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:

By a micro entity (§ 1.29) $70.00
By a small entity (§ 1.27(a)) 140.00
By a small entity (§ 1.27(a)) if the application is submitted in compliance with the Office electronic filing system (§ 1.27(b)(2)) 70.00
By other than a small or micro entity 280.00

(b) Basic fee for filing each application under 35 U.S.C. 111 for an original design patent:

By a micro entity (§ 1.29) $45.00
By a small entity (§ 1.27(a)) 90.00
By other than a small or micro entity 180.00

(c) Basic fee for filing each application for an original plant patent:

By a micro entity (§ 1.29) $45.00
By a small entity (§ 1.27(a)) 90.00
By other than a small or micro entity 180.00

(d) Basic fee for filing each provisional application:

By a micro entity (§ 1.29) $65.00
By a small entity (§ 1.27(a)) 130.00
By other than a small or micro entity 260.00

(e) Basic fee for filing each application for the reissue of a patent:

By a micro entity (§ 1.29) $70.00
By a small entity (§ 1.27(a)) 140.00
By other than a small or micro entity 280.00

(f) Surcharge for filing the basic filing fee, search fee, examination fee, or inventor's oath or declaration on a date later than the filing date of the application, an application that does not contain at least one claim on the filing date of the application, or an application filed by reference to a previously filed application under § 1.57(a), except provisional applications:

By a micro entity (§ 1.29) $35.00
By a small entity (§ 1.27(a)) 70.00
By other than a small or micro entity 140.00

(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 micro entity (§ 1.29) $15.00
By a small entity (§ 1.27(a)) 30.00
By other than a small or micro entity 60.00

(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 micro entity (§ 1.29) $105.00
By a small entity (§ 1.27(a)) 210.00
By other than a small or micro entity 420.00

(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 micro entity (§ 1.29) $20.00
By a small entity (§ 1.27(a)) 40.00
By other than a small or micro entity 80.00

(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 micro entity (§ 1.29) $195.00
By a small entity (§ 1.27(a)) 390.00
By other than a small or micro entity 780.00

(k) Search fee for each application filed under 35 U.S.C. 111 for an original patent, except design, plant, or provisional applications:

By a micro entity (§ 1.29) $150.00
By a small entity (§ 1.27(a)) 300.00
By other than a small or micro entity 600.00

(l) Search fee for each application under 35 U.S.C. 111 for an original design patent:

By a micro entity (§ 1.29) $30.00
By a small entity (§ 1.27(a)) 60.00
By other than a small or micro entity 120.00

(m) Search fee for each application for an original plant patent:

By a micro entity (§ 1.29) $95.00
By a small entity (§ 1.27(a)) 190.00
By other than a small or micro entity 380.00

(n) Search fee for each application for the reissue of a patent:

By a micro entity (§ 1.29) $150.00
By a small entity (§ 1.27(a)) 300.00
By other than a small or micro entity 600.00

(o) Examination fee for each application filed under 35 U.S.C. 111 for an original patent, except design, plant, or provisional applications:

By a micro entity (§ 1.29) $180.00
By a small entity (§ 1.27(a)) 360.00
By other than a small or micro entity 720.00

(p) Examination fee for each application under 35 U.S.C. 111 for an original design patent:

By a micro entity (§ 1.29) $115.00
By a small entity (§ 1.27(a)) 230.00
By other than a small or micro entity 460.00

(q) Examination fee for each application for an original plant patent:

By a micro entity (§ 1.29) $145.00
By a small entity (§ 1.27(a)) 290.00
By other than a small or micro entity 580.00

(r) Examination fee for each application for the reissue of a patent:

By a micro entity (§ 1.29) $540.00
By a small entity (§ 1.27(a)) 1,080.00
By other than a small or micro entity 2,160.00

(s) Application size fee for any application filed under 35 U.S.C. 111 for the specification and drawings which exceed 100 sheets of paper, for each additional 50 sheets or fraction thereof:

By a micro entity (§ 1.29) $100.00
By a small entity (§ 1.27(a)) 200.00
By other than a small or micro entity 400.00

(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; 77 FR 48812, Aug. 14, 2012; 77 FR 54365, Sept. 5, 2012; 78 FR 4284, Jan. 18, 2013; 78 FR 62395, Oct. 21, 2013; 80 FR 17954, Apr. 2, 2015]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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

Title 37 published on 2014-07-01

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

  • 2015-10-27; vol. 80 # 207 - Tuesday, October 27, 2015
    1. 80 FR 65649 - Changes To Facilitate Applicant's Authorization of Access to Unpublished U.S. Patent Applications by Foreign Intellectual Property Offices
      GPO FDSys XML | Text
      DEPARTMENT OF COMMERCE, Patent and Trademark Office
      Final rule.
      Effective Date: The changes in this final rule are effective on November 30, 2015. The revised ADS form (PTO/AIA/14) will be posted on the Office's Web site on or before the effective date. Applicability Date: The changes to 37 CFR 1.14(h) apply to all patent applications filed before November 30, 2015, and to all patent applications filed on or after November 30, 2015.
      37 CFR Part 1
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