United States Patent and Trademark Office OG Notices: 26 November 2002
Certain Fees to be Adjusted The United States Patent and Trademark Office (referred to as "we" or "our" in this notice) is adjusting certain patent fee amounts and a trademark fee amount to reflect fluctuations in the Consumer Price Index (CPI). Also, we are adjusting, by a corresponding amount, a few patent fees (37 CFR 1.17(e), (r), (s), and (t)) that track the affected fees (either 37 CFR 1.16(a) or 1.17(m)). The Director is authorized to adjust these fees annually by the CPI to recover the higher costs associated with doing business. In addition, we are amending several patent and trademark document supply fees to streamline operations and to benefit our customers. We are eliminating the current 37 CFR 1.19(a)(1)(ii), (a)(1)(iii), (b)(1)(i), 2.6(b)(1)(ii), (b)(1)(iii), and (b)(2)(i) fees and reducing the current 37 CFR 1.19(b)(1)(ii) and 2.6(b)(2)(ii) fees. The cost benefit from streamlining our operations will be passed on to our customers. "At cost" services are still available for urgent (e.g., same day) service. Legislation has also been introduced in the Congress that would alter our fees. If enacted, this legislation would supersede many of the fees identified in this notice. The effective date for the adjustments to the fee amounts shown below will be January 1, 2003. Small entity fee amounts, if applicable, appear in parentheses. A final rule amending the rules of practice in patent and trademark cases to indicate the new fee amounts will be published in the Federal Register. This notice satisfies the requirement for publication in the Official Gazette of the United States Patent and Trademark Office. The final rule and the new fee schedule will be posted to our Web site in the near future. Patent and trademark customers are responsible for paying the correct fee amounts. We advise our customers to refer to our official Web site (www.uspto.gov), or contact the General Information Services Division at (703) 308-4357 or (800) 786-9199 for the most current fee amounts and information. Patent Fees (Small entity fee amounts, if applicable, appear in parentheses.) Current New 37 CFR Sec. Description Fee Amount Fee Amount 1.16(a) Basic filing fee - Utility $740 ($370) $750 ($375) 1.16(a) Basic filing fee - Utility $740 ($370) $750 ($375) (CPA) 1.16(g) Plant filing fee $510 ($255) $520 ($260) 1.16(g) Plant filing fee (CPA) $510 ($255) $520 ($260) 1.16(h) Reissue filing fee $740 ($370) $750 ($375) 1.16(h) Reissue filing fee (CPA) $740 ($370) $750 ($375) 1.17(a)(2) Extension for response within $400 ($200) $410 ($205) second month 1.17(a)(3) Extension for response within $920 ($460) $930 ($465) third month 1.17(a)(4) Extension for response within $1,440 ($720) $1,450 ($725) fourth month 1.17(a)(5) Extension for response within $1,960 ($980) $1,970 ($985) fifth month 1.17(e) Request for continued $740 ($370) $750 ($375) examination (RCE) (1.114) 1.17(m) Petition to revive $1,280 ($640) $1,300 ($650) unintentionally abandoned application 1.17(r) Filing a submission after $740 ($370) $750 ($375) final rejection (1.129(a)) 1.17(s) For each additional invention $740 ($370) $750 ($375) to be examined (1.129(b)) 1.17(t) Acceptance of unintentionally $1,280 $1,300 delayed claim for priority 1.18(a) Utility issue fee $1,280 ($640) $1,300 ($650) 1.18(b) Design issue fee $460 ($230) $470 ($235) 1.18(c) Plant issue fee $620 ($310) $630 ($315) 1.20(e) Maintenance fee - due at $880 ($440) $890 ($445) 3.5 years 1.20(f) Maintenance fee - due at $2,020 ($1,010) $2,050 ($1,025) 7.5 years 1.20(g) Maintenance fee - due at $3,100 ($1,550) $3,150 ($1,575) 11.5 years 1.492(a)(1) IPEA - U.S. $710 ($355) $720 ($360) 1.492(a)(2) ISA - U.S. $740 ($370) $750 ($375) 1.492(a)(3) USPTO not ISA or IPEA $1,040 ($520) $1,060 ($530) 1.492(a)(5) Filing with EPO or JPO $890 ($445) $900 ($450) search report Trademark Fee Current New 37 CFR Sec. Description Fee Amount Fee Amount 2.6(a)(1) Application for registration, $325 $335 per class Document Supply Fees Current New Current New 37 CFR Sec. 37 CFR Sec. Description Fee Amount Fee Amount 1.19(a)(1)(i) 1.19(a)(1) Printed copy of patent $3 unchanged w/o color 1.19(b)(1)(ii) 1.19(b)(1) Certified copy of $30 $20 patent application as filed 2.6(b)(1)(i) 2.6(b)(1) Printed copy of each $3 unchanged registered mark 2.6(b)(2)(ii) 2.6(b)(2) Certified copy of $30 $15 trademark application as filed Questions concerning this notice should be forwarded to Matthew Lee by telephone at (703) 305-8051, or by e-mail at matthew.lee@uspto.gov. November 4, 2002 SANDRA L. WEISMAN Acting Chief Financial Officer and Chief Administrative Officer