37 CFR 1.16 - National application filing, search, and examination fees.

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§ 1.16 National application filing, search, and examination fees.
(a) Basic fee for filing each application under 35 U.S.C. 111 for an original patent, except design, plant, or provisional applications:
(1) For an application filed on or after December 8, 2004:
By a small entity (§ 1.27(a)) if the application is submitted in compliance with the Office electronic filing system (§ 1.27(b)(2)) $82.00
By a small entity (§ 1.27(a)) $165.00
By other than a small entity $330.00
(2) For an application filed before December 8, 2004:
By a small entity (§ 1.27(a)) $425.00
By other than a small entity $850.00
(b) Basic fee for filing each application for an original design patent:
(1) For an application filed on or after December 8, 2004:
By a small entity (§ 1.27(a)) $110.00
By other than a small entity $220.00
(2) For an application filed before December 8, 2004:
By a small entity (§ 1.27(a)) $190.00
By other than a small entity $380.00
(c) Basic fee for filing each application for an original plant patent:
(1) For an application filed on or after December 8, 2004:
By a small entity (§ 1.27(a)) $110.00
By other than a small entity $220.00
(2) For an application filed before December 8, 2004:
By a small entity (§ 1.27(a)) $300.00
By other than a small entity $600.00
(d) Basic fee for filing each provisional application:
By a small entity (§ 1.27(a)) $110.00
By other than a small entity $220.00
(e) Basic fee for filing each application for the reissue of a patent:
(1) For an application filed on or after December 8, 2004:
By a small entity (§ 1.27(a)) $165.00
By other than a small entity $330.00
(2) For an application filed before December 8, 2004:
By a small entity (§ 1.27(a)) $425.00
By other than a small entity $850.00
(f) Surcharge for filing any of the basic filing fee, the search fee, the examination fee, or the oath or declaration on a date later than the filing date of the application, except provisional applications:
By a small entity (§ 1.27(a)) $65.00
By other than a small entity $130.00
(g) Surcharge for filing the basic filing fee or cover sheet (§ 1.51(c)(1)) on a date later than the filing date of the provisional application:
By a small entity (§ 1.27(a)) $25.00
By other than a small entity $50.00
(h) In addition to the basic filing fee in an application, other than a provisional application, for filing or later presentation at any other time of each claim in independent form in excess of 3:
By a small entity (§ 1.27(a)) $110.00
By other than a small entity $220.00
(i) In addition to the basic filing fee in an application, other than a provisional application, for filing or later presentation at any other time of each claim (whether dependent or independent) in excess of 20 (note that § 1.75(c) indicates how multiple dependent claims are considered for fee calculation purposes):
By a small entity (§ 1.27(a)) $26.00
By other than a small entity $52.00
(j) In addition to the basic filing fee in an application, other than a provisional application, that contains, or is amended to contain, a multiple dependent claim, per application:
By a small entity (§ 1.27(a)) $195.00
By other than a small entity $390.00
(k) Search fee for each application filed under 35 U.S.C. 111 on or after December 8, 2004, for an original patent, except design, plant, or provisional applications:
By a small entity (§ 1.27(a)) $270.00
By other than a small entity $540.00
(l) Search fee for each application filed on or after December 8, 2004, for an original design patent:
By a small entity (§ 1.27(a)) $50.00
By other than a small entity $100.00
(m) Search fee for each application filed on or after December 8, 2004, for an original plant patent:
By a small entity (§ 1.27(a)) $165.00
By other than a small entity $330.00
(n) Search fee for each application filed on or after December 8, 2004, for the reissue of a patent:
By a small entity (§ 1.27(a)) $270.00
By other than a small entity $540.00
(o) Examination fee for each application filed under 35 U.S.C. 111 on or after December 8, 2004, for an original patent, except design, plant, or provisional applications:
By a small entity (§ 1.27(a)) $110.00
By other than a small entity $220.00
(p) Examination fee for each application filed on or after December 8, 2004, for an original design patent:
By a small entity (§ 1.27(a)) $70.00
By other than a small entity $140.00
(q) Examination fee for each application filed on or after December 8, 2004, for an original plant patent:
By a small entity (§ 1.27(a)) $85.00
By other than a small entity $170.00
(r) Examination fee for each application filed on or after December 8, 2004, for the reissue of a patent:
By a small entity (§ 1.27(a)) $325.00
By other than a small entity $650.00
(s) Application size fee for any application under 35 U.S.C. 111 filed on or after December 8, 2004, the specification and drawings of which exceed 100 sheets of paper, for each additional 50 sheets or fraction thereof:
By a small entity (§ 1.27(a)) $135.00
By other than a small entity $270.00
(t) Non-electronic filing fee for any application under 35 U.S.C. 111(a) that is filed on or after November 15, 2011, other than by the Office electronic filing system, except for a reissue, design, or plant application:
By a small entity (§ 1.27(a)) $200.00
By other than a small entity $400.00
Note to § 1.16:
See §§ 1.445, 1.482 and 1.492 for international application filing and processing fees.
[70 FR 3887, Jan. 27, 2005, as amended at 70 FR 30365, May 26, 2005; 72 FR 46901, Aug. 22, 2007; 73 FR 47540, Aug. 14, 2008; 76 FR 70653, Nov. 15, 2011]

Title 37 published on 2013-07-01

The following are only the Rules published in the Federal Register after the published date of Title 37.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-05-15; vol. 79 # 94 - Thursday, May 15, 2014
    1. 79 FR 27755 - Revisions To Implement the Patent Term Adjustment Provisions of the Leahy-Smith America Invents Act Technical Corrections Act
      GPO FDSys XML | Text
      DEPARTMENT OF COMMERCE, United States Patent and Trademark Office
      Final rule.
      Effective Date: This final rule is effective on May 15, 2014. The interim rule, published April 1, 2013, at 78 FR 19416, was effective on April 1, 2013. Applicability Date: The amendments to 37 CFR 1.702, 1.703, and 1.705 apply to any patent granted on or after January 14, 2013. The amendment to 37 CFR 1.704 applies to any application in which a notice of allowance was mailed on or after April 1, 2013. The optional procedure for requesting a patent term adjustment recalculation applies only to patents issued between January 14, 2013, and May 20, 2014, that resulted directly from international applications, and the request must be filed no later than July 31, 2014.
      37 CFR Part 1

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United States Code
U.S. Code: Title 35 - PATENTS

Title 37 published on 2013-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 37 CFR 1 after this date.

  • 2014-06-18; vol. 79 # 117 - Wednesday, June 18, 2014
    1. 79 FR 34681 - Changes to Patent Term Adjustment in View of the Federal Circuit Decision in Novartis v. Lee
      GPO FDSys XML | Text
      DEPARTMENT OF COMMERCE, United States Patent and Trademark Office
      Notice of proposed rulemaking.
      Comment Deadline Date: Written comments must be received on or before August 18, 2014.
      37 CFR Part 1