37 CFR 1.17 - Patent application and reexamination processing fees.

§ 1.17 Patent application and reexamination processing fees.
(a) Extension fees pursuant to § 1.136(a):
(1) For reply within first month:
By a small entity (§ 1.27(a)) $65.00
By other than a small entity $130.00
(2) For reply within second month:
By a small entity (§ 1.27(a)) $245.00
By other than a small entity $490.00
(3) For reply within third month:
By a small entity (§ 1.27(a)) $555.00
By other than a small entity $1,110.00
(4) For reply within fourth month:
By a small entity (§ 1.27(a)) $865.00
By other than a small entity $1,730.00
(5) For reply within fifth month:
By a small entity (§ 1.27(a)) $1,175.00
By other than a small entity $2,350.00
(b) For fees in proceedings before the Board of Patent Appeals and Interferences, see § 41.20 of this title.
(c) For filing a request for prioritized examination under § 1.102(e):
By a small entity (§ 1.27(a)) $2,400.00
By other than a small entity $4,800.00
(d) [Reserved]
(e) To request continued examination pursuant to § 1.114:
By a small entity (§ 1.27(a)) $405.00
By other than a small entity $810.00
(f) For filing a petition under one of the following sections which refers to this paragraph: $400.00.
§ 1.36(a)—for revocation of a power of attorney by fewer than all of the applicants.
§ 1.53(e)—to accord a filing date.
§ 1.57(a)—to accord a filing date.
§ 1.182—for decision on a question not specifically provided for.
§ 1.183—to suspend the rules.
§ 1.378(e)—for reconsideration of decision on petition refusing to accept delayed payment of maintenance fee in an expired patent.
§ 1.741(b)—to accord a filing date to an application under § 1.740 for extension of a patent term.
(g) For filing a petition under one of the following sections which refers to this paragraph: $200.00
§ 1.12—for access to an assignment record.
§ 1.14—for access to an application.
§ 1.47—for filing by other than all the inventors or a person not the inventor.
§ 1.59—for expungement of information.
§ 1.103(a)—to suspend action in an application.
§ 1.136(b)—for review of a request for extension of time when the provisions of § 1.136(a) are not available.
§ 1.295—for review of refusal to publish a statutory invention registration.
§ 1.296—to withdraw a request for publication of a statutory invention registration filed on or after the date the notice of intent to publish issued.
§ 1.377—for review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of a patent.
§ 1.550(c)—for patent owner requests for extension of time in ex parte reexamination proceedings.
§ 1.956—for patent owner requests for extension of time in inter partes reexamination proceedings.
§ 5.12—for expedited handling of a foreign filing license.
§ 5.15—for changing the scope of a license.
§ 5.25—for retroactive license.
(h) For filing a petition under one of the following sections which refers to this paragraph: $130.00.
§ 1.19(g)—to request documents in a form other than that provided in this part.
§ 1.84—for accepting color drawings or photographs.
§ 1.91—for entry of a model or exhibit.
§ 1.102(d)—to make an application special.
§ 1.138(c)—to expressly abandon an application to avoid publication.
§ 1.313—to withdraw an application from issue.
§ 1.314—to defer issuance of a patent.
(i) Processing fee for taking action under one of the following sections which refers to this paragraph: $130.00
§ 1.28(c)(3)—for processing a non-itemized fee deficiency based on an error in small entity status.
§ 1.41—for supplying 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.
§ 1.48—for correcting inventorship, except in provisional applications.
§ 1.52(d)—for processing a nonprovisional application filed with a specification in a language other than English.
§ 1.53(b)(3)—to convert a provisional application filed under § 1.53(c) into a nonprovisional application under § 1.53(b).
§ 1.55—for entry of late priority papers.
§ 1.71(g)(2)—for processing a belated amendment under § 1.71(g).
§ 1.99(e)—for processing a belated submission under § 1.99.
§ 1.102(e)—for requesting prioritized examination of an application.
§ 1.103(b)—for requesting limited suspension of action, continued prosecution application for a design patent (§ 1.53(d)).
§ 1.103(c)—for requesting limited suspension of action, request for continued examination (§ 1.114).
§ 1.103(d)—for requesting deferred examination of an application.
§ 1.217—for processing a redacted copy of a paper submitted in the file of an application in which a redacted copy was submitted for the patent application publication.
§ 1.221—for requesting voluntary publication or republication of an application.
§ 1.291(c)(5)—for processing a second or subsequent protest by the same real party in interest.
§ 1.497(d)—for filing an oath or declaration pursuant to 35 U.S.C. 371(c)(4) naming an inventive entity different from the inventive entity set forth in the international stage.
§ 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 filing a request for expedited examination under § 1.155(a)—$900.00.
(l) For filing a petition for the revival of an unavoidably abandoned application under 35 U.S.C. 111, 133, 364, or 371, for the unavoidably delayed payment of the issue fee under 35 U.S.C. 151, or for the revival of an unavoidably terminated reexamination proceeding under 35 U.S.C. 1331.137(a)):
By a small entity (§ 1.27(a)) $270.00
By other than a small entity $540.00
(m) For filing a petition for the revival of an unintentionally abandoned application, for the unintentionally delayed payment of the fee for issuing a patent, or for the revival of an unintentionally terminated reexamination proceeding under 35 U.S.C. 41(a)(7)1.137(b)):
By a small entity (§ 1.27(a)) $810.00
By other than a small entity $1,620.00
(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 an information disclosure statement under § 1.97(c) or (d) or a submission under § 1.99: $180.00.
(q) Processing fee for taking action under one of the following sections 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(c)(2)—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 (§ 1.27(a)) $405.00
By other than a small entity $810.00
(s) For each additional invention requested to be examined under § 1.129(b):
By a small entity (§ 1.27(a)) $405.00
By other than a small entity $810.00
(t) For the acceptance of an unintentionally delayed claim for priority under 35 U.S.C. 119, 120, 121, or 365(a) or (c) (§§ 1.55 and 1.78) or for filing a request for the restoration of the right of priority under § 1.452—.00.
[56 FR 65152, Dec. 13, 1991]
Editorial Note:
For Federal Register citations affecting § 1.17, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.
Beta! The text on the eCFR tab represents the unofficial eCFR text at ecfr.gov.
§ 1.17 Patent application and reexamination processing fees.

(a) Extension fees pursuant to § 1.136(a):

(1) For reply within first month:

By a micro entity (§ 1.29) $50.00
By a small entity (§ 1.27(a)) $100.00
By other than a small or micro entity $200.00

(2) For reply within second month:

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

(3) For reply within third month:

By a micro entity (§ 1.29) $350.00
By a small entity (§ 1.27(a)) $700.00
By other than a small or micro entity $1,400.00

(4) For reply within fourth month:

By a micro entity (§ 1.29) $550.00
By a small entity (§ 1.27(a)) $1,100.00
By other than a small or micro entity $2,200.00

(5) For reply within fifth month:

By a micro entity (§ 1.29) $750.00
By a small entity (§ 1.27(a)) $1,500.00
By other than a small or micro entity $3,000.00

(b) For fees in proceedings before the Patent Trial and Appeal Board, see § 41.20 and § 42.15 of this title.

(c) For filing a request for prioritized examination under § 1.102(e):

By a micro entity (§ 1.29) $1,000.00
By a small entity (§ 1.27(a)) $2,000.00
By other than a small or micro entity $4,000.00

(d) For correction of inventorship in an application after the first action on the merits:

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

(e) To request continued examination pursuant to § 1.114:

(1) For filing a first request for continued examination pursuant to § 1.114 in an application:

By a micro entity (§ 1.29) $300.00
By a small entity (§ 1.27(a)) $600.00
By other than a small or micro entity $1,200.00

(2) For filing a second or subsequent request for continued examination pursuant to § 1.114 in an application:

By a micro entity (§ 1.29) $425.00
By a small entity (§ 1.27(a)) $850.00
By other than a small or micro entity $1,700.00

(f) For filing a petition under one of the following sections which refers to this paragraph:

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

§ 1.36(a) - for revocation of a power of attorney by fewer than all of the applicants.

§ 1.53(e) - to accord a filing date.

§ 1.182 - for decision on a question not specifically provided for in an application for patent.

§ 1.183 - to suspend the rules in an application for patent.

§ 1.741(b) - to accord a filing date to an application under § 1.740 for extension of a patent term.

§ 1.1023 - to review the filing date of an international design application.

(g) For filing a petition under one of the following sections which refers to this paragraph:

By a micro entity (§ 1.29) $50.00
By a small entity (§ 1.27(a)) 100.00
By other than a small or micro entity 200.00

§ 1.12 - for access to an assignment record.

§ 1.14 - for access to an application.

§ 1.46 - for filing an application on behalf of an inventor by a person who otherwise shows sufficient proprietary interest in the matter.

§ 1.55(f) - for filing a belated certified copy of a foreign application.

§ 1.55(g) - for filing a belated certified copy of a foreign application.

§ 1.57(a) - for filing a belated certified copy of a foreign application.

§ 1.59 - for expungement of information.

§ 1.103(a) - to suspend action in an application.

§ 1.136(b) - for review of a request for extension of time when the provisions of § 1.136(a) are not available.

§ 1.377 - for review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of a patent.

§ 1.550(c) - for patent owner requests for extension of time in ex parte reexamination proceedings.

§ 1.956 - for patent owner requests for extension of time in inter partes reexamination proceedings.

§ 5.12 - for expedited handling of a foreign filing license.

§ 5.15 - for changing the scope of a license.

§ 5.25 - for retroactive license.

(h) For filing a petition under one of the following sections which refers to this paragraph:

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

§ 1.19(g) - to request documents in a form other than provided in this part.

§ 1.84 - for accepting color drawings or photographs.

§ 1.91 - for entry of a model or exhibit.

§ 1.102(d) - to make an application special.

§ 1.138(c) - to expressly abandon an application to avoid publication.

§ 1.313 - to withdraw an application from issue.

§ 1.314 - to defer issuance of a patent.

(i) Processing fees.

(1) For taking action under one of the following sections which refers to this paragraph:

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

§ 1.28(c)(3) - for processing a non-itemized fee deficiency based on an error in small entity status.

§ 1.29(k)(3) - for processing a non-itemized fee deficiency based on an error in micro entity status.

§ 1.41(b) - for supplying the name or names of the inventor or joint inventors in an application without either an application data sheet or the inventor's oath or declaration, except in provisional applications.

§ 1.48 - for correcting inventorship, except in provisional applications.

§ 1.52(d) - for processing a nonprovisional application filed with a specification in a language other than English.

§ 1.53(c)(3) - t convert a provisional application filed under § 1.53(c) into a nonprovisional application under § 1.53(b).

§ 1.71(g)(2) - for processing a belated amendment under § 1.71(g).

§ 1.102(e) - for requesting prioritized examination of an application.

§ 1.103(b) - for requesting limited suspension of action, continued prosecution application for a design patent (§ 1.53(d)).

§ 1.103(c) - for requesting limited suspension of action, request for continued examination (§ 1.114).

§ 1.103(d) - for requesting deferred examination of an application.

§ 1.291(c)(5) - for processing a second or subsequent protest by the same real party in interest.

§ 3.81 - for a patent to issue to assignee, assignment submitted after payment of the issue fee.

(2) For taking action under one of the following sections which refers to this paragraph $130.00

§ 1.217 - for processing a redacted copy of a paper submitted in the file of an application in which a redacted copy was submitted for the patent application publication.

§ 1.221 - for requesting voluntary publication or republication of an application.

(j) [Reserved]

(k) For filing a request for expedited examination under § 1.155(a):

By a micro entity (§ 1.29) $225.00
By a small entity (§ 1.27(a)) $450.00
By other than a small or micro entity. $900.00

(l) [Reserved]

(m) For filing a petition for the revival of an abandoned application for a patent, for the delayed payment of the fee for issuing each patent, for the delayed response by the patent owner in any reexamination proceeding, for the delayed payment of the fee for maintaining a patent in force, for the delayed submission of a priority or benefit claim, for the extension of the twelve-month (six-month for designs) period for filing a subsequent application (§§ 1.55(c), 1.55(e), 1.78(b), 1.78(c), 1.78(e), 1.137, 1.378, and 1.452), or for filing a petition to excuse applicant's failure to act within prescribed time limits in an international design application (§ 1.1051):

By a small entity (§ 1.27(a)) or micro entity (§ 1.29) $850.00
By other than a small or micro entity 1,700.00

(n) [Reserved]

(o) For every ten items or fraction thereof in a third-party submission under § 1.290:

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

(p) For an information disclosure statement under § 1.97(c) or (d):

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
(q) Processing fee for taking action under one of the following sections 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(c)(2) - 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 micro entity (§ 1.29) $210.00
By a small entity (§ 1.27(a)) $420.00
By other than a small or micro entity $840.00

(s) For each additional invention requested to be examined under § 1.129(b):

By a micro entity (§ 1.29) $210.00
By a small entity (§ 1.27(a)) $420.00
By other than a small or micro entity $840.00

(t) For filing a petition to convert an international design application to a design application under 35 U.S.C. chapter 16 (§ 1.1052): $180.00.

[78 FR 17105, Mar. 20, 2013, as amended at 78 FR 62395, Oct. 21, 2013; 78 FR 75252, Dec. 11, 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.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


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