INTELLECTUAL PROPERTY RIGHTS
NATIONAL LEGISLATION - USA
Patent Laws and Regulations
Regulations: Title 37, Chapter I (Subchapter A,
Parts 1, 3, 5, 7, 10, 15, and 15a and Subchapter B); Chapter IV and Chapter V,
Code of Federal Regulations
(Continuation)
37 C.F.R. � 1.17 Patent application processing fees.
(a) Extension fees pursuant to � 1.136(a):
(1) For reply within first month:
By a small entity (� 1.9(f)).................................... $55.00
By other than a small entity...................................... 110.00
(2) For reply within second month:
By a small entity (� 1.9(f))..................................... 200.00
By other than a small entity...................................... 400.00
(3) For reply within third month:
By a small entity (� 1.9(f))..................................... 475.00
By other than a small entity...................................... 950.00
(4) For reply within fourth month:
By a small entity (� 1.9(f))..................................... 755.00
By other than a small entity.................................... 1,510.00
(5) For reply within fifth month:
By a small entity (� 1.9(f))................................... 1,030.00
By other than a small entity.................................... 2,060.00
(b) For filing a notice of appeal from the examiner to the Board of Patent Appeals and Interferences:
By a small entity (� 1.9(f))..................................... 155.00
By other than a small entity...................................... 310.00
(c) In addition to the fee for filing a notice of appeal, for filing a brief in support of an appeal:
By a small entity (� 1.9(f))..................................... 155.00
By other than a small entity...................................... 310.00
(d) For filing a request for an oral hearing before the Board of Patent Appeals and Interferences in an appeal under 35 U.S.C. 134:
By a small entity (� 1.9(f))..................................... 135.00
By other than a small entity...................................... 270.00
(e) [This paragraph was removed and reserved at 62 FR 53132, 53182, Oct. 10, 1997, effective Dec. 1, 1997.] For filing a notice of appeal from the examiner to the Board of Patent Appeals and Interferences:
[This paragraph was removed and reserved at 62 FR 53132, 53182, Oct. 10, 1997, effective Dec. 1, 1997.]
By a small entity (� 1.9(f))................................ $155.00
[This paragraph was removed and reserved at 62 FR 53132, 53182, Oct. 10, 1997, effective Dec. 1, 1997.]
By other than a small entity................................. $310.00
(f) [This paragraph was removed and reserved at 62 FR 53132, 53182, Oct. 10, 1997, effective Dec. 1, 1997.] In addition to the fee for filing a notice of appeal, for filing a brief in support of an appeal:
[This paragraph was removed and reserved at 62 FR 53132, 53182, Oct. 10, 1997, effective Dec. 1, 1997.] By a small entity (� 1.9 (f))............................... $155.00
[This paragraph was removed and reserved at 62 FR 53132, 53182, Oct. 10, 1997, effective Dec. 1, 1997.] By other than a small entity................................. $310.00
(g) [This paragraph was removed and reserved at 62 FR 53132, 53182, Oct. 10, 1997, effective Dec. 1, 1997.] For filing a request for an oral hearing before the Board of Patent Appeals and Interferences in an appeal under 35 U.S.C. 134:
[This paragraph was removed and reserved at 62 FR 53132, 53182, Oct. 10, 1997, effective Dec. 1, 1997.] By a small entity (� 1.9(f))................................ $135.00
[This paragraph was removed and reserved at 62 FR 53132, 53182, Oct. 10, 1997, effective Dec. 1, 1997.] By other than a small entity................................. $270.00
(h) For filing a petition to the Commissioner under a section listed below which refers to
this paragraph...........................................130.00
� 1.182 -- for decision on a question not specifically provided for.
� 1.183 -- to suspend the rules.
� 1.295 -- for review of refusal to publish a statutory invention registration.
� 1.377 -- for review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of a patent.
� 1.378(e) -- for reconsideration of decision on petition refusing to accept delayed payment of maintenance fee in an expired patent.
� 1.644(e) -- for petition in an interference.
� 1.644(f) -- for request for reconsideration of a decision on petition in an interference.
� 1.666(c) -- for late filing of interference settlement agreement.
� 5.12 -- for expedited handling of a foreign filing license.
� 5.15 -- for changing the scope of a license.
� 5.25 -- for retroactive license.
(i) For filing a petition to the Commissioner under a section listed below which refers to
this paragraph............................................130.00
� 1.12 -- for access to an assignment record.
� 1.14 -- for access to an application.
� 1.41 -- to supply the name or names of the inventor or inventors after the filing date without an oath or declaration as prescribed by � 1.63, except in provisional applications.
� 1.47 -- for filing by other than all the inventors or a person not the inventor.
� 1.48 -- for correction of inventorship, except in provisional applications.
� 1.53 -- to accord a filing date, except in provisional applications.
� 1.55 -- for entry of late priority papers.
� 1.59 -- for expungement and return of information.
� 1.84 -- for accepting color drawings or photographs.
� 1.91 -- for entry of a model or exhibit.
� 1.97(d) -- to consider an information disclosure statement.
� 1.102 -- to make an application special.
� 1.103 -- to suspend action in application.
� 1.177 -- for divisional reissues to issue separately.
� 1.312 -- for amendment after payment of issue fee.
� 1.313 -- to withdraw an application from issue.
� 1.314 -- to defer issuance of a patent.
� 1.666(b) -- for access to an interference settlement agreement.
� 3.81 -- for a patent to issue to assignee, assignment submitted after payment of the issue fee.
(j) For filing a petition to institute a public use proceeding under � 1.292.................................... $1,510.00
(k) For processing an application filed with a specification in a non-English language (� 1.52(d))........................... $130.00
(l) For filing a petition:
(1) For the revival of an unavoidably abandoned application under 35 U.S.C. 111, 133, 364, or 371, or
(2) For delayed payment of the issue fee under 35 U.S.C. 151:
By a small entity (� 1.9(f)).............................$55.00
By other than a small entity.............................. $110.00
(m) or filing a petition:
(1) For revival of an unintentionally abandoned application, or (2) For the unintentionally delayed payment of the fee for issuing a patent:
By a small entity (� 1.9(f))................................ $660.00
By other than a small entity............................... $1,320.00
(n) For requesting publication of a statutory invention registration prior to the mailing of the first examiner's action pursuant to � 1.104-$920.00 reduced by the amount of the application basic filing fee paid.
(o) For requesting publication of a statutory invention registration after the mailing of the first examiner's action pursuant to � 1.104-$1,840.00 reduced by the amount of the application basic filing fee paid.
(p) For submission of an information disclosure statement under � 1.97(c)...................................... $240.00
(q) For filing a petition to the Commissioner under a section listed below which refers to this paragraph -- 50.00.
� 1.41 -- to supply the name or names of the inventor or inventors after the filing date without a cover sheet as prescribed by � 1.51(c)(1) in a provisional application.
� 1.48 -- for correction of inventorship in a provisional application.
� 1.53 -- to accord a provisional application a filing date or to convert a nonprovisional application filed under � 1.53(b) to a provisional application under � 1.53(c).
(r) For entry of a submission after final rejection under � 1.129(a):
By a small entity (� 1.9(f))........................... $395.00
By other than a small entity..............................$790.00
(s) For each additional invention requested to be examined under � 1.129(b):
By a small entity (� 1.9(f))...........................$395.00
By other than a small entity.............................$790.00
[56 FR 65152, Dec. 13, 1991, as amended at 57 FR 2033, Jan 17, 1992; 57 FR 32439, July 22, 1992; 57 FR 38194, Aug. 21, 1992; 58 FR 38723, July 20, 1993, as corrected at 59 FR 45841, Aug 31, 1993; 59 FR 43740, Aug. 25, 1994; 60 FR 20221, Apr. 25, 1995; 60 FR 41022, Aug. 11, 1995; 61 FR 39585, 39587, July 30, 1996; 62 FR 40450, 40452, July 29, 1997; 62 FR 53132, 53182, Oct. 10, 1997, as corrected at 62 FR 61235, Nov. 17, 1997]
37 C.F.R. � 1.18 Patent issue fees.
(a) Issue fee for issuing each original or reissue patent, except a design or plant patent:
By a small entity (� 1.9(f)).................................$660.00
By other than a small entity...............................$1,320.00
(b) Issue fee for issuing a design patent:
By a small entity (� 1.9(f)).................................$225.00
By other than a small entity..................................$450.00
(c) Issue fee for issuing a plant patent:
By a small entity (� 1.9(f)).................................$335.00
By other than a small entity..................................$670.00
[57 FR 38195, Aug. 21, 1992; 59 FR 43740, Aug. 25, 1994; 60 FR 41022, Aug. 11, 1995; 61 FR 39585, 39588, July 30, 1996; 62 FR 40450, 40452, July 29, 1997]
37 C.F.R. � 1.19 Document supply fees.
The Patent and Trademark Office will supply copies of the following documents upon payment of the fees indicated:
(a) Uncertified copies of patents:
(1) Printed copy of a patent, including a design patent, statutory invention registration, or defensive publication document, except patent or statutory invention registration containing color drawing:
(i) Regular service . . . $3.00
(ii) Overnight delivery to PTO Box or overnight fax . . . $6.00
(iii) Expedited service for copy ordered by expedited mail or fax delivery service and delivered to the customer within two workdays . . . $25.00
(2) Printed copy of a plant patent in color . . . $15.00
(3) Copy of a utility patent or statutory invention registration containing color drawing (see � 1.84(a)(2)) . . . $25.00
(b) Certified and uncertified copies of Office documents:
(1) Certified or uncertified copy of patent application as filed
(i) Regular service . . . $15.00
(ii) Expedited regular service . . . $30.00
(2) Certified or uncertified copy of patent-related file wrapper and contents . . . $150.00
(3) Certified or uncertified copies of Office records, per document except as otherwise provided in this section . . . $25.00
(4) For assignment records, abstract of title and certification, per patent . . . $25.00
(c) Library service (35 U.S.C. 13): For providing to libraries copies of all patents issued annually, per annum . . . $50.00
(d) For list of all United States patents and statutory invention registrations in a subclass . . . $3.00
(e) Uncertified statement as to status of the payment of maintenance fees due on a patent or expiration of a patent . . . $10.00
(f) Uncertified copy of a non-United States patent document, per document . . . $25.00
(g) To compare and certify copies made from Patent and Trademark Office records, but not prepared by the Patent and Trademark Office, per copy of document . . . $25.00
(h) Additional filing receipts; duplicate; or corrected due to applicant error . . . $25.00
[56 FR 65152, Dec. 13, 1991, as amended at 57 FR 38195, Aug. 21, 1992; 58 FR 38723, July 20, 1993; 60 FR 41022, Aug. 11, 1995; 62 FR 40450, 40452, July 29, 1997]
37 C.F.R. � 1.20 Post issuance fees.
(a) For providing a certificate of correction for applicant's mistake:
(� 1.323)....................................... $100.00
(b) Petition for correction of inventorship in patent (� 1.324)............................................. $130.00
(c) For filing a request for reexamination (� 1.510(a)) ... $2,520.00
(d) For filing each statutory disclaimer (� 1.321):
By a small entity (� 1.9(f))............................ $55.00
By other than a small entity.............................. $110.00
(e) For maintaining an original or reissue patent, except a design or plant patent, based on an application filed on or after December 12, 1980, in force beyond four years; the fee is due by three years and six months after the original grant:
By a small entity (� 1.9(f)).................................$525.00
By other than a small entity................................$1,050.00
(f) For maintaining an original or reissue patent, except a design or plant patent, based on an application filed on or after December 12, 1980, in force beyond eight years; the fee is due by seven years and six months after the original grant:
By a small entity (� 1.9(f))...............................$1,050.00
By other than a small entity................................$2,100.00
(g) For maintaining an original or reissue patent, except a design or plant patent, based on an application filed on or after December 12, 1980, in force beyond twelve years; the fee is due by eleven years and six months after the original grant:
By a small entity (� 1.9(f))...............................$1,580.00
By other than a small entity................................$3,160.00
(h) Surcharge for paying a maintenance fee during the six-month grace period following the expiration of three years and six months, seven years and six months, and eleven years and six months after the date of the original grant of a patent based on an application filed on or after December 12, 1980:
By a small entity (� 1.9(f))............................ $65.00
By other than a small entity.............................. $130.00
(i) Surcharge for accepting a maintenance fee after expiration of a patent for non-timely payment of a maintenance fee where the delay in payment is shown to the satisfaction of the Commissioner to have been --
(1) Unavoidable..............................................$700.00
(2) Unintentional..........................................$1,640.00
(j) For filing an application for extension of the term of a patent.
(1) Application for extension under � 1.740.................$1,120.00
(2) Initial application for interim extension under � 1.790....$420.00
(3) Subsequent application for interim extension under � 1.790..$220.00
[56 FR 65153, Dec. 13, 1991, as amended at 57 FR 38195, Aug. 21, 1992; 57 FR 56450, Nov. 30, 1992; 58 FR 44280, Aug. 20, 1993; 59 FR 43741, Aug. 25, 1994; 60 FR 25618, May 12, 1995; 60 FR 41022, Aug. 11, 1995; 61 FR 39585, 39588, July 30, 1996; 62 FR 40450, 40453, July 29, 1997]
37 C.F.R. � 1.21 Miscellaneous fees and charges.
The Patent and Trademark Office has established the following fees for the services indicated:
(a) Registration of attorneys and agents:
(1) For admission to examination for registration to practice:
(i) Application Fee (non-refundable) ..... $40.00
(ii) Registration examination fee ..... $310.00
(2) On registration to practice ..... $100.00
(3) For reinstatement to practice ..... $40.00
(4) For certificate of good standing as an attorney or agent ..... $10.00
Suitable for framing ..... $20.00
(5) For review of a decision of the Director of Enrollment and Discipline under
� 10.2(c) ..... $130.00
(6) For requesting regrading of an examination under � 10.7(c):
(i) Regrading of morning section (PTO Practice and Procedure) ..... $230.00
(ii) Regrading of afternoon section (Claim Drafting) ..... $540.00
(b) Deposit accounts:
(1) For establishing a deposit account ..... $10.00
(2) Service charge for each month when the balance at the end of the month is:
Below $1,000 ..... $25.00
(3) Service charge for each month when the balance at the end of the month is below $300 for restricted subscription deposit accounts used exclusively for:
Subscription order of patent copies as issued ..... $25.00
(c) Disclosure document: For filing a disclosure document ..... $10.00
(d) Delivery box: Local delivery box rental, per annum ...... $50.00
(e) International type search reports: For preparing an international type search report of an international type search made at the time of the first action on the merits in a:
National patent application ..... $40.00
(f) [Reserved]
(g) Self-service copy charge, per page ..... $0.25
(h) For recording each assignment, agreement or other paper relating to the property in a patent or application, per property ..... $40.00
(i) Publication in Official Gazette: For publication in the Official Gazette of a notice of the availability of an application or a patent for licensing or sale:
Each application or patent ..... $25.00
(j) Labor charges for services, per hour or fraction thereof ..... $40.00
(k) For items and services that the Commissioner finds may be supplied, for which fees are not specified by statute or by this part, such charges as may be determined by the Commissioner with respect to each such item or service -- Actual Cost
(l) For processing and retaining any application abandoned pursuant to � 1.53(f), unless the required basic filing fee (� 1.16)
has been paid.................................................... 130.00
(m) For processing each check returned �unpaid� by a bank ..... $50.00
(n) For handling an application in which proceedings are terminated pursuant to
� 1.53(e)....................................................... 130.00
(o) Marginal cost, paid in advance, for each hour of terminal session time, including print time, using Automated Patent System full-text search capabilities, prorated for the actual time used. The Commissioner may waive the payment by an individual for access to the Automated Patent System full-text search capability (APS-Text) upon a showing of need or hardship, and if such waiver is in the public interest ..... $40.00
[56 FR 65153, Dec. 13, 1991, as amended at 57 FR 38195, Aug. 21, 1992; 57 FR 40493, Sept. 3, 1992; 59 FR 43741, Aug. 25, 1994; 60 FR 20222, Apr. 25, 1995; 60 FR 41022, Aug. 11, 1995; 61 FR 39585, 39588, July 30, 1996, as corrected at 61 FR 43400, Aug. 22, 1996; 62 FR 40450, 40453, July 29, 1997; 62 FR 53132, 53183, Oct. 10, 1997]
Continuation: 37 C.F.R. � 1.22 Fees payable in
advance.
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