The USPTO January 2026 fee adjustment is the largest single fee restructuring since 2017. For patent filers, most line items rose 7 to 25 percent. For trademark filers, the simplified flat-fee structure replaced the per-class-per-identification model that had been in place for over a decade. The net effect on a small filer depends entirely on what you are filing.
Here is what changed, what it means for your filing budget, and where the adjustments are worth paying attention to.
The headline patent changes
The basic utility patent filing fee for a small entity is now $1,820 (up from $1,600). The undiscounted filing fee for an unrelated entity moved to $4,550. The micro-entity rate is $740.
Three secondary changes matter more than the headline number:
Excess claims fees have jumped. Each independent claim past the first three now costs $620 for a small entity (up from $480). Each total claim past 20 is now $200 (up from $100). For software and biotech applications with broad claim sets, this is the single biggest cost-of-filing increase.
Excess pages fees are new. Specifications over 100 pages now incur a fee of $440 for every additional 50 pages. This was not a fee item before. For large biotech sequence listings or complex mechanical specifications, this can add hundreds to thousands of dollars.
The continuation surcharge changed shape. Continuations filed more than six years after the earliest priority date now carry a surcharge of $2,920 for a small entity. Continuations filed more than nine years after carry a $4,400 surcharge. This is designed to discourage long-tail continuation strategies. If you are managing a continuation strategy across a portfolio, the math changed materially.
The trademark restructuring
The biggest change is the move to a single flat trademark filing fee per class. The previous TEAS Plus / TEAS Standard split is gone. The new structure:
- Base filing fee per class: $350 for trademarks filed in commerce, $500 for intent-to-use applications.
- Identification surcharge: $200 per class if you do not use the USPTO pre-approved identification language.
- Word-count surcharge: $200 per additional 1,000 characters of free-text identification beyond the first 1,000.
For a filer using pre-approved identifications in one class, the effective fee is $350, meaningfully less than the prior $250 TEAS Plus plus the strictness penalties most filers ran into. For a filer using complex custom identifications in three classes, the new fee is $1,650 plus surcharges, which could exceed the old structure.
The practical takeaway: write your goods and services description in plain language that matches the USPTO ID Manual entries. Custom descriptions are now an explicit cost rather than a hidden time penalty.
Micro and small entity status
The thresholds for small entity status are unchanged: fewer than 500 employees, not assigned to a non-small entity, no more than four prior non-provisional applications. The thresholds for micro entity are also unchanged: small entity status, plus gross income under three times the median household income for the calendar year before filing.
If you are at or near a threshold, recheck before filing. Small entity status saves roughly 60 percent on most fees; micro entity saves about 75 percent. Misrepresenting status is a fraud risk that can invalidate a patent later.
What this means for filing strategy
A few practical adjustments for small filers in 2026:
Tighten claim sets. With independent claims at $620 each over three, broad shotgun claiming is more expensive. Start with three independent claims, drafted carefully, and add more only when the prior art search justifies it. Most prosecution counsel was already drafting tighter sets; the fee change accelerates the trend.
Use the USPTO ID Manual for trademarks. The pre-approved language list covers far more goods and services than most filers realize. Use it. If you absolutely need a custom identification, write it tightly, the per-character surcharge is real.
Reconsider provisional-to-non-provisional timing. With filing fees rising and excess-pages surcharges new, the cost of a long-tail provisional that converts late is higher. If you are planning to convert, plan to do it efficiently rather than waiting the full 12 months out of habit.
Audit your continuation pipeline. If you have continuations sitting at 5-plus years from the earliest priority date, the six-year and nine-year surcharges are now part of the calculus. Some continuations that made sense to file at $1,600 do not make sense to file at $4,520. Run the numbers.
What did not change
A few things worth noting because they are not changing:
- The 12-month provisional-to-non-provisional window is still 12 months. There is no change to the substantive priority rules.
- Examiner interview policy is unchanged. Free examiner interviews remain one of the highest-leverage tools in prosecution.
- The TEAS application platform is being deprecated in favor of the new Trademark Center, but the substantive examination standards have not changed.
When to file before vs. after
A few filings that have a clear before-vs.-after consideration:
- Trademark applications with custom identifications: file now if you can prepare quickly; the surcharges will hit subsequent filings.
- Continuations that are approaching the 6-year cliff: file before crossing it.
- Large specifications (100-plus pages): unchanged either way once you have crossed the threshold.
If you are navigating a 2026 USPTO filing and want an attorney read on whether the new fee structure changes your strategy, LawSensai can match you with a patent or trademark attorney in your area.