendix VI
(Dollars in Millions)
FY 2023
FY 2024
FY 2025
Date of Projection
Actual
September 2023
Revised Working Estimate
February 2024
President's Budget
Working Estimate
February 2024
Total USPTO Fee Collections
$4,038
$4,119
$4,555
Total Patent Fee Collections
$3,581
$3,659
$3,972
Total Trademark Fee Collections
Major Patent Fee Collections:
$456
$461
$583
Filing (with Excess Claims)
$864
$877
$1,047
Post Allowance
$344
$341
$361
Maintenance
$1,919
$1,978
$2,014
PCT
$223
$227
$252
Extensions of Time
$97
$100
$108
Other
Major Trademark Fee Collections:
$135
$137
$190
Application Filings
$245
$236
$311
Maintaining Exclusive Rights
$124
$131
$164
Other
$87
$94
$108
USPTO - 136
Appendix VI
Assumptions Used to Develop Fee Collection Estimates
Filing Growth Rates:
Patent serialized filings growth
rate 1.2% (463,259 filings)
Patent RCE filings growth rate -2.9%
(131,115 filings)
Trademark filings growth rate -6.4%
(737,018 filings)
Patent serialized filings growth rate
1.5% (469,920 filings)
Patent RCE filings growth rate -
3.2%(126,895 filings)
Trademark filings growth rate 0.4%
(740,000 filings)
Patent serialized filings growth rate
1.5% (476,969 filings)
Patent RCE filings growth rate 4.4%
(132,448 RCEs)
Trademark filings growth rate 4.6%
(774,000 filings)
Patent Issue:
310,405 patents printed
314,143 patents printed
312,412 patents printed
Patent Fee Adjustments:
Based on the patent fee schedule that
took effect on December 29, 2022
when the President signed into law the
Consolidated Appropriations Act, 2023,
which included the Unleashing
American Innovators Act of 2022. The
law increased small entity discounts
from 50 percent to 60 percent and
micro entity discounts from 75 percent
to 80 percent.
N/A
Based on proposed patent fee
adjustments, with assumed effective
date of January 8, 2025.
Trademark Fee Adjustments:
N/A
N/A
Based on proposed trademark fee
adjustments, with assumed effective
date of November 23, 2024.
USPTO - 137
Appendix VII
Appendix VII: FY 2023 Fee Report
Fee
Code
Fee Title Fee Rate
President's Budget
Planned Fee Collections
Actual Fee
Collections
Patents Fee Summary:
Patent Application Filing Fees $942,493,528 $863,924,045
Patent Post Allowance Fees $353,800,918 $343,927,605
Patent Maintenance Fees $1,918,486,528 $1,918,950,255
Patent Extension of Time Fees $100,488,070 $96,756,574
Patent Trial and Appeals Fees $76,477,137 $58,755,499
Post Issuance Fees $14,273,120 $17,625,885
Patent Cooperation Treaty (PCT) Fees $243,701,431 $222,517,847
Hague International Design Application Fees $2,339,395 $3,581,034
Patent Petition Fees $18,142,675 $15,473,397
Patent Service Fees $2,326,758 $2,251,270
Miscellaneous Patent Fees $37,626,162 $36,245,731
Patent Enrollment Fees $1,123,390 $1,138,817
Finance Service Fees $46,528 $46,570
Total Patents Fees $3,711,325,640 $3,581,194,529
Trademarks Fee Summary:
Application Filings $313,906,649 $244,994,175
Maintaining Exclusive Rights $116,663,130 $124,070,075
Intent to Use/Use Fees $66,918,946 $50,468,675
Madrid Protocol Fees $7,159,244 $7,464,050
Trademark Trial and Appeal Board $12,725,783 $12,203,275
Other Trademark Fees $13,139,975 $12,305,866
Trademark Processing Fees $11,558,406 $4,906,525
Finance Service Fees $6,058 $5,935
Total Trademarks Fees $542,078,192 $456,418,577
Total United States Patent and Trademark Office $4,253,403,831 $4,037,613,106
USPTO - 138
Patents
Patent Filing Fees (Large Entity):
Appendix VII
Fee
Code Fee Title Fee Rate
President's Budget
Planned Fee Collections
Actual Fee
Collections
1005 Provis
ional application filing fee $300 $18,472,500 $18,318,964
1011 Basic filing fee - Utility (electronic filing) $320 $77,170,880 $78,985,661
1012 Basic filing fee - Design $220 $4,904,680 $3,647,620
1013 Basic filing fee - Plant $220 $117,920 $96,400
1014 Basic filing fee - Reissue $320 $165,760 $136,320
1017 Basic filing fee - Design (CPA) $220 $227,920 $119,020
1019 Basic filing fee - Reissue (CPA) $320 -$9,600 $1,920
1051 Surcharge - Late filing fee, search fee, examination fee or oath or declaration, or
application filed without at least one claim or by reference
$160 $12,358,080 $11,515,180
1052 Surcharge - Late provisional filing fee or cover sheet $60 $83,580 $72,240
1053 Non-English translation $140 $257,740 $218,960
1054 Non-DOCX Filing Surcharge Fee
$10,915,866 $0
1081 Utility Application Size Fee - for each additional 50 sheets that exceeds 100 sheets $420 $8,197,140 $7,913,140
1082 Design Application Size Fee - for each additional 50 sheets that exceeds 100 sheets $420 $79,380 $62,160
1084 Reissue Application Size Fee - for each additional 50 sheets that exceeds 100 sheets $420 $18,900 $11,340
1085 Provisional Application Size Fee - for each additional 50 sheets that exceeds 100 sheets $420 $3,958,080 $3,919,440
1091 Submission of sequence listings of 300MB to 800MB $1,060 $9,540 $32,920
1092 Submission of sequence listings of more than 800MB $10,500 $10,500 $21,000
1111 Utility Search Fee $700 $167,801,200 $171,435,180
1112 Design Search Fee $160 $3,678,880 $2,715,520
1113 Plant Search Fee $440 $235,840 $192,780
1114 Reissue Search Fee $700 $358,400 $299,600
1201 Independent claims in excess of three $480 $21,641,760 $17,528,460
1202 Claims in excess of 20 $100 $32,629,300 $26,618,600
1203 Multiple dependent claim $860 $676,820 $541,840
1204 Reissue independent claims in excess of three $480 $265,920 $184,800
1205 Reissue claims in excess of 20 $100 $453,100 $314,900
1311 Utility Examination Fee $800 $192,393,600 $196,700,684
1312 Design Examination Fee $640 $14,730,240 $10,884,520
1313 Plant Examination Fee $660 $353,760 $289,160
1314 Reissue Examination Fee $2,320 $1,194,800 $995,280
USPTO - 139
Appendix VII
Fee
President's Budget
Actual Fee
Code
Fee Title
Fee Rate
Planned Fee Collections
Collections
1801
Request for continued examination (RCE) - 1st request (see 37 CFR 1.114)
$1,360
$103,691,840
$101,926,740
1817
Request for prioritized examination
$4,200
$27,262,200
$21,487,200
1820
Request for continued examination (RCE) - 2nd and subsequent request (see 37 CFR
1.114)
$2,000
$65,136,000
$53,332,200
Total Patent Filing Fees (Large Entity)
$769,442,526
$730,519,749
Patents
Patent Filing Fees (Small Entity):
2005
Provisional application filing fee
$120
$10,611,000
$7,957,921
2011
Basic filing fee - Utility (paper filing)
$128
$48,320
$30,134
2012
Basic filing fee - Design
$88
$2,533,630
$1,729,485
2013
Basic filing fee - Plant
$88
$50,600
$39,050
2014
Basic filing fee - Reissue
$128
$31,840
$24,736
2017
Basic filing fee - Design (CPA)
$88
$77,440
$33,176
2019
Basic filing fee - Reissue (CPA)
$128
$5,280
$192
2051
Surcharge - Late filing fee, search fee, examination fee or oath or declaration, or
application filed without at least one claim or by reference
$64
$2,716,080
$2,075,808
2052
Surcharge - Late provisional filing fee or cover sheet
$24
$75,720
$46,074
2053
Non-English translation
$56
$60,620
$43,806
2054
Non-DOCX Filing Surcharge Fee
$2,012,287
$0
2081
Utility Application Size Fee - for each additional 50 sheets that exceeds 100 sheets
$168
$2,208,570
$1,918,032
2082
Design Application Size Fee - for each additional 50 sheets that exceeds 100 sheets
$168
$24,570
$12,894
2084
Reissue Application Size Fee - for each additional 50 sheets that exceeds 100 sheets
$168
$1,890
$3,360
2085
Provisional Application Size Fee - for each additional 50 sheets that exceeds 100 sheets
$168
$1,998,990
$1,621,074
2091
Submission of sequence listings of 300MB to 800MB
$424
$0
$21,942
2092
Submission of sequence listings of more than 800MB
$4,200
$0
$19,950
2111
Utility Search Fee
$280
$30,176,650
$24,075,240
2112
Design Search Fee
$64
$1,873,680
$1,272,224
2113
Plant Search Fee
$176
$100,980
$78,276
2114
Reissue Search Fee
$280
$70,000
$52,500
USPTO - 140
Appendix VII
Fee
President's Budget
Actual Fee
Code
Fee Title
Fee Rate
Planned Fee Collections
Collections
2201
Independent claims in excess of three
$192
$3,774,240
$2,788,664
2202
Claims in excess of 20
$40
$8,220,150
$6,122,920
2203
Multiple dependent claim
$344
$227,470
$175,480
2204
Reissue independent claims in excess of three
$192
$49,200
$22,368
2205
Reissue claims in excess of 20
$40
$74,750
$53,410
2311
Utility Examination Fee
$320
$34,579,200
$27,589,440
2312
Design Examination Fee
$256
$7,496,000
$5,094,188
2313
Plant Examination Fee
$264
$151,800
$117,414
2314
Reissue Examination Fee
$928
$232,000
$174,928
2801
Request for continued examination (RCE) - 1st request (see 37 CFR 1.114)
$544
$14,311,280
$12,577,144
2817
Request for prioritized examination
$1,680
$15,716,400
$13,214,040
2820
Request for continued examination (RCE) - 2nd and subsequent request (see 37 CFR
1.114)
$800
$9,453,000
$7,225,600
4011
Basic filing fee - Utility (electronic filing)
$64
$6,951,840
$5,562,645
Total Patent Filing Fees (Small Entity)
$155,915,477
$121,774,115
Patents
Patent Filing Fees (Micro Entity):
3005
Provisional application filing fee
$60
$2,076,300
$1,313,520
3011
Basic filing fee - Utility (electronic filing)
$64
$1,249,280
$919,261
3012
Basic filing fee - Design
$44
$1,084,545
$648,131
3013
Basic filing fee - Plant
$44
$220
$297
3014
Basic filing fee - Reissue
$64
$960
$640
3017
Basic filing fee - Design (CPA)
$44
$7,315
$2,013
3051
Surcharge - Late filing fee, search fee, examination fee or oath or declaration, or
application filed without at least one claim or by reference
$32
$161,600
$102,744
3052
Surcharge - Late provisional filing fee or cover sheet
$12
$48,660
$20,934
3053
Non-English translation
$28
$1,645
$840
3054
Non-DOCX Filing Surcharge Fee
$176,680
$0
3081
Utility Application Size Fee - for each additional 50 sheets that exceeds 100 sheets
$84
$22,050
$8,421
3082
Design Application Size Fee - for each additional 50 sheets that exceeds 100 sheets
$84
$840
-$189
USPTO - 141
Appendix VII
Fee
President's Budget
Actual Fee
Code
Fee Title
Fee Rate
Planned Fee Collections
Collections
3084
Reissue Application Size Fee - for each additional 50 sheets that exceeds 100 sheets
$84
$0
$0
3085
Provisional Application Size Fee - for each additional 50 sheets that exceeds 100 sheets
$84
$25,305
$7,812
3091
Submission of sequence listings of 300MB to 800MB
$212
$0
$1,166
3092
Submission of sequence listings of more than 800MB
$2,100
$0
-$2,625
3111
Utility Search Fee
$140
$2,693,775
$1,966,770
3112
Design Search Fee
$32
$788,200
$469,456
3113
Plant Search Fee
$88
$440
$682
3114
Reissue Search Fee
$140
$2,100
$1,575
3201
Independent claims in excess of three
$96
$181,200
$155,160
3202
Claims in excess of 20
$20
$211,200
$155,840
3203
Multiple dependent claim
$172
$17,415
$21,285
3204
Reissue independent claims in excess of three
$96
$960
$624
3205
Reissue claims in excess of 20
$20
$2,875
$420
3311
Utility Examination Fee
$160
$3,082,800
$2,253,150
3312
Design Examination Fee
$128
$3,154,720
$1,877,856
3313
Plant Examination Fee
$132
$660
$1,023
3314
Reissue Examination Fee
$464
$6,960
$5,220
3801
Request for continued examination (RCE) - 1st request (see 37 CFR 1.114)
$272
$749,020
$601,475
3817
Request for prioritized examination
$840
$1,077,300
$847,980
3820
Request for continued examination (RCE) - 2nd and subsequent request (see 37 CFR
1.114)
$400
$310,500
$248,700
Total Patent Filing Fees (Micro Entity)
$17,135,525
$11,630,181
Patents
Patent Post Allowance Fees (Large Entity):
1501
Utility Issue
$1,200
$290,752,651
$289,024,520
1502
Design Issue
$740
$13,373,056
$10,602,480
1503
Plant Issue
$840
$572,679
$308,320
1505
Publication fee for republication
$320
$25,980
$32,640
1506
Suspense Account for Partial Issue Payments
var
$5,000
$1,458
1508
Issue Fee - owed over current fee
var
$0
$17,499
USPTO - 142
Appendix VII
Fee
President's Budget
Actual Fee
Code
Fee Title
Fee Rate
Planned Fee Collections
Collections
1509
Hague Design Issue Fee
$740
$0
$127,280
1511
Reissue Issue
$1,200
$478,932
$429,600
Total Patent Post Allowance Fees (Large Entity)
$305,208,299
$300,543,797
Patents
Patent Post Allowance Fees (Small Entity):
2501
Utility Issue
$480
$39,634,299
$35,884,016
2502
Design Issue
$296
$5,179,160
$3,928,126
2503
Plant Issue
$336
$250,978
$130,620
2505
Publication fee for republication
$320
$640
$640
2509
Hague Design Issue Fee
$296
$0
$23,680
2511
Reissue Issue
$480
$65,112
$40,200
Total Patent Post Allowance Fees (Small Entity)
$45,130,190
$40,007,282
Patents
Patent Post Allowance Fees (Micro Entity):
3501
Utility Issue
$240
$2,383,197
$1,945,450
3502
Design Issue
$148
$1,076,412
$1,426,944
3503
Plant Issue
$168
$873
$1,092
3509
Hague Design Issue Fee
$148
$0
$1,480
3511
Reissue Issue
$240
$1,947
$1,560
Total Patent Post Allowance Fees (Micro Entity)
$3,462,429
$3,376,526
Patents
Patent Maintenance Fees (Large Entity):
1551
Due at 3.5 years
$2,000
$484,585,123
$495,300,000
1552
Due at 7.5 years
$3,760
$613,869,854
$625,336,880
1553
Due at 11.5 years
$7,700
$635,100,423
$640,193,400
1554
Surcharge - 3.5 year - Late payment within 6 months
$500
$1,863,973
$1,315,000
1555
Surcharge - 7.5 year - Late payment within 6 months
$500
$1,952,100
$1,067,500
USPTO - 143
Appendix VII
Fee
Code
1556 Surcharge - 11.5 year - Late payment within 6 months $500 $693,163 $677,500
1558 Petition for the delayed payment of the fee for maintaining a patent in force $2,100 $1,219,414 $1,150,800
1559 Patent Unassigned Maintenance Fees var $1,700,000 $1,784,231
Total Patent Maintenance Fees (Large Entity) $1,740,984,050 $1,766,825,311
Fee Title
Fee Rate
President's Budget
Planned Fee Collections
Actual Fee
Collections
Patents
Patent Maintenance Fees (Small Entity):
2551 Due at 3.5 years $800 $56,673,118 $47,794,400
2552 Due at 7.5 years $1,504 $59,270,701 $50,310,520
2553 Due at 11.5 years $3,080 $49,557,115 $43,603,410
2554 Surcharge - 3.5 year - Late payment within 6 months $200 $1,637,101 $1,356,250
2555 Surcharge - 7.5 year - Late payment within 6 months $200 $1,048,884 $834,550
2556 Surcharge - 11.5 year - Late payment within 6 months $200 $360,550 $389,950
2558 Petition for the delayed payment of the fee for maintaining a patent in force $840 $1,494,635 $1,450,950
Total Patent Maintenance Fees (Small Entity) $170,042,104 $145,740,030
Patents
Patent Maintenance Fees (Micro Entity):
3551 Due at 3.5 years $400 $3,244,111 $2,528,100
3552 Due at 7.5 years $752 $2,266,742 $2,171,964
3553 Due at 11.5 years $1,540 $1,493,903 $1,212,750
3554 Surcharge - 3.5 year - Late payment within 6 months $100 $176,729 $152,775
3555 Surcharge - 7.5 year - Late payment within 6 months $100 $71,985 $78,900
3556 Surcharge - 11.5 year - Late payment within 6 months $100 $22,988 $26,275
3558 Petition for the delayed payment of the fee for maintaining a patent in force $420 $183,914 $214,150
Total Patent Maintenance Fees (Micro Entity) $7,460,374 $6,384,914
Patents
Patent Extension of Time Fees (Large Entity):
USPTO - 144
Appendix VII
Fee
Code
Fee Title
Fee Rate
President's Budget
Planned Fee Collections
Actual Fee
Collections
1251
Extension for response within first month
$220
$13,533,300
$13,461,280
1252
Extension for response within second month
$640
$14,601,600
$14,784,163
1253
Extension for response within third month
$1,480
$27,948,320
$29,120,969
1254
Extension for response within fourth month
$2,320
$4,055,360
$3,879,504
1255
Extension for response within fifth month
$3,160
$7,798,880
$6,684,583
Total Patent Extension of Time Fees (Large Entity)
$67,937,460
$67,930,499
Patents
Patent Extension of Time Fees (Small Entity):
2251
Extension for response within first month
$88
$3,043,150
$2,698,256
2252
Extension for response within second month
$256
$4,806,720
$4,207,243
2253
Extension for response within third month
$592
$16,164,560
$14,967,508
2254
Extension for response within fourth month
$928
$2,655,240
$2,253,641
2255
Extension for response within fifth month
$1,264
$4,123,800
$3,243,935
Total Patent Extension of Time Fees (Small Entity)
$30,793,470
$27,370,583
Patents
Patent Extension of Time Fees (Micro Entity):
3251
Extension for response within first month
$44
$192,500
$150,200
3252
Extension for response within second month
$128
$315,360
$246,319
3253
Extension for response within third month
$296
$920,930
$824,783
3254
Extension for response within fourth month
$464
$160,080
$120,929
3255
Extension for response within fifth month
$632
$168,270
$113,261
Total Patent Extension of Time Fees (Micro Entity)
$1,757,140
$1,455,492
Patents
Patent Trial and Appeal Fees (Large Entity):
1401
Notice of appeal
$840
$9,267,282
$7,219,960
1403
Request for oral hearing
$1,360
$519,905
$371,280
1404
Filing a brief in support of an appeal in an inter partes reexamination proceeding
$2,100
$15,436
$21,000
1405
Petitions to the Chief Administrative Patent Judge under 37 CFR 41.3
$420
$19,740
$49,980
USPTO - 145
Appendix VII
Fee
Code
1406 Inter partes review request fee - Up to 20 claims $19,000 $27,463,192 $22,933,000
1407 Inter partes review request of each claim in excess of 20 $375 $1,147,076 $1,002,000
1408 Post-grant or covered business method review request fee - Up to 20 claims $20,000 $1,691,377 $600,000
1409 Post-grant or covered business method review request of each claim in excess of 20 $475 $131,400 $80,275
1412 Petition for a derivation proceeding $420 $4,200 $2,520
1413 Forwarding an appeal in an application or ex parte reexamination proceeding to the
Board
$2,360 $10,687,626 $7,797,440
1414 Inter partes review post-institution fee - Up to 20 claims $22,500 $20,387,109 $14,637,000
1415 Inter partes post-institution request of each claim in excess of 20 $750 $655,590 $1,019,250
1416 Post-grant or covered business method review post-institution fee - Up to 20 claims $27,500 $995,275 $504,500
1417 Post-grant or covered business method review post-institution request of each claim in
excess of 20
$1,050 $13,777 $162,750
1418 Pro Hac Vice Admission Fee $250 $306,000 $189,250
Total Patent Trial and Appeal Fees (Large Entity) $73,304,985 $56,590,205
Fee Title Fee Rate
President's Budget
Planned Fee Collections
Actual Fee
Collections
Patents
Patent Trial and Appeals Fees (Small Entity):
2401 Notice of appeal $336 $1,520,699 $1,069,200
2403 Request for oral hearing $544 $94,400 $60,656
2404 Filing a brief in support of an appeal in an inter partes reexamination proceeding $840 $2,448 $1,050
2413 Forwarding an appeal in an application or ex parte reexamination proceeding to the
Board
$944 $1,401,328 $929,604
Total Patent Trial and Appeals Fees (Small Entity) $3,018,874 $2,060,510
Patents
Patent Trial and Appeals Fees (Micro Entity):
3401 Notice of appeal $168 $72,283 $46,788
3403 Request for oral hearing $272 $3,875 $3,944
3404 Filing a brief in support of an appeal in an inter partes reexamination proceeding $420 $136 $420
3413 Forwarding an appeal in an application or ex parte reexamination proceeding to the
Board
$472 $76,984 $53,632
Total Patent Trial and Appeals Fees (Micro Entity) $153,277 $104,784
USPTO - 146
Appendix VII
Fee
Code
Fee Title
Fee Rate
President's Budget
Planned Fee Collections
Actual Fee
Collections
Patents
Post Issuance Fees (Large Entity):
1811 Certificate of correction $160 $1,248,000 $1,070,080
1812 Ex Parte Reexamination (¿ 1.510(a)) Non-streamlined $12,600 $2,494,800 $2,047,200
1814 Statutory disclaimer, including terminal disclaimer $170 $6,538,710 $9,765,300
1816 Processing fee for correcting inventorship in a patent $160 $64,960 $47,860
1821 Reexamination independent claims in excess of three and also in excess of the number
of such claims in the patent under reexamination
$480 $16,320 $36,000
1822 Reexamination claims in excess of 20 and also in excess of the number of claims in the
patent under reexamination
$100 $64,100 $116,500
1825 Refused Reexamination Requests $3,780 $7,560 $15,120
1826 Request for supplemental examination $4,620 $110,880 $78,540
1827 Reexamination ordered as a result of supplemental examination $12,700 $190,500 $177,800
1828 Supplemental Examination Document Size Fee - for nonpatent document having
between 21 and 50 sheets
$180 $3,060 $2,340
1829 Supplemental Examination Document Size Fee - for each additional 50 sheets or a
fraction thereof in a nonpatent document
$300 $4,800 $1,500
1831 Ex Parte Reexamination (¿ 1.510(a)) Streamlined $6,300 $138,600 $138,600
Total Post Issuance Fees (Large Entity) $10,882,290 $13,496,840
Patents
Post Issuance Fees (Small Entity):
2811 Certificate of correction $160 $298,560 $315,520
2812 Ex Parte Reexamination (¿ 1.510(a)) Non-streamlined $5,040 $296,100 $189,000
2814 Statutory disclaimer, including terminal disclaimer $170 $2,276,640 $3,243,090
2816 Processing fee for correcting inventorship in a patent $160 $20,960 $26,080
2821 Reexamination independent claims in excess of three and also in excess of the number
of such claims in the patent under reexamination
$192 $5,760 $6,240
2822 Reexamination claims in excess of 20 and also in excess of the number of claims in the
patent under reexamination
$40 $21,150 $8,550
2826 Request for supplemental examination $1,848 $30,030 $21,252
2827 Reexamination ordered as a result of supplemental examination $5,080 $69,850 -$24,130
2828 Supplemental Exami
nation Document Size Fee - for nonpatent document having
between 21 and 50 sheets
$72 $720 $558
USPTO - 147
Appendix VII
Fee
Code
2829 Supplemental Examination Document Size Fee - for each additional 50 sheets or a
fraction thereof in a nonpatent document
$120 $12,600 $1,590
2831 Ex Parte Reexamination (¿ 1.510(a)) Streamlined $2,520 $226,800 $165,060
Total Post Issuance Fees (Small Entity) $3,259,170 $3,952,810
Patents
Post Issuance Fees (Micro Entity):
3811 Certificate of correction $160 $8,160 $12,800
3812 Ex Parte Reexamination (¿ 1.510(a)) Non-streamlined $2,520 $0 $0
3814 Statutory disclaimer, including terminal disclaimer $170 $116,960 $154,190
3816 Processing fee for correcting inventorship in a patent $160 $1,600 $2,080
3821 Reexamination independent claims in excess of three and also in excess of the number
of such claims in the patent under reexamination
$96 $2,640 $0
3822 Reexamination claims in excess of 20 and also in excess of the number of claims in the
patent under reexamination
$20 $2,300 $0
3826 Request for supplemental examination $924 $0 $1,155
3827 Reexamination ordered as a result of supplemental examination $2,540 $0 $3,175
3828 Supplemental Examination Document Size Fee - for nonpatent document having
between 21 and 50 sheets
$36 $0 $0
3829 Supplemental Examination Document Size Fee - for each additional 50 sheets or a
fraction thereof in a nonpatent document
$60 $0 $0
3831 Ex Parte Reexamination (¿ 1.510(a)) Streamlined $1,260 $0 $2,835
Total Post Issuance Fees (Micro Entity) $131,660 $176,235
Patents
PCT Fees
- National Stage (Large Entity):
1614 Independent claims in excess of three $480 $7,205,760 $5,961,760
1615 Claims in excess of 20 $100 $7,934,500 $8,386,600
1616 Multiple dependent claim $860 $483,320 $505,400
1617 Search fee, examination fee or oath or declaration after the date of commencement of
the national stage
$160 $4,462,324 $3,550,840
Fee Title
Fee Rate
President's Budget
Planned Fee Collections
Actual Fee
Collections
USPTO - 148
Appendix VII
Fee
President's Budget
Actual Fee
Code
Fee Title
Fee Rate
Planned Fee Collections
Collections
1618
English translation after thirty months from priority date
$140
$212,225
$242,620
1631
Basic National Stage Fee
$320
$26,867,496
$25,375,520
1632
National Stage Search Fee - all other situations
$700
$2,083,977
$648,240
1633
National Stage Examination Fee - all other situations
$800
$66,898,122
$63,205,080
1641
National Stage Search Fee - U.S. was the ISA
$140
$356,841
$387,520
1642
National Stage Search Fee - search report prepared and provided to USPTO
$540
$42,317,541
$40,710,440
1681
National Stage Application Size Fee - for each additional 50 sheets that exceeds 100
sheets
$420
$3,952,200
$3,851,360
Total PCT Fees - National Stage (Large Entity)
$162,774,305
$152,825,380
Patents
PCT Fees - National Stage (Small Entity):
2614
Independent claims in excess of three
$192
$1,486,080
$1,021,524
2615
Claims in excess of 20
$40
$2,999,050
$2,495,460
2616
Multiple dependent claim
$344
$176,730
$197,416
2617
Search fee, examination fee or oath or declaration after the date of commencement of
the national stage
$64
$1,048,108
$811,823
2618
English translation after thirty months from priority date
$56
$90,398
$66,906
2631
Basic National Stage Fee
$128
$4,740,641
$3,959,396
2632
National Stage Search Fee - all other situations
$280
$508,518
$306,210
2633
National Stage Examination Fee - all other situations
$320
$11,640,006
$9,714,855
2641
National Stage Search Fee - U.S. was the ISA
$56
$430,597
$388,262
2642
National Stage Search Fee - search report prepared and provided to USPTO
$216
$5,801,232
$4,845,961
2681
National Stage Application Size Fee - for each additional 50 sheets that exceeds 100
sheets
$168
$1,207,290
$1,034,914
Total PCT Fees - National Stage (Small Entity)
$30,128,651
$24,842,727
Patents
PCT Fees - National Stage (Micro Entity):
3614
Independent claims in excess of three
$96
$38,040
$20,664
3615
Claims in excess of 20
$20
$56,825
$39,780
3616
Multiple dependent claim
$172
$14,835
$8,547
3617
Search fee, examination fee or oath or declaration after the date of commencement of
the national stage
$32
$13,005
$8,294
USPTO - 149
Appendix VII
Fee
Code
3618 English translation after thirty months from priority date $28 $2,895 $2,289
3631 Basic National Stage Fee $64 $149,206 $104,304
3632 National Stage Search Fee - all other situations $140 $35,522 $19,175
3633 National Stage Examination Fee - all other situations $160 $360,667 $253,040
3641 National Stage Search Fee - U.S. was the ISA $28 $9,266 $6,188
3642 National Stage Search Fee - search report prepared and provided to USPTO $108 $183,889 $133,819
3681 National Stage Application Size Fee - for each additional 50 sheets that exceeds 100
sheets
$84 $8,190 $3,444
Total PCT Fees - National Stage (Micro Entity)
$872,339 $599,544
Patents
PCT Fees - International Stage (Large Entity):
1601 Transmittal fee $260 $9,739,126 $8,551,520
1602 Search fee - regardless of whether there is a corresponding application (see 35 U.S.C.
361(d) and PCT Rule 16)
$2,180 $17,253,103 $16,423,520
1604 Supplemental search fee when required, per additional invention $2,180 $672,247 $712,660
1605 Preliminary examination fee - U.S. was the ISA $640 $145,949 $120,960
1606 Preliminary examination fee - U.S. was not the ISA $800 $155,866 $60,000
1607 Supplemental examination fee per additional invention $640 $3,791 $8,960
1619 Late payment fee var $131,145 $98,455
1621 Transmitting application to Intl. Bureau to act as receiving office $260 $122,420 $62,360
1624 Suspense Account for PCT Payments $0 $120,413
1627 Late Furnishing Fee for Providing a Sequence Listing in Response to an Invitation Under
PCT Rule 13ter
$320 $77,760 $73,600
1628 Petition for the extension of the twelve-month (six-month for designs) period for filing a
subsequent application
$2,100 $0 $60,900
Total PCT Fees - International Stage (Large Entity)
$28,301,406 $26,293,348
Patents
PCT Fees - International Stage (Small Entity):
2601 Transmittal fee $104 $2,764,487 $2,128,242
2602 Search fee - regardless of whether there is a corresponding application (see 35 U.S.C.
361(d) and PCT Rule 16)
$872 $17,003,373 $14,313,912
2604 Supplemental search fee when required, per additional invention $872 $756,618 $696,292
2605 Preliminary examination fee - U.S. was the ISA $256 $165,622 $111,040
2606 Preliminary examination fee - U.S. was not the ISA $320 $25,902 $9,440
2607 Supplemental examination fee per additional invention $256 $6,548 $4,608
Fee Title
Fee Rate
President's Budget
Planned Fee Collections
Actual Fee
Collections
USPTO - 150
Appendix VII
Fee
Code
2619 Late payment fee var $2,035 $1,097
2621 Transmitting application to Intl. Bureau to act as receiving office $104 $40,413 $25,896
2627 Late Furnishing Fee for Providing a Sequence Listing in Response to an Invitation Under
PCT Rule 13ter
$128 $124,380 $82,592
2628 Petition for the extension of the twelve-month (six-month for designs) period for filing a
subsequent application
$840 $0 $48,720
Total PCT Fees - International Stage (Small Entity) $20,889,378 $17,421,839
Patents
PCT Fees - International Stage (Micro Entity):
3601 Transmittal fee $52 $74,915 $46,103
3602 Search fee - regardless of whether there is a corresponding application (see 35 U.S.C.
361(d) and PCT Rule 16)
$436 $611,113 $432,973
3604 Supplemental search fee when required, per additional invention $436 $35,689 $39,458
3605 Preliminary examination fee - U.S. was the ISA $128 $10,302 $7,072
3606 Preliminary examination fee - U.S. was not the ISA $160 $282 $720
3607 Supplemental examination fee per additional invention $128 $258 $0
3619 Late payment fee var $0 $725
3621 Transmitting application to Intl. Bureau to act as receiving office $52 $2,229 $1,807
3627 Late Furnishing Fee for Providing a Sequence Listing in Response to an Invitation Under
PCT Rule 13ter
$64 $565 $272
3628 Petition for the extension of the twelve-month (six-month for designs) period for filing a
subsequent application
$420 $0 $5,880
Total PCT Fees - International Stage (Micro Entity) $735,353 $535,010
Patents
Hague International Design Application Fees (Large Entity):
1781 Transmittal Fee $120 $7,920 $5,520
1791 International Design Application First Part U.S. Designation Fee $1,020 $1,508,580 $2,078,760
1792 (Part II Designation Fee) Issue Fee Paid Through the International Bureau in an
International Design Application
$740 $344,100 $490,040
9981 Exchange Rate Gains/Losses for Hague Transactions var $0 $184,351
9989 Suspense Account for Hague Transactions var $0 $0
Total Hague International Design Application Fees (Large Entity)
Fee Title
Fee Rate
President's Budget
Planned Fee Collections
Actual Fee
Collections
$1,860,600
$2,758,671
Patents
USPTO - 151
Appendix VII
Fee
Code
Fee Title
Fee Rate
President's Budget
Planned Fee Collections
Actual Fee
Collections
Hague International Design Application Fees (Small Entity):
2781 Transmittal Fee $48 $5,580 $3,732
2791 International Design Application First Part U.S. Designation Fee $408 $351,390 $602,718
2792 (Part II Designation Fee) Issue Fee Paid Through the International Bureau in an
International Design Application
$296 $76,590 $137,810
Total Hague International Design Application Fees (Small Entity)
$433,560
$
744,260
Patents
Hague International Design Application Fees (Micro Entity):
3781 Transmittal Fee $24 $450 $384
3791 International Design Application First Part U.S. Designation Fee $204 $34,425 $63,699
3792 (Part II Designation Fee) Issue Fee Paid Through the International Bureau in an
International Design Application
$148 $10,360 $14,020
Total Hague International Design Application Fees (Micro Entity)
$45,235 $78,103
Patents
Patent Petition Fees (Large Entity):
1453 Petition for revival of an abandoned application for a patent, for the delayed payment of
the fee for issuing each patent, or for the delayed response by the patent owner in any
reexamination proceeding
$2,100 $5,764,500 $4,433,000
1454 Petition for the delayed submission of a priority or benefit claim, or to restore the right of
priority or benefit
$2,100 $1,669,500 $2,100,000
1455 Filing an application for patent term adjustment $210 $66,570 $68,460
1456 Request for reinstatement of term reduced $420 $2,100 $1,680
1457 Extension of term of patent $1,180 $139,240 $152,220
1458 Initial application for interim extension (see 37 CFR 1.790) $440 $1,320 $6,160
1459 Subsequent application for interim extension (see 37 CFR 1.790) $230 $920 $1,610
1462 Petitions requiring the petition fee set forth in 37 CFR 1.17(f) (Group I) $420 $498,540 $534,260
1463 Petitions requiring the petition fee set forth in 37 CFR 1.17(g) (Group II) $220 $1,836,340 $1,801,360
1464 Petitions requiring the petition fee set forth in 37 CFR 1.17(h) (Group III) $140 $1,301,860 $1,289,120
1784 Petition to excuse applicant's failure to act within prescribed time limits in an
international design application
$2,100 $2,100 $0
1824 Petitions in a reexamination proceeding, except for those specifically enumerated in 37
CFR 1.550(i) and 1.937(d)
$2,040 $91,800 $112,200
USPTO - 152
Appendix VII
Fee
President's Budget
Actual Fee
Code
Fee Title
Fee Rate
Planned Fee Collections
Collections
Total Patent Petition Fees (Large Entity) $11,374,790 $10,500,070
Patents
Patent Petition Fees (Small Entity):
2453 Petition for revival of an abandoned application for a patent, for the delayed payment of
the fee for issuing each patent, or for the delayed response by the patent owner in any
reexamination proceeding
$840 $4,227,300 $2,872,790
2454 Petition for the delayed submission of a priority or benefit claim, or to restore the right of
priority or benefit
$840 $994,350 $869,970
2455 Filing an application for patent term adjustment $210 $13,860 $22,260
2456 Request for reinstatement of term reduced $420 $420 $420
2457 Extension of term of patent $1,180 $7,080 $11,800
2458 Initial application for interim extension (see 37 CFR 1.790) $440 $440 -$440
2459 Subsequent application for interim extension (see 37 CFR 1.790) $230 $230 $690
2462 Petitions requiring the petition fee set forth in 37 CFR 1.17(f) (Group I) $168 $183,540 $147,998
2463 Petitions requiring the petition fee set forth in 37 CFR 1.17(g) (Group II) $88 $72,160 $72,248
2464 Petitions requiring the petition fee set forth in 37 CFR 1.17(h) (Group III) $56 $326,900 $222,992
2784 Petition to excuse applicant's failure to act within prescribed time limits in an international design application $840 $0 $840
2824 Petitions in a reexamination proceeding, except for those specifically enumerated in 37 CFR 1.550(i) and 1.937(d) $816 $9,180 $13,872
Total Patent Petition Fees (Small Entity) $5,835,460 $4,235,440
Patents
Patent Petition Fees (Micro Entity):
3453 Petition for revival of an abandoned application for a patent, for the delayed payment of the fee for issuing each
patent, or for the delayed response by the patent owner in any reexamination proceeding
$420 $751,800 $599,340
3454 Petition for the delayed submission of a priority or benefit claim, or to restore the right of priority or benefit $420 $144,900 $113,400
3455 Filing an application for patent term adjustment $210 $630 $840
3456 Request for reinstatement of term reduced $420 $0 $420
3458 Initial application for interim extension (see 37 CFR 1.790) $440 $0 $440
3459 Subsequent application for interim extension (see 37 CFR 1.790) $230 $230 $0
3462 Petitions requiring the petition fee set forth in 37 CFR 1.17(f) (Group I) $84 $22,365 $14,196
3463 Petitions requiring the petition fee set forth in 37 CFR 1.17(g) (Group II) $44 $4,345 $2,541
3464 Petitions requiring the petition fee set forth in 37 CFR 1.17(h) (Group III) $28 $8,155 $5,474
3784 Petition to excuse applicant's failure to act within prescribed time limits in an international design application $420 $0 $420
3824 Petitions in a reexamination proceeding, except for those specifically enumerated in 37 CFR 1.550(i) and 1.937(d) $408 $0 $816
Total Patent Petition Fees (Micro Entity) $932,425 $737,887
USPTO - 153
Appendix VII
Fee
President's Budget
Actual Fee
Code
Fee Title
Fee Rate
Planned Fee Collections
Collections
Patents
Patent Service Fees:
8001
Printed copy of patent w/o color, delivery by USPS, USPTO Box, or electronic means
$30,330
$11,331
8003
Printed copy of plant patent in color
$15
$1,515
$270
8004
Color copy of patent (other than plant patent) containing a color drawing
$75
$25
8005
Patent Application Publication (PAP)
$3
$3
$24
8007
Copy of patent application as filed
$35
$1,066,695
$1,063,405
8010
Individual application documents, other than application as filed, per document
$25
$9,325
$3,525
8013
Copy of office records, except copies of applications as filed
$25
$160,175
$167,450
8014
For assignment records, abstract of title and certification, per patent
$35
$677,845
$737,730
8020
International type search report
$40
$0
$0
8021
Recording each patent assignment, agreement or other paper, per property - if not submitted electronically
$50
$4,600
$6,100
8022
Publication in Official Gazette
$25
$5,225
$4,025
8026
Handling fee for incomplete or improper application
$140
$51,240
$38,490
8051
Copy Patent File Wrapper, Paper Medium, Any Number of Sheets
$290
$102,660
$40,600
8052
Copy Patent File Wrapper, Electronic Medium, Any Size or Provided Electronically
$60
$145,260
$149,160
8053
Additional Fee for Overnight Delivery
$40
$19,200
$5,160
8054
Additional Fee for Expedited Service
$170
$50,660
$22,100
8901
REPS
var
$0
-$41
8904
Library service
$50
$1,950
$1,916
Total Patent Service Fees
$2,326,758
$2,251,270
Patents
Miscellaneous Patent Fees (Large Entity):
1802
Request for expedited examination of a design application
$1,600
$731,200
$769,600
1803
Request for voluntary publication or republication
$140
$17,780
$24,920
1806
Submission of an Information Disclosure Statement
$260
$23,533,380
$22,909,940
1807
Processing fee for provisional applications
$50
$340,400
$301,150
1808
Other publication processing fee
$140
$53,200
$40,890
1809
Filing a submission after final rejection (see 37 CFR 1.129(a))
$880
$14,960
$20,240
1810
For each additional invention to be examined (see 37 CFR 1.129(b))
$880
$0
$1,760
1815
Suspense Account for Patent Processing Fees
$830
$0
$830
1818
Document fee for third-party submissions (see 37 CFR 1.290(f))
$180
$55,440
$60,480
1819
Correction of inventorship after first action on merits
$640
$551,680
$530,560
1830
Processing fee, except in provisional applications
$140
$2,845,220
$2,455,880
USPTO - 154
Appendix VII
Fee
Code
1999 Patent Unassigned Fees var $1,640,077 $2,216,087
Total Miscellaneous Patent Fees (Large Entity) $29,783,337 $29,332,337
Patents
Miscellaneous Patent Fees (Small Entity):
2802 Request for expedited examination of a design application $640 $1,002,400 $1,255,360
2803 Request for voluntary publication or republication $140 $2,800 $5,180
2806 Submission of an Information Disclosure Statement $104 $2,990,390 $2,684,006
2807 Processing fee for provisional applications $50 $208,400 $178,600
2808 Other publication processing fee $140 $8,680 $11,200
2809 Filing a submission after final rejection (see 37 CFR 1.129(a)) $352 $14,080 $11,528
2810 For each additional invention to be examined (see 37 CFR 1.129(b)) $352 $440 $0
2818 Document fee for third-party submissions (see 37 CFR 1.290(f)) $72 $8,460 $9,522
2819 Correction of inventorship after first action on merits $256 $219,200 $160,660
2830 Processing fee, except in provisional applications $56 $985,040 $769,566
Total Miscellaneous Patent Fees (Small Entity) $5,439,890 $5,085,622
Patents
Miscellaneous Patent Fees (Micro Entity):
3802 Request for expedited examination of a design application $320 $2,280,800 $1,729,200
3803 Request for voluntary publication or republication $140 $840 $0
3806 Submission of an Information Disclosure Statement $52 $40,235 $32,240
3807 Processing fee for provisional applications $50 $7,400 $6,500
3808 Other publication processing fee $140 $1,120 $700
3809 Filing a submission after final rejection (see 37 CFR 1.129(a)) $176 $1,540 $2,112
3810 For each additional invention to be examined (see 37 CFR 1.129(b)) $176 $220 -$220
3819 Correction of inventorship after first action on merits $128 $9,600 $9,696
3830 Processing fee, except in provisional applications $28 $61,180 $47,544
Total Miscellaneous Patent Fees (Micro Entity) $2,402,935 $1,827,772
Patents
Patent Enrollment Fees:
Fee Title
Fee Rate
President's Budget
Planned Fee Collections
Actual Fee
Collections
USPTO - 155
Appendix VII
Fee
President's Budget
Actual Fee
Code
Fee Title
Fee Rate
Planned Fee Collections
Collections
9001
Application fee (non-refundable)
$110
$287,320
$285,670
9003
Registration to practice or grant of limited recognition under ¿11.9(b) or (c)
$210
$205,800
$197,820
9004
Administrative Reinstatment Fee
$210
$6,090
$3,780
9005
Certificate of good standing as an attorney or agent
$40
$12,080
$10,960
9006
Certificate of good standing as an attorney or agent, suitable for framing
$50
$750
$1,750
9010
For test administration by commercial entity
$210
$497,700
$503,160
9012
Review of decision by the Director of Enrollment and Discipline under ¿11.2(c)
$420
$840
$1,260
9013
Review of decision of the Director of Enrollment and Discipline under ¿11.2(d)
$420
$0
$0
9014
Application fee for person disciplined, convicted of a felony or certain misdemeanors under ¿11.7(h)
$1,680
$21,840
$18,480
9020
Delinquency fee
$50
$50
$0
9024
Unspecified other services, excluding labor
$6,960
$4,007
9025
Registration to practice for change of practitioner type
$46,750
$34,120
9026
On Grant of Limited Recognition Under ¿11.9(b)
$210
$1,680
$7,980
9028
For USPTO-Assisted Change of Address Within the Office of Enrollment and Discipline Information System
$70
$24,710
$14,630
9029
For USPTO-Administered Review of Registration Examination
$470
$470
$0
9030
Request for extension of time in which to schedule examination for registration to practice (non-refundable)
$115
$10,350
$55,200
Total Patent Enrollment Fees
$1,123,390
$1,138,817
Patents
Finance Service Fees:
9101
Processing each payment refused or charged back
$50
$7,150
$6,918
9209
Partial Service Charge for Closing a Deposit Account
var
$39,378
$39,652
Total Finance Service Fees
$46,528
$46,570
Trademarks
Application Filings:
6001
Application for registration, per international class (paper filing)
$750
$0
$0
6006
Dividing an application, per new application (file wrapper) created
$200
$5,459
$0
6008
Additional fee for application that doesn't meet TEAS Plus or TEAS RF filing requirements, per class
$100
$0
$300
7006
Dividing an application, per new application (file wrapper) created
$100
$321,125
$450,200
7007
Application for registration, per international class (electronic filing, TEAS Plus application)
$250
$122,412,000
$95,615,250
7008
Additional fee for application that doesn't meet TEAS Plus filing requirements, per class
$100
$215,445
$488,175
7009
Application for registration, per international class (electronic filing, TEAS Standard application)
$350
$150,916,220
$107,103,150
7016
Extension of time for filing a response to a pre-registration office action
$125
$0
$3,650,500
7931
Application Fee Filed at WIPO
$500
$36,833,488
$35,313,800
var
USPTO - 156
Appendix VII
Fee
President's Budget
Actual Fee
Code
Fee Title
Fee Rate
Planned Fee Collections
Collections
7933
Subsequent Designation Fee Filed at WIPO
$500
$3,202,912
$2,372,800
Total Application Filings
$313,906,649
$244,994,175
Trademarks
Maintaining Exclusive Rights:
6201
Application for renewal under ¿9, per class
$500
$0
$0
6203
Additional fee for filing renewal application during grace period, per class
$200
$0
$0
6204
Correcting a deficiency in a renewal application
$200
$0
$0
6205
Filing ¿8 affidavit, per class
$325
$0
$325
6206
Additional fee for filing ¿8 affidavit during grace period, per class
$200
$0
$0
6207
Correcting a deficiency in a ¿8 affidavit
$200
$0
$0
6208
Filing ¿15 affidavit, per class
$300
$0
$0
6210
Publication of mark under ¿12(c), per class
$200
$0
$0
6211
Issuing new certificate of registration
$200
$0
$0
6212
Certificate of correction, registrant's error
$200
$0
$0
6213
Filing disclaimer to registration
$200
$0
$0
6214
Filing amendment to registration
$200
$0
$0
7012
Deletion of Goods or Services Under Section 8 as a Result of a Post Registration Audit, per Class
$250
$577,578
$734,250
7201
Application for renewal under ¿9, per class
$300
$35,741,054
$36,059,100
7203
Additional fee for filing renewal application during grace period, per class
$100
$1,191,368
$1,455,500
7204
Correcting a deficiency in a renewal application
$100
$119,100
$67,100
7205
Filing ¿8 affidavit, per class
$225
$54,169,559
$59,613,300
7206
Additional fee for filing ¿8 affidavit during grace period, per class
$100
$2,407,500
$3,317,900
7207
Correcting a deficiency in a ¿8 affidavit
$100
$240,800
$377,600
7208
Filing ¿15 affidavit, per class
$200
$21,411,045
$21,911,800
7210
Publication of mark under ¿12(c), per class
$100
$0
$400
7211
Issuing new certificate of registration
$100
$1,000
$400
7212
Certificate of correction, registrant's error
$100
$775,126
$512,300
7213
Filing disclaimer to registration
$100
$0
$100
7214
Filing amendment to registration
$100
$29,000
$20,000
Total Maintaining Exclusive Rights
$116,663,130
$124,070,075
Trademarks
Intent to Use/Use Fees:
USPTO - 157
Appendix VII
Fee
President's Budget
Actual Fee
Code
Fee Title
Fee Rate
Planned Fee Collections
Collections
6002
Filing an Amendment to Allege Use under ¿1(c), per class
$200
$0
$0
6003
Filing a Statement of Use under ¿1(d)(1), per class
$200
$0
$0
6004
Filing a Request for a Six-month Extension of Time for Filing a Statement of Use under ¿1(d)(1), per class
$225
$0
$450
7002
Filing an Amendment to Allege Use under ¿1(c), per class
$100
$1,233,008
$29,600
7003
Filing a Statement of Use under ¿1(d)(1), per class
$100
$15,570,000
$12,631,500
7004
Filing a Request for a Six-month Extension of Time for Filing a Statement of Use under ¿1(d)(1), per class
$125
$50,115,938
$37,807,125
Total Intent to Use/Use Fees
$66,918,946
$50,468,675
Trademarks
Madrid Protocol Fees:
6901
Certifying an International application based on single application or registration, per class
$200
$0
$0
6902
Certifying an International application based on more than one basic application or registration, per class
$250
$0
$0
6903
Transmitting a Request to Record an Assignment or restriction under ¿7.23 or ¿7.24
$200
$0
$0
6904
Filing a Notice of Replacement under ¿7.28, per class
$200
$0
$0
6905
Filing an affidavit under ¿71 of the Act, per class
$325
$0
$0
6906
Surcharge for filing affidavit under ¿71 of the Act during grace period, per class
$200
$0
$0
6907
Transmitting a subsequent designation under ¿7.21
$200
$0
$0
6908
Correcting a deficiency in an affidavit under ¿71 of the Act
$200
$0
$0
7013
Deletion of Goods or Services Under Section 71 as a Result of a Post Registration Audit, per Class
$250
$46,173
$265,000
7901
Certifying an International application based on single application or registration, per class
$100
$1,876,106
$1,841,800
7902
Certifying an International application based on more than one basic application or registration, per class
$150
$472,029
$388,800
7903
Transmitting a Request to Record an Assignment or restriction under ¿7.23 or ¿7.24
$100
$200
$300
7904
Filing a Notice of Replacement under ¿7.28, per class
$100
$1,000
$400
7905
Filing an affidavit under ¿71 of the Act, per class
$225
$4,330,462
$4,338,450
7906
Surcharge for filing affidavit under ¿71 of the Act during grace period, per class
$100
$192,465
$424,100
7907
Transmitting a subsequent designation under ¿7.21
$100
$238,425
$143,300
7908
Correcting a deficiency in an affidavit under ¿71 of the Act
$100
$2,384
$61,900
Total Madrid Protocol Fees
$7,159,244
$7,464,050
Trademarks
Trademark Trial and Appeal Board:
6401
Petition for cancellation, per class
$700
$0
$0
6402
Notice of opposition, per class
$700
$0
$2,100
6403
Ex parte appeal, per class
$325
$0
$2,925
USPTO - 158
Appendix VII
Fee
President's Budget
Actual Fee
Code
Fee Title
Fee Rate
Planned Fee Collections
Collections
6404
Filing a request for an extension of time to file a notice of opposition under ¿2.102(c)(1)(ii) or (c)(2)
$400
$0
$0
6405
Filing a request for an extension of time to file a notice of opposition under ¿2.102(c)(3)
$500
$0
$0
7401
Petition for cancellation, per class
$600
$2,457,574
$2,042,600
7402
Notice of opposition, per class
$600
$6,796,341
$5,971,200
7403
Ex parte appeal, per class
$225
$1,324,968
$1,255,950
7404
Filing a request for an extension of time to file a notice of opposition under ¿2.102(c)(1)(ii) or (c)(2)
$200
$1,173,000
$1,706,800
7405
Filing a request for an extension of time to file a notice of opposition under ¿2.102(c)(3)
$400
$747,600
$990,800
7406
Filing a Brief in an Ex Parte Appeal to the Board, per Class
$200
$134,800
$139,600
7407
Filing a Second or Subsequent Request for an Extension of Time to File an Appeal Brief, per Application
$100
$43,000
$42,800
7408
Request for an Oral Hearing, per Proceeding
$500
$48,500
$48,500
Total Trademark Trial and Appeal Board
$12,725,783
$12,203,275
Trademarks
Other Trademark Fees:
6991
Recordal application fee
$20
$580
$480
6992
Renewal application fee
$20
$660
$800
6993
Late fee for renewal application
$20
$160
$60
6994
Application fee for reactivation of insignia, per request
$20
$60
$100
6999
Trademark Unassigned Fees
var
$6,514
$6,027
7932
Renewal Fee Filed at WIPO
$300
$2,870,400
$3,736,200
8501
Printed copy of registered mark, delivery by USPS, USPTO Box, or electronic means
$3
$291
$0
8503
Certified copy of registered mark, with title and/or status, regular service
$15
$47,265
$27,930
8504
Certified copy of registered mark, with title and/or status, expedited local service
$30
$19,200
$27,150
8507
Certified copy of trademark application as filed
$15
$234,420
$181,995
8508
Certified or uncertified copy of trademark-related file wrapper and contents
$50
$51,050
$25,750
8513
Certified or uncertified copy of trademark document, unless otherwise provided
$25
$10,900
$34,725
8514
For assignment records, abstracts of title and certification per registration
$25
$10,525
$9,400
8521
Recording trademark assignment, agreement or other paper, first mark per document
$40
$2,593,200
$2,735,640
8522
For second and subsequent marks in the same document
$25
$7,277,900
$4,909,800
8533
Additional fee for overnight delivery
$40
$1,000
$440
8534
Additional fee for expedited service
$160
$13,600
$1,600
8901
REPS
var
$0
-$1
8904
Library Service
$50
$2,250
$2,334
9990
International Bureau Unassigned Fees
var
$0
$605,436
Total Other Trademark Fees
$13,139,975
$12,305,866
USPTO - 159
Trademarks
Trademark Processing Fees:
6005 Petitions to the Di
rector (Paper Correspondence) $350 $0 $2,100
6010 Petition for Revival or Reinstatement on Paper $250 $0 $0
7005 Petitions to the Director (Electronic Correspondence) $250 $1,821,000 $602,400
7010 Petitions for Revival or Reinstatement Filed through TEAS $150 $5,516,550 $4,000,500
7011 Letter of Protest $50 $196,300 $196,450
7014 Petition for expu
ngement and/or reexamination $400 $3,260,400 $103,200
7015
Extension of time for filing a response to an Office action $125 $764,156 $1,875
Appendix VII
Fee
Code
Fee Title
Total Trademark Processing Fees
$11,558,406 $4,906,525
Trademarks
Finance Service Fees:
9101 Processing Each Payment Refused or Charged Back $50 $950 $882
9209 Partial service charge for closing a deposit account var $5,108 $5,054
Total Finance Service Fees
$6,058 $5,935
Fee Rate
President's Budget
Planned Fee Collections
Actual Fee
Collections
USPTO - 160
Appendix VIII
Appendix VIII: 20222026 USPTO Strategic Plan Framework
Mission: Drive U.S. innovation, inclusive capitalism, and global competitiveness.
Vision: Unleashing America’s Potential
Goal 1: Drive inclusive U.S. innovation and global competitiveness.
Objective 1.1: Enhance the United States’ role as a global innovation leader.
Objective 1.2: Promote inclusive innovation through active engagement and widespread, ready access to IP resources and
tools.
Objective 1.3: Foster an innovation mindset in more Americans, starting with our youth.
Goal 2: Promote the efficient delivery of reliable IP rights.
Objective 2.1: Issue and maintain robust and reliable patents that incentivize and protect innovation.
Objective 2.2: Issue and maintain accurate and reliable trademark registrations that protect brands and investments.
Objective 2.3: Improve patent application pendency.
Objective 2.4: Improve trademark application pendency.
Objective 2.5: Optimize patent and trademark application processes to enable efficiencies for applicants and other
stakeholders.
Goal 3: Promote the protection of IP against new and persistent threats.
Objective 3.1: Protect patents from fraudulent and abusive behaviors.
Objective 3.2: Protect the integrity of the Trademark Register.
Objective 3.3: Improve domestic IP enforcement and reduce domestic IP crime and infringement.
Objective 3.4: Improve global IP enforcement and reduce global IP crime and infringement.
Objective 3.5: Support the development and enforcement of clear IP laws.
Objective 3.6: Work with and on behalf of stakeholders to enable them to protect their IP better.
Goal 4: Bring innovation to impact for the public good.
Objective 4.1: Help innovators, entrepreneurs, and creators identify available funding sources.
Objective 4.2: Promote the protection and domestic deployment of federally funded innovations.
Objective 4.3: Provide leadership to foster domestic and global ecosystems that support innovation.
Goal 5: Generate impactful employee and customer experiences by maximizing agency operations.
USPTO - 161
Appendix VIII
Objective 5.1: Create employee experiences that balance productivity, wellness, inclusion, and community connectedness.
Objective 5.2: Equitably deliver exceptional customer experiences.
Objective 5.3: Develop modern IT infrastructure and applications.
Objective 5.4: Expand opportunity, discovery, and accountability through greater data maturity.
Objective 5.5: Resource mission success.
USPTO - 162
Appendix IX
Appendix IX: FY 2024/2025 Annual Performance Plan and Report
Overview of Bureau Accomplishments
The following strategic objectives from DOC’s Strategic Plan | 2022–2026 apply to USPTO. For more information about the DOC's Strategic
Plan or the DOC's Performance Plans and Reports, please visit the DOC’s budget and performance webpage.
Strategic Objective (SO) 1.5, Promote accessible, strong, and effective IP rights to advance innovation, creativity, and
entrepreneurship
Enhance patent quality and compact prosecution: Patents continues to focus on providing clear, robust, and reliable rights through the
delivery of accurate, consistent, and timely results in search and examination. USPTO is achieving accurate and consistent search by
reviewing and implementing tools and training to enhance examination. For example, USPTO is working with AI-powered similarity
searching. AI-powered features offer an opportunity to increase consistency by applying standard search models for finding relevant prior art
across the examining corps as well as to expand prior art consideration further by deepening search capabilities across all U.S. patent
documents and publications and over 86 million foreign-sourced patent documents and applications. Also, USPTO is developing a portal
within the primary search tool that will integrate with the agency electronic library’s application programming interface (API). This integration
will put over 600,000 electronic books; 72,000 journals; and 40 electronic databases at examiners’ fingertips. Development teams are
working to integrate search tools more directly with Global Dossier to enable better worksharing between the United States and its global
partners when examining related applications. USPTO will closely monitor inventory and application filing levels and ensure examiner
production time and staffing are sufficient for examination responsibilities across different technology areas. USPTO is currently conducting
a timing pilot that explores alternate means to determine examination expectancy time for an application. These means include
classification, AI text analysis, and combinations thereof. USPTO will continue working to meet the needs of underrepresented groups, first-
time filers, independent inventors, and small businesses. USPTO and its
CI
2
recently launched the First-Time Filer Expedited Examination
Pilot Program, which is designed to increase accessibility to the patent system for inventors who are new to the patent application process,
including those in historically underserved geographic and economic areas.
Reduce trademark pendency: Trademarks is committed to providing timely, quality trademark examinations. To address the backlog of
unexamined applications, Trademarks has taken proactive steps by hiring more examination staff and establishing the Trademark Academy
to onboard and train new attorneys better. Furthermore, part of the implementation of the TMA has been the reduction of response times for
pre-registration office actions from six months to three months, with a possible extension to the full six months. This initiative has significantly
shortened the time for applicants to respond before their applications undergo examination. Expediting the examination process allows
Trademarks to prevent scammers from obstructing the progress of legitimate applicants better. In addition, expediting the process will
ultimately help to reduce disposal pendency. USPTO is continuing to implement new processes to enhance examination efficiency and
reduce pendency. Furthermore, USPTO made considerable strides in protecting the integrity of the Trademark Register through statutory,
technological, and operational adjustments. USPTO created the Register Protection Office (RPO), a new organization within TM
USPTO - 163
Appendix IX
Examination Policy that is dedicated to combating scams—particularly, those involving fraudulent trademark applications. USPTO hired a
director for the RPO and increased the RPO’s resources with examining attorneys and paralegals to support investigative tasks—primarily,
anti-scam work, which has streamlined anti-scam efforts and reduced the impact on examination. Trademarks is also evaluating whether
and how trademark professionals could assist in the application process. USPTO will continue to strengthen the capabilities and capacity of
the RPO and increase the reach of the Administrative Sanctions Program to protect the integrity of the Trademark Register.
Protect and enforce IP abroad: USPTO concluded cooperative agreements designed to improve the global IP system and enhance the
protection of IP rights. USPTO made these agreements with the IP offices of Japan, Saudi Arabia, Chile, Korea, Panama, Ecuador,
Argentina, Canada, Morocco, Turkey, Mongolia, and the EPO. In addition, progress continues on similar agreements with the IP offices of
Laos, Moldova, Egypt, Tunisia, Qatar, Taiwan, Nepal, Papua New Guinea, Malaysia, Georgia, and Indonesia.
USPTO continues its active engagement with other patent and trademark offices around the world through the IP5, the Trademark 5 (TM5),
and the Industrial Design 5 (ID5). The IP5 comprises USPTO, the CNIPA, the EPO, the JPO, and the KIPO. The TM5 and ID5 consist of
USPTO, the CNIPA, the European Union Intellectual Property Office, the JPO, and the KIPO. These offices account for about 90% of all
patent applications, 50% of all trademark applications, and 80% of all design applications filed worldwide. The IP5, TM5, and ID5 promote
cooperation and collaboration among their members, exchanging information on practices and programs that facilitate increasingly user-
friendly and interoperable patent, trademark, and design systems.
USPTO continues to support the monitoring of compliance with trade agreements actively. The agency participates in reviews of foreign
laws as part of WTO trade policy reviews and trade agreements, such as phase one of the United States-China trade agreement.
Strategic Objective (SO) 5.3, Equitably deliver exceptional customer experience (CX)
USPTO CX: Recognizing the importance of CX and its impact on the patent and trademark programs, USPTO strives to provide exceptional
service by continuously seeking stakeholder feedback. Per
OMB Circular A-11, section 280, USPTO maintained its High Impact Service
Provider-designated services, including trademark application and registration. To further improve CX, in FY 2023 USPTO began sending
welcome letters” to patent and trademark applicants. The letters provide information on free trainings and resources to help recipients learn
more about the application process. USPTO also completed its CX action plan items, which included the implementation of the Stakeholder
Application Readiness Training, the Patents Customer Ambassador Pilot, and analysis supporting trademark customer survey responses.
The survey of trademark customers, designed to identify ways to improve the trademark filing experience, informed the design of the
Trademark Center beta. Subsequent prototype testing with customers indicated the agency has made improvements to navigation, fee
calculation transparency, and the expanded save functionality. USPTO also enhanced Patent Center, which allows patent filers to use a
single interface instead of multiple legacy tools for submitting and managing patent applications. The enhancements provide filers with a
more streamlined process. Although most patent and trademark applications are submitted by licensed attorneys on behalf of their clients,
USPTO invested time and resources to ensure the agency received input from all its customers, including the independent filers, to deliver a
filing experience that is accessible to everyone. USPTO will continue to seek feedback from customers so it can simplify online tools for
navigation and filing. USPTO will also continue to focus on educating all customers in understanding the nuances of obtaining a patent or
USPTO - 164
Appendix IX
registering a trademark. To maximize agency operations, USPTO will invest in learning about and implementing best practices in CX while
aligning its efforts with employee experience. For more information on USPTO’s CX action plans and quarterly results, visit performance.gov.
Planned Actions through FY 2025
USPTO Patents: USPTO continues its commitment to processing patent applications in a timely manner consistent with established goals
based on Patent Term Adjustments (PTA), which measures overall adherence to statutorily defined time frames. Reducing the number of
issued PTAs provides shorter pendency for all applications, reduces uncertainty in the marketplace, and ensures patents expire and become
available to the public at the statutorily defined time of 20 years from filing.
USPTO Trademarks: USPTO anticipates that overall, filings will increase by about 227,000 applications (classes) by FY 2029 relative to FY
2023, or a 4.6% Compound Annual Growth Rate (CAGR). To keep pace with workload while supporting business development and
implementation of new and improved IT systems, Trademarks will increase its number of examining staff and implement several initiatives to
enhance efficiency. By hiring more examining attorneys, enhancing training through the TM Academy, evaluating retention, and fully
reviewing details and work projects, Trademarks will enhance productivity by optimizing examination time. Trademarks will use trademark
professionals to advance anti-scam work. Trademarks will also evaluate the use of trademark professionals to balance the examining
attorney workload and workforce with the uncertainty of incoming application demand levels. In addition, Trademarks will enhance
productivity by exploring award production incentives, reevaluating the effectiveness of examination quality standards, modifying the current
comprehensive excellence standard for arguments and evidence, and streamlining "bad faith" processing by moving suspicious files out of
examination and into administrative review. USPTO anticipates phase three of the TMA, flexible response times for post-registration, will be
implemented by FY 2025. Moreover, Trademarks will collaborate with OCIO on further investment and improvements in its IT systems to
minimize system downtime. The groundwork to implement these changes is underway. Some initiatives will have a transformative impact on
productivity, generating much higher efficiency gains, but the complexity of the agency’s processes and IT systems remains a major risk that
could delay or dampen the gains. Looking forward, Trademarks expects to advance the integration and utilization of AI, machine learning,
robotic process automation, and natural language processing. Trademarks will continue to build its brand management strategy by adding a
senior-level marketing advisor to the Brand Management Group. The group will continue to grow with additional expertise—particularly, in
CX and data analysis—to ensure that Trademarks can capture customer data and feedback on new services that can be used to refine the
services. Additionally, Trademarks is expanding its outreach team to promote participation and enhance application quality with pro se filers
and underserved communities.
USPTO International Efforts: USPTO continues its efforts to improve
international IP protection and administration, capacity building, and
policy initiatives, including the creation of country and regional strategic plans and specific action plans in relation to prioritized countries of
interest.
USPTO - 165
Appendix IX
USPTO CX: USPTO will continue to build and implement CX initiatives across all operations, provide CX training, build capacity to assess
customer needs, and provide an overall positive experience for agency customers.
Analysis of Performance Indicators
Explanation of Trends
Patents: After an extended period of improved pendency, USPTO has recently seen an increase in pendency and inventory driven mainly by
attrition, reduced production, and filing rates that did not drop during the pandemic as the agency expected. This is reflected in the PTA
performance indicators, which have two main components: mailed actions and remaining inventory. While mailed actions met their target,
the remaining inventory grew instead. USPTO is embarking on several efforts to increase its patent examination capacity and improve its
efficiency. These include efforts to improve recruitment and retention of patent examiners and revitalizing the patent examiners’ performance
incentives. The agency expects these and other efforts to bear fruit over the next several years.
Trademarks: USPTO has exceeded its trademark quality targets. Trademarks has focused on maintaining quality through initiatives such as
standardizing training and feedback, with the development of novel modules to address emerging challenges for a higher number of
examining attorneys. The training academy has successfully completed its first full year, graduating two classes of examiners. Additionally,
efforts include promoting online tools and enhanced processes, which allow trademark applicants to submit third-party generated electronic
signatures approved for use in the Trademark Electronic Application System (TEAS) and TEAS International (TEASi). The introduction of
TM Exam, a browser-based examination system, has further improved examining attorney efficiency and work quality. Furthermore, as part
of improving examination guidance, USPTO has implemented FY 2023 revisions to the Trademark Manual of Examining Procedure (TMEP),
incorporating statutory and regulatory changes, relevant precedential decisions, and examination guidance issued since the July 2022
update. However, USPTO continues to work through the recent unprecedented surge and backlog, which will take some time to reduce to
an appropriate level. Pendency has stabilized, but it remains higher than the optimal level. USPTO implemented and adopted new IT and
search capabilities, which required additional training and non-examination time adjustments. Aligning performance incentives and
implementing additional capacity and efficiency measures should yield positive results soon.
USPTO International Efforts: USPTO consistently meets its IP training and protection targets.
USPT
O CX
: USPTO has met or exceeded its CX targets. USPTO exceeded and met the following targets in FY 2023: Percentage of
customers who i
ndicate the employees they interacted with were helpful (Patents), and percentage of customers who indicate positive
satisfaction with designated priority services (patents), respectively. Due to a change in its CX management platforms, and the survey
methodology in calculating scores, USPTO is adjusting their targets for FY 2024 and FY 2025. In August of 2023,
OMB Circular A-11
Section 280 was updated to require HISPs to modify their surveys to a new model that includes a trust question. This change seeks to
reduce burden on the public and to assist in developing comparable, government-wide customer experience measures that can be shared
publicly. Based on this update, USPTO has added a trust measure to its list of performance indicators for FY 2024 and FY 2025.
USPTO - 166
Appendix IX
Explanation of Targets for FY 2024 and FY 2025
USPTO’s targets will generally stay consistent for FY 2024 and FY 2025. USPTO is a fee-funded agency; targets are dependent on USPTO
having access to all fee collections.
Progression of Performance Indicators
USPTO’s performance relative to targets depends on workload demand, fee collection estimates derived from production and workload
models, and global and domestic indicators of economic activity, all of which present unique forecasting uncertainty. USPTO strives for
increased accuracy when predicting workload and fee estimates. Furthermore, USPTO uses performance indicator reviews to monitor the
progress and implementation of its goals and objectives and to inform employees and stakeholders.
Performance Data Validation and Verification
USPTO periodically conducts verification and validation of performance measures to ensure quality, reliability, and credibility. At the
beginning of each fiscal year and at various points throughout the reporting or measurement period, USPTO reviews and adjusts sampling
techniques and sample counts to ensure data are statistically reliable for making inferences about the population as a whole.
USPTO - 167
Appendix IX
Performance Indicators
Class
Strategic
Objective
Performance Indicator
FY 2019
Actual
FY 2020
Actual
FY 2021
Actual
FY 2022
Actual
FY 2023
Actual
FY 2023
Target
FY 2023
Status
FY 2024
Target
FY 2025
Target
Current/
Recurring
1.5
Patents total PTA
Compliance, all mailed
actions
83%
83%
80%
81%
80%
Exceeded
80%
80%
Current/
Recurring
1.5
Patents PTA compliance,
remaining inventory
88%
86%
85%
82%
86%
Not Met
81%
81%
Current/
Recurring
1.5
Patent Statutory
Compliance Metrics
(Percent)Statute 35 USC
101 (including utility and
eligibility)
97.7%
97.7%
98.3%
98.3%
98.2%
94.0%
Exceeded
94.0%
94.0%
Current/
Recurring
1.5
Patent Statutory
Compliance Metrics
(Percent) Statute 35 USC
102 (prior art compliance)
94.4%
94.3%
95.1%
95.3%
96.0%
94.0%
Exceeded
94.0%
94.0%
Current/
Recurring
1.5
Patent Statutory
Compliance Metrics
(Percent) Statute 35 USC
103 (prior art compliance)
89.9%
88.9%
90.7%
91.5%
92.2%
91.0%
Exceeded
92.0%
92.0%
Current/
Recurring
1.5
Patent Statutory
Compliance Metrics
(Percent) Statute 35 USC
112 (35 USC 112(a),(b)
including (a)/(b) rejections
related to 35 USC 112(f)
92.2%
90.6%
92.2%
94.6%
94.4%
92.0%
Exceeded
94.0%
94.0%
Current/
Recurring
1.5
Trademark average first
action pendency (months)
2.6
3.0
6.3
8.3
8.5
8.5
Met
8.4
7.5
Current/
Recurring
1.5
Average processing time
for trademark applications
9.3
9.5
11.2
13.8
14.6
14.5
Not Met
14.4
13.5
USPTO - 168
Appendix IX
Class
Strategic
Objective
Performance Indicator
FY 2019
Actual
FY 2020
Actual
FY 2021
Actual
FY 2022
Actual
FY 2023
Actual
FY 2023
Target
FY 2023
Status
FY 2024
Target
FY 2025
Target
Current/
Recurring
1.5
Percentage of prioritized
countries for which
intellectual property
country teams have made
progress on at least 3 of
the 4 performance criteria
66%
100%
100%
100%
100%
66%
Exceeded
66%
66%
Current/
Recurring
5.3
Percentage of customers
who indicate positive
satisfaction with
designated priority services
(Patents)
82%
82%
Met
70%
70%
Current/
Recurring
5.3
Percentage of customers
who indicate positive
satisfaction with
designated priority services
(Trademarks)
80%
70%
Exceeded
70%
70%
Current/
Recurring
5.3
Percentage of customers
who indicate the
employees they interacted
with were helpful (Patents)
85%
82%
Exceeded
75%
75%
Current/
Recurring
5.3
Percentage of customers
who indicate the
employees they interacted
with were helpful
(Trademarks)
86.0%
75.0%
Exceeded
75.0%
75.0%
Proposed
new
5.3
Percentage of customers
who trust USPTO to grant
patents and register
trademarks in accordance
with U.S. laws and
regulations.
N/A
65.0%
65.0%
USPTO - 169