What Is the Continuing Application Fee (CAF)?
If you’re planning to file a U.S. continuation or divisional patent application, don’t wait too long — the USPTO now charges a Continuing Application Fee (CAF) for filings made many years after the first one in the family.
When Did the CAF Take Effect?
The Continuing Application Fee (CAF) took effect on January 19, 2025. It adds an extra fee to continuing applications — including continuations, divisionals, and CIP filings — when they claim priority back to an application that’s several years old.
How Much Does the CAF Cost?
Here’s the current USPTO fee schedule for large entities:
- $2,700 if your Earliest Benefit Date (EBD) is more than six years before your new filing date.
- $4,000 if your EBD is more than nine years before your new filing date.
Smaller entities (small or micro) pay reduced rates — but the message is the same: delays cost money.
What Is an “Earliest Benefit Date” (EBD)?
Great question!
Your Earliest Benefit Date (EBD) is the filing date of your first non-provisional U.S. patent application in the family. It’s also the date the USPTO uses to calculate your 20-year patent term.
Earlier provisional or foreign filings don’t change that date — only U.S. non-provisional filings count.
The CAF also applies if you add a benefit claim later, after those 6- or 9-year cut-offs — even if the original application was filed before January 19, 2025.
The Takeaway: Don’t Let Time Cost You
If you expect to file a continuation or divisional, plan ahead. Don’t let your patent family grow old before adding new filings — or you could face thousands of dollars in extra USPTO fees.
For more details, visit the USPTO announcement on the Continuing Application Fee.