On November 20, 2024, the U.S. Patent and Trademark Office (USPTO) published a final rule introducing a significant new fee structure for continuing patent applications. This rule, set to take effect on January 19, 2025, establishes additional fees for any continuing application filed at least six years after its earliest benefit date (EBD). The final rule identifies EBD as the earliest filing date for which benefit is claimed under 35 U.S.C. §§ 120, 121, 365(c), or 386(c) and §?1.78(d) and, therefore, cannot be the filing date of a foreign application or the filing date of a provisional application to which benefit is claimed under 35 U.S.C. § 119(e).

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