37 CFR 1.20 - Post issuance fees.

§ 1.20 Post issuance fees.
(a) For providing a certificate of correction for applicant's mistake ( § 1.323 ) $150.00
(b) Processing fee for correcting inventorship in a patent ( § 1.324 ) 150.00

(c) In reexamination proceedings:

(1)

(i) For filing a request for ex parte reexamination ( § 1.510(a)) having:

(A) Forty (40) or fewer pages;

(B) Lines that are double-spaced or one-and-a-half spaced;

(C) Text written in a non-script type font such as Arial, Times New Roman, or Courier;

(D) A font size no smaller than 12 point;

(E) Margins which conform to the requirements of § 1.52(a)(1)(ii); and

(F) Sufficient clarity and contrast to permit direct reproduction and electronic capture by use of digital imaging and optical character recognition.

By a micro entity ( § 1.29 ) $1,500.00
By a small entity ( § 1.27(a) ) 3,000.00
By other than a small or micro entity 6,000.00

(ii) The following parts of an ex parte reexamination request are excluded from paragraphs (c)(1)(i)(A) through (F) of this section:

(A) The copies of every patent or printed publication relied upon in the request pursuant to § 1.510(b)(3);

(B) The copy of the entire patent for which reexamination is requested pursuant to § 1.510(b)(4); and

(C) The certifications required pursuant to § 1.510(b)(5) and (6).

(2) For filing a request for ex parte reexamination ( § 1.510(b)) which has sufficient clarity and contrast to permit direct reproduction and electronic capture by use of digital imaging and optical character recognition, and which otherwise does not comply with the provisions of paragraph (c)(1) of this section:

By a micro entity ( § 1.29 ) $3,000.00
By a small entity ( § 1.27(a) ) 6,000.00
By other than a small or micro entity 12,000.00

(3) For filing with a request for reexamination or later presentation at any other time of each claim in independent form in excess of three and also in excess of the number of claims in independent form in the patent under reexamination:

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

(4) For filing with a request for reexamination or later presentation at any other time of each claim (whether dependent or independent) in excess of 20 and also in excess of the number of claims in the patent under reexamination (note that § 1.75(c) indicates how multiple dependent claims are considered for fee calculation purposes):

By a micro entity ( § 1.29 ) $25.00
By a small entity ( § 1.27(a) ) 50.00
By other than a small or micro entity 100.00
(d) For filing each statutory disclaimer ( § 1.321 ) $160.00

(e) For maintaining an original or any 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 being due by three years and six months after the original grant:

By a micro entity ( § 1.29 ) $400.00
By a small entity ( § 1.27(a) ) 800.00
By other than a small or micro entity 1,600.00

(f) For maintaining an original or any 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 being due by seven years and six months after the original grant:

By a micro entity ( § 1.29 ) $900.00
By a small entity ( § 1.27(a) ) 1,800.00
By other than a small or micro entity 3,600.00

(g) For maintaining an original or any 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 being due by eleven years and six months after the original grant:

By a micro entity ( § 1.29 ) $1,850.00
By a small entity ( § 1.27(a) ) 3,700.00
By other than a small or micro entity 7,400.00

(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 micro entity ( § 1.29 ) $40.00
By a small entity ( § 1.27(a) ) $80.00
By other than a small or micro entity $160.00

(i) [Reserved]

(j) For filing an application for extension of the term of a patent

Application for extension under § 1.740 $1,120.00
Initial application for interim extension under § 1.790 $420.00
Subsequent application for interim extension under § 1.790 $220.00

(k) In supplemental examination proceedings:

(1) For processing and treating a request for supplemental examination:

By a micro entity ( § 1.29 ) $1,100.00
By a small entity ( § 1.27(a) ) $2,200.00
By other than a small or micro entity $4,400.00

(2) For ex parte reexamination ordered as a result of a supplemental examination proceeding:

By a micro entity ( § 1.29 ) $3,025.00
By a small entity ( § 1.27(a) ) $6,050.00
By other than a small or micro entity $12,100.00

(3) For processing and treating, in a supplemental examination proceeding, a non-patent document over 20 sheets in length, per document:

(i) Between 21 and 50 sheets:

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

(ii) For each additional 50 sheets or a fraction thereof:

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
[ 78 FR 17106, Mar. 20, 2013, as amended at 78 FR 62395, Oct. 21, 2013; 82 FR 52815, Nov. 14, 2017]

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 05-Jun-2018 04:18

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

  • 2018-01-19; vol. 83 # 13 - Friday, January 19, 2018
    1. 83 FR 2759 - Changes To Eliminate Unnecessary Regulations
      GPO FDSys XML | Text
      DEPARTMENT OF COMMERCE, United States Patent and Trademark Office
      Notice of proposed rulemaking.
      Written comments must be received on or before February 20, 2018.
      37 CFR Parts 1 and 42

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