37 CFR 1.20 - Post issuance fees.

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§ 1.20 Post issuance fees.
(a) For providing a certificate of correction for applicant's mistake (§ 1.323) $100.00
(b) Processing fee for correcting inventorship in a patent (§ 1.324) $130.00
(c) In reexamination proceedings:
(1) For filing a request for ex parte reexamination (§ 1.510(a)):
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
(2) [Reserved]
(3) For filing with a request for reexamination or later presentation at any other time of each claim in independent form in excess of 3 and also in excess of the number of claims in independent form in the patent under reexamination:
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
(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) $20.00
By a small entity (§ 1.27(a)) $40.00
By other than a small or micro entity $80.00
(5) If the excess claims fees required by paragraphs (c)(3) and (4) of this section are not paid with the request for reexamination or on later presentation of the claims for which the excess claims fees are due, the fees required by paragraphs (c)(3) and (4) must be paid or the claims canceled by amendment prior to the expiration of the time period set for reply by the Office in any notice of fee deficiency in order to avoid abandonment.
(6) For filing a petition in a reexamination proceeding, except for those specifically enumerated in §§ 1.550(i) and 1.937(d):
By a micro entity (§ 1.29) $485.00
By a small entity (§ 1.27(a)) $970.00
By other than a small or micro entity $1,940.00
(7) For a refused request for ex parte reexamination under § 1.510 (included in the request for ex parte reexamination fee at § 1.20(c)(1)):
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
(d) For filing each statutory disclaimer (§ 1.321) $160.00
(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 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 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 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]

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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