Congress Extends USPTO Fee-Setting Authority Following INTA Advocacy

Following advocacy by INTA and other intellectual property organizations, the United States Patent and Trademark Office’s (USPTO) fee-setting authority has been extended to December 11, 2026. It was due to expire on September 16, but Congress has now enacted a short-term continuing resolution that extends the authority through December 11, 2026.

As the date of expiry drew near, INTA and other trade organizations intervened on September 1, sending a letter to Congress encouraging it to extend the agency’s fee-setting authority and expressing serious concerns about vacancies in the USPTO’s user-community public advisory committees, which have statutory roles in the fee-setting process.

On September 2, the House Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet held an oversight hearing. Members of Congress from both sides of the aisle raised the issues INTA advocated for in the letter.

The USPTO is a fee-funded agency, meaning its budget is determined each year and may not exceed the amount of fees it collects from users (as opposed to receiving appropriations from taxes on the general public). As patent and trademark filings ebb and flow, so does the USPTO’s operating budget, and the agency must continuously analyze and periodically adjust its fee schedule to ensure the agency maintains sufficient funds to operate efficiently.

Before 2011, this fee adjustment process was difficult and unpredictable—all fee adjustments had to be submitted to Congress and enacted into law via the legislative process. Recognizing the inefficiencies of this process, Congress enacted the America Invents Act (AIA) in 2011, which, in part, gave the USPTO the authority to set its own fees.

However, the AIA also established checks on the USPTO’s fee-setting authority. First, the Act gave the USPTO’s Patent Public Advisory Committee (PPAC) and Trademark Public Advisory Committee (TPAC) formal roles in the fee-setting process. This was an important check because PPAC and TPAC consist of individuals from the USPTO’s user community—the same community that pays user fees. The AIA also included a seven-year sunset provision on the USPTO’s fee-setting authority to ensure Congress could conduct meaningful oversight of the agency’s fee-setting activities.

Supported by the work of the Trademark Office Practices Committee and the Legislation and Regulation Committee, INTA has long advocated for extensions of the USPTO’s fee-setting authority to ensure the agency’s services keep pace with the needs of brand owners and innovators. INTA also supports guardrails on that authority, including a fully staffed and functioning TPAC and PPAC. INTA’s September 1 letter, which was joined by the American Intellectual Property Law Association and the Intellectual Property Owners Association, advocates for these positions.

INTA’s Washington, D.C., Representative Office advocates the Association’s policy positions in the United States and Canada. To learn more about INTA’s activities in the region, please contact Senior Director, Government Relations,  Jennifer Simmons. 

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

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