(55) DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 1
[Docket No. 98-0713170-8289-03]
RIN 0651-AA96
Revision of Patent Fees for Fiscal Year 1999
AGENCY: Patent and Trademark Office, Commerce.
ACTION: Final Rule.
SUMMARY: The Patent and Trademark Office (PTO) is amending the rules of
practice in patent cases to reduce patent "statutory" fee amounts to
conform to the fee amounts set by law in the United States Patent and
Trademark Office Reauthorization Act, Fiscal Year 1999 (Public Law
105-358). The PTO is reducing, by a corresponding amount, a few fees
that track the statutory fees. The PTO is also reducing a non-statutory
fee to reflect current business practice. This final rule supersedes the
final rule that was published on July 24, 1998, and corrected on
September 3, 1998.
EFFECTIVE DATE: The effective date for the amendments to the fee amounts
in 37 CFR 1.16, 1.17(a) through (d), (l), and (m), 1.18, 1.20, and 1.492
is the date of enactment of Public Law 105-358 (November 10, 1998). The
effective date for the amendments to the fee amounts in 37 CFR 1.17(r)
and (s), and 1.21(a)(6)(ii) is December 8, 1998.
FOR FURTHER INFORMATION CONTACT: Matthew Lee by telephone at (703)
305-8051, by facsimile at (703) 305-8007, or by e-mail at
matthew.lee@uspto.gov.
SUPPLEMENTARY INFORMATION: This final rule adjusts PTO fees in
accordance with the United States Patent and Trademark Office
Reauthorization Act, Fiscal Year 1999 (Public Law 105-358).
Background
Patent fees are authorized by 35 U.S.C. 41 and 35 U.S.C. 376. The fees
established under 35 U.S.C. 41(a) and (b) are referred to as the
"statutory" fees. Subsection 41(f) of title 35, United States Code,
provides that fees established under 35 U.S.C. 41(a) and (b) may be
adjusted on an annual basis to reflect fluctuations in the Consumer
Price Index (CPI). Section 10101 of the Omnibus Budget Reconciliation
Act of 1990 (amended by section 8001 of Public Law 103-66) provided that
there would be a surcharge on all fees established under 35 U.S.C. 41(a)
and (b). This surcharge provision was scheduled to expire on October 1,
1998.
Against this background, the PTO published a final rule in the Federal
Register of July 24, 1998, that revised patent fees for fiscal year 1999
(63 FR 39731). See also 63 FR 46891 (September 3, 1998) (correcting one
of the fee amounts specified in the July 24, 1998 final rule).The final
rule had an effective date of October 1, 1998. The notice provided that
if superseding legislation were passed, the PTO would publish a document
in the Federal Register to ensure that the fees established under the
final rule would not take effect.
Superseding legislation was passed. First, a series of continuing
resolution appropriations bills were enacted that maintained PTO fee
amounts at fiscal year 1998 rates from October 1, 1998, through October
21, 1998. See H.J. Res. 128, P.L. 105-240; H.J. Res. 133, P.L. 105-249;
H.J. Res. 134, P.L. 105-254; H.J. Res. 135, P.L. 105-257; H.J. Res. 136,
P.L. 105-260; and H.J. Res. 137, P.L. 105-273. In response, the PTO
published a final rule in the Federal Register of October 1, 1998, which
delayed the effective date of the July 24, 1998 final rule(63 FR 46891).
Second, the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (P.L. 105-277) was signed by the President on
October 21, 1998. It maintained patent fees at their September 30, 1998
(fiscal year 1998) rates through either enactment of a reauthorization
statute, or if no such statute, then June 15, 1999. Thus, it also
superseded the PTO's July 24, 1998 final rule.
Finally, the United States Patent and Trademark Office Reauthorization
Act, Fiscal Year 1999 (Public Law 105-358) was signed by the President
on November 10, 1998. Public Law 105-358 amends 35 U.S.C. 41(a) and (b)
and, thus, statutorily resets 35 U.S.C. 41(a) and (b) fees.That is, the
fees established under 35 U.S.C. 41(a) and (b)--which in previous years
had been determined using a base amount, a surcharge amount, and
cumulative CPI adjustments--are for the balance of fiscal year 1999 set
at the amounts specified in Public Law 105-358. (In future years, these
fees may be adjusted to reflect fluctuations in the CPI.)
This final rule conforms the patent fees set forth in 37 CFR 1.16,
1.17(a) through (d), (l), and (m), 1.18, 1.20, and 1.492 to the fee
amounts specified in Public Law 105-358. Specifically, it amends the
following sections to correspond to the patent fees specified in amended
35 U.S.C. 41(a):
1.16 (paragraphs (a) through (d), and (f) through (j)),
1.17 (paragraphs (a) through (d), (l) and (m)),
1.18 (paragraphs (a) through (c)), and
1.492 (paragraphs (a) through (d)).
Section 1.20 (paragraphs (d) through (g)) is amended to indicate the
patent fees specified in amended 35 U.S.C. 41(b).
This final rule also adjusts two fees that track statutory fees, and one
non-statutory fee. Section 1.17, paragraphs (r) and (s), is reduced to
correspond to the fee provided in 35 U.S.C. 41(a)(1)(A), as amended by
Public Law 105-358. Section 1.21(a)(6)(ii) is being reduced to reflect
current business practice. The adjustment to section 1.21(a)(6)(ii) was
announced in the July 24, 1998 final rule.
Public Law 105-358 supersedes Public Law 105-277. The present notice
therefore supersedes any and all prior notices or corrections revising
patent fees for fiscal year 1999.
A comparison of the September 30, 1998 fee amounts (i.e., the fiscal
year 1998 fee amounts) and the new fee amounts for fiscal year 1999 is
included as an Appendix to this final rule.
Procedures for determining the fee owed during the transition to the new
fee schedule. With two exceptions, any fee amount that is paid on or
after the effective date of the final fee adjustment would be subject to
the new fees then in effect. As will be further explained below, the two
exceptions are the filing fee required for a patent application filed
under 35 U.S.C. 111 and the national fee for an application entering the
national stage under 35 U.S.C. 371.
If a Certificate of Mailing or Transmission was used, and was proper
under 1.8(a)(1), the fee required is the lower of:
(1) the fee in effect on the date the PTO receives the fee; or
(2) the fee in effect on the date of mailing indicated on a proper
Certificate of Mailing or Transmission under 1.8(a)(1).
Items for which a Certificate of Mailing or Transmission under
1.8(a)(1) is not proper include, for example, Continued Prosecution
Applications (CPAs) under 1.53(d) and other national and
international applications for patents. See 37 CFR 1.8(a)(2).
Under 1.10(a), any correspondence delivered by the "Express Mail Post
Office to Addressee" service of the United States Postal Service (USPS)
is considered filed or received in the Office on the date of deposit
with the USPS. The date of deposit with the USPS is shown by the
"date-in" on the "Express Mail" mailing label or other official USPS
notation.
a. The filing fee for applications filed under 35 U.S.C. 111 and 37 CFR
1.53 35 U.S.C. 111 provides for the filing of a patent application with
the PTO. If the filing fee for an application filed under 35 U.S.C. 111
is received when the application is filed, the filing fee required is
the filing fee in effect on the filing date assigned the application. If
the PTO receives the filing fee on a date later than the filing date
assigned the application, the filing fee required is the higher of:
(1) the filing fee in effect on the filing date assigned the
application; or
(2) the filing fee in effect on the date the PTO receives the filing
fee.
The filing fee includes the basic fee, excess claims fees (if any), and
the multiple dependent claim fee (if any), for claims present on filing
(unless the excess or multiple dependent claims are canceled before the
filing fee is paid). Of course, if the basic filing fee is received on a
date later than the filing date assigned the application filed under 35
U.S.C. 111, a surcharge as set forth in 1.16(e) is also required.
b. The fees for international applications entering the national stage
under 35 U.S.C. 371 and 37 CFR 1.494 or 1.495
35 U.S.C. 371 provides for the national stage filing of a patent
application under the Patent Cooperation Treaty. The basic national fee
for an international application entering the national stage is due not
later than the expiration of 20 months from the priority date in the
international application (or 30 months from the priority date if the
United States was elected prior to the expiration of 19 months from the
priority date). The amount of the basic national fee that is required to
be paid is the basic national fee in effect on the date the full fee is
received.
The excess claim fees or the multiple dependent claim fee is the higher
of:
(1) the excess claims fees and the multiple dependent claim fee in
effect on the date the PTO receives the basic national fee; or
(2) the excess claims fees and the multiple dependent claim fee in
effect on the date the PTO receives (any of) these fees.
In this respect, the practice for determining the fees due for excess
claims and any multiple dependent claim when entering into the national
stage is analogous to the practice for applications filed under 35
U.S.C. 111.
Fees for claims which are added after entry into the national stage are
determined by the fees in effect (for excess claims and multiple
dependent claim) on the date the PTO receives the fee(s).
Other Considerations
This final rule contains no information collection within the meaning of
the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. This final
rule has been determined to be significant for purposes of Executive
Order 12866.
This final rule conforms the patent fees indicated in Part 1 of title
37, Code of Federal Regulations, to the patent fee amounts set by law.
Therefore, prior notice and an opportunity for public comment are not
required pursuant to 5 U.S.C. 553 (or any other law), and 30-day prior
publication in the Federal Register and the Official Gazette of the
Patent and Trademark Office is not required pursuant to 35 U.S.C. 41(f).
As prior notice and an opportunity for public comment are not required
pursuant to 5 U.S.C. 553, or any other law, the analytical requirements
of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable
Lists of Subjects
37 CFR Part 1
Administrative practice and procedure, Inventions and patents, Reporting
and record keeping requirements, Small businesses.
Part 1 - Rules of Practice in Patent Cases
1. The authority citation for 37 CFR Part 1 continues to read as follows:
Authority: 35 U.S.C. 6, unless otherwise noted.
2. Section 1.16 is amended by revising paragraphs (a) through (d), and
(f) through (j), to read as follows:
1.16 National application filing fees.
(a) Basic fee for filing each application for an original patent, except
provisional, design or plant applications:
By a small entity ( 1.9(f)) $380.00
By other than a small entity $760.00
(b) In addition to the basic filing fee in an original application,
except provisional applications, for filing or later presentation of
each independent claim in excess of 3:
By a small entity ( 1.9(f)) $39.00
By other than a small entity $78.00
(c) In addition to the basic filing fee in an original application,
except provisional applications, for filing or later presentation of
each claim in excess of 20 (Note that 1.75(c) indicates how multiple
dependent claims are considered for fee purposes.):
By a small entity ( 1.9(f)) $9.00
By other than a small entity $18.00
(d) In addition to the basic filing fee in an original application,
except provisional applications, if the application contains, or is
amended to contain, a multiple dependent claim(s), per application:
By a small entity ( 1.9(f)) $130.00
By other than a small entity $260.00
*****
(f) Basic fee for filing each design application:
By a small entity ( 1.9(f)) $155.00
By other than a small entity $310.00
(g) Basic fee for filing each plant application, except provisional
applications:
By a small entity ( 1.9(f)) $240.00
By other than a small entity $480.00
(h) Basic fee for filing each reissue application:
By a small entity ( 1.9(f)) $380.00
By other than a small entity $760.00
(i) In addition to the basic filing fee in a reissue application, for
filing or later presentation of each independent claim which is in
excess of the number of independent claims in the original patent:
By a small entity ( 1.9(f)) $39.00
By other than a small entity $78.00
(j) In addition to the basic filing fee in a reissue application, for
filing or later presentation of each claim (whether independent or
dependent) in excess of 20 and also in excess of the number of claims in
the original patent (Note that 1.75(c) indicates how multiple
dependent claims are considered for fee purposes.):
By a small entity ( 1.9(f)) $9.00
By other than a small entity $18.00
*****
3. Section 1.17 is amended by revising paragraphs (a)(1) through (5),
(b) through (d), (l), (m), (r), and (s), to read as follows:
1.17 Patent application processing fees.
(a)***
(1) For reply within first month:
By a small entity ( 1.9(f)) $55.00
By other than a small entity $110.00
(2) For reply within second month:
By a small entity ( 1.9(f)) $190.00
By other than a small entity $380.00
(3) For reply within third month:
By a small entity ( 1.9(f)) $435.00
By other than a small entity $870.00
(4) For reply within fourth month:
By a small entity ( 1.9(f)) $680.00
By other than a small entity $1,360.00
(5) For reply within fifth month:
By a small entity ( 1.9(f)) $925.00
By other than a small entity $1,850.00
(b) For filing a notice of appeal from the examiner to the Board of
Patent Appeals and Interferences:
By a small entity ( 1.9(f)) $150.00
By other than a small entity $300.00
(c) In addition to the fee for filing a notice of appeal, for filing a
brief in support of an appeal:
By a small entity ( 1.9 (f)) $150.00
By other than a small entity $300.00
(d) For filing a request for an oral hearing before the Board of Patent
Appeals and Interferences in an appeal under 35 U.S.C. 134:
By a small entity ( 1.9(f)) $130.00
By other than a small entity $260.00
*****
(l) For filing a petition:
(1) For the revival of an unavoidably abandoned application under 35
U.S.C. 111, 133, 364, or 371, or
(2) For delayed payment of the issue fee under 35 U.S.C. 151 (
1.137(a)):
By a small entity ( 1.9(f)) $55.00
By other than a small entity $110.00
(m) For filing a petition:
(1) For revival of an unintentionally abandoned application, or
(2) For the unintentionally delayed payment of the fee for issuing a
patent ( 1.137(b)):
By a small entity ( 1.9(f)) $605.00
By other than a small entity $1,210.00
*****
(r) For entry of a submission after final rejection under 1.129(a):
By a small entity ( 1.9(f)) $380.00
By other than a small entity $760.00
(s) For each additional invention requested to be examined under
1.129(b):
By a small entity ( 1.9(f)) $380.00
By other than a small entity $760.00
4. Section 1.18 is revised to read as follows:
1.18 Patent issue fees.
(a) Issue fee for issuing each original or reissue patent, except a
design or plant patent:
By a small entity ( 1.9(f)) $605.00
By other than a small entity $1,210.00
(b) Issue fee for issuing a design patent:
By a small entity ( 1.9(f)) $215.00
By other than a small entity $430.00
(c) Issue fee for issuing a plant patent:
By a small entity ( 1.9(f)) $290.00
By other than a small entity $580.00
5. Section 1.20 is amended by revising paragraphs (d) through (g) to
read as follows:
1.20 Post issuance fees.
*****
(d) For filing each statutory disclaimer ( 1.321):
By a small entity ( 1.9(f)) $55.00
By other than a small entity $110.00
(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 is due by three years and six
months after the original grant:
By a small entity ( 1.9(f)) $470.00
By other than a small entity $940.00
(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 is due by seven years and six
months after the original grant:
By a small entity ( 1.9(f)) $950.00
By other than a small entity $1,900.00
(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 is due by eleven years and
six months after the original grant:
By a small entity ( 1.9(f)) $1,455.00
By other than a small entity $2,910.00
*****
6. Section 1.21 is amended by revising paragraph (a)(6)(ii) to read
as follows:
1.21 Miscellaneous fees and charges.
*****
(a)***
(6)***
(ii) Regrading of afternoon section
(Claim Drafting) $230.00
*****
7. Section 1.492 is amended by revising paragraphs (a) through (d), to
read as follows:
1.492 National stage fees.
*****
(a) The basic national fee:
(1) Where an international preliminary examination fee as set forth in
1.482 has been paid on the international application to the United
States Patent and Trademark Office:
By a small entity ( 1.9(f)) $335.00
By other than a small entity $670.00
(2) Where no international preliminary examination fee as set forth in
1.482 has been paid to the United States Patent and Trademark Office,
but an international search fee as set forth in 1.445(a)(2) has been
paid on the international application to the United States Patent and
Trademark Office as an International Searching Authority:
By a small entity ( 1.9(f)) $380.00
By other than a small entity $760.00
(3) Where no international preliminary examination fee as set forth in
1.482 has been paid and no international search fee as set forth in
1.445(a)(2) has been paid on the international application to the United
States Patent and Trademark Office:
By a small entity ( 1.9(f)) $485.00
By other than a small entity $970.00
(4) Where an international preliminary examination fee as set forth in
1.482 has been paid to the United States Patent and Trademark Office and
the international preliminary examination report states that the
criteria of novelty, inventive step (non-obviousness), and industrial
applicability, as defined in PCT Article 33 (1) to (4) have been
satisfied for all the claims presented in the application entering the
national stage (see 1.496(b)):
By a small entity ( 1.9(f)) $48.00
By other than a small entity $96.00
(5) Where a search report on the international application has been
prepared by the European Patent Office or the Japanese Patent Office:
By a small entity ( 1.9(f)) $420.00
By other than a small entity $840.00
(b) In addition to the basic national fee, for filing or later
presentation of each independent claim in excess of 3:
By a small entity ( 1.9(f)) $39.00
By other than a small entity $78.00
(c) In addition to the basic national fee, for filing or later
presentation of each claim (whether independent or dependent) in excess
of 20 (Note that 1.75(c) indicates how multiple dependent claims are
considered for fee calculation purposes.):
By a small entity ( 1.9(f)) $9.00
By other than a small entity $18.00
(d) In addition to the basic national fee, if the application contains,
or is amended to contain, a multiple dependent claim(s), per application:
By a small entity ( 1.9(f)) $130.00
By other than a small entity $260.00
*****
December 2, 1998 Q. TODD DICKINSON
Deputy Commissioner of
Patents and Trademarks
NOTE - The following appendix is provided as a courtesy to the public,
but is not a substitute for the rules. It will not appear in the Code of
Federal Regulations.
Appendix A - Comparison of Prior and New Reduced Fee Amounts
- Indicates fees remain at FY 1998 amount
Fee 37 CFR FY FY
Code Sec. DESCRIPTION 1998 1999
101 1.16(a) Basic Filing Fee $790 $760
201 1.16(a) Basic Filing Fee $395 $380
(Small Entity)
102 1.16(b) Independent Claims $82 $78
202 1.16(b) Independent Claims $41 $39
(Small Entity)
103 1.16(c) Claims in Excess of 20 $22 $18
203 1.16(c) Claims in Excess of 20 $11 $9
(Small Entity)
104 1.16(d) Multiple Dependent Claims $270 $260
204 1.16(d) Multiple Dependent Claims $135 $130
(Small Entity)
105 1.16(e) Surcharge - Late Filing Fee $130 -
205 1.16(e) Surcharge - Late Filing Fee $65 -
(Small Entity)
106 1.16(f) Design Filing Fee $330 $310
206 1.16(f) Design Filing Fee $165 $155
(Small Entity)
107 1.16(g) Plant Filing Fee $540 $480
207 1.16(g) Plant Filing Fee $270 $240
(Small Entity)
108 1.16(h) Reissue Filing Fee $790 $760
208 1.16(h) Reissue Filing Fee $395 $380
(Small Entity)
109 1.16(i) Reissue Independent Claims $82 $78
209 1.16(i) Reissue Independent Claims $41 $39
(Small Entity)
110 1.16(j) Reissue Claims in Excess $22 $18
of 20
210 1.16(j) Reissue Claims in Excess $11 $9
of 20 (Small Entity)
114 1.16(k) Provisional Application $150 -
Filing Fee
214 1.16(k) Provisional Application $75 -
Filing Fee (Small Entity)
127 1.16(l) Surcharge - Incomplete $50 -
Provisional App. Filed
227 1.16(l) Surcharge - Incomplete $25 -
Provisional App. Filed
(Small Entity)
115 1.17(a)(1) Extension - First Month $110 -
215 1.17(a)(1) Extension - First Month $55 -
(Small Entity)
116 1.17(a)(2) Extension - Second Month $400 $380
216 1.17(a)(2) Extension - Second Month $200 $190
(Small Entity)
117 1.17(a)(3) Extension - Third Month $950 $870
217 1.17(a)(3) Extension - Third Month $475 $435
(Small Entity)
118 1.17(a)(4) Extension - Fourth Month $1,510 $1,360
218 1.17(a)(4) Extension - Fourth Month $755 $680
(Small Entity)
128 1.17(a)(5) Extension - Fifth Month $2,060 $1,850
228 1.17(a)(5) Extension - Fifth Month $1,030 $925
(Small Entity)
119 1.17(b) Notice of Appeal $310 $300
219 1.17(b) Notice of Appeal $155 $150
120 1.17(c) Filing a Brief $310 $300
220 1.17(c) Filing a Brief (Small Entity) $155 $150
121 1.17(d) Request for Oral Hearing $270 $260
221 1.17(d) Request for Oral Hearing $135 $130
(Small Entity)
122 1.17(h) Petition - Not All Inventors $130 -
122 1.17(h) Petition - Correction of $130 -
Inventorship
122 1.17(h) Petition - Decision on $130 -
Questions
122 1.17(h) Petition - Suspend Rules $130 -
122 1.17(h) Petition - Expedited License $130 -
122 1.17(h) Petition - Scope of License $130 -
122 1.17(h) Petition - Retroactive $130 -
License
122 1.17(h) Petition - Refusing $130 -
Maintenance Fee
122 1.17(h) Petition - Refusing $130 -
Maintenance Fee - Expired Patent
122 1.17(h) Petition - Interference $130 -
122 1.17(h) Petition - Reconsider $130 -
Interference
122 1.17(h) Petition - Late Filing of $130 -
Interference
122 1.20(b) Petition - Correction of $130 -
Inventorship
122 1.17(h) Petition - Refusal to $130 -
Publish SIR
122 1.17(i) Petition - For Assignment $130 -
122 1.17(i) Petition - For Application $130 -
122 1.17(i) Petition - Late Priority $130 -
Papers
122 1.17(i) Petition - Suspend Action $130 -
122 1.17(i) Petition - Divisional $130 -
Reissues to Issue Separately
122 1.17(i) Petition - For Interference $130 -
Agreement
122 1.17(i) Petition - Amendment $130 -
After Issue
122 1.17(i) Petition - Withdrawal $130 -
After Issue
122 1.17(i) Petition - Defer Issue $130 -
122 1.17(i) Petition - Issue to Assignee $130 -
122 1.17(i) Petition - Accord a Filing $130 -
Date Under 1.53
122 1.17(i) Petition - Accord a Filing $130 -
Date Under 1.62
122 1.17(i) Petition - Make Application $130 -
Special
138 1.17(j) Petition - Public Use $1,510 -
Proceeding
139 1.17(k) Non-English Specification $130 -
140 1.17(l) Petition - Revive Abandoned $110 -
Appl.
240 1.17(l) Petition - Revive Abandoned $55 -
Appl. (Small Entity)
141 1.17(m) Petition - Revive Appl. $1,320 $1,210
241 1.17(m) Petition - Revive Unintent $660 $605
Abandoned Appl. (Small Entity)
112 1.17(n) SIR - Prior to Examiner's $920 -
Action
113 1.17(o) SIR - After Examiner's Action $1,840 -
126 1.17(p) Submission of an Information $240 -
DisclosureStatement ( 1.97)
123 1.17(q) Petition - Correction of $50 -
Inventorship (Prov. App.)
123 1.17(q) Petition - Accord a filing $50 -
date (Prov. App.)
123 1.17(q) Petition - Entry of $50 -
submission after final
rejection (Prov. App.)
146 1.17(r) Filing a submission after $790 $760
final rejection(1.129(a))
246 1.17(r) Filing a submission after $395 $380
final rejection1.129(a))
(Small Entity)
149 1.17(s) Per add'l invention to be $790 $760
examined (1.129(b))
249 1.17(s) Per add'l invention to be $395 $380
examined (1.129(b))
(Small Entity)
142 1.18(a) Issue Fee $1,320 $1,210
242 1.18(a) Issue Fee (Small Entity) $660 $605
143 1.18(b) Design Issue Fee $450 $430
243 1.18(b) Design Issue Fee $225 $215
(Small Entity)
144 1.18(c) Plant Issue Fee $670 $580
244 1.18(c) Plant Issue Fee $335 $290
(Small Entity)
561 1.19(a)(1)(i) Copy of Patent $3 -
562 1.19(a)(1)(ii) Patent Copy - Overnight $6 -
delivery to PTO Box or
overnight fax
563 1.19(a)(1)(iii) Patent Copy Ordered by $25 -
Expedited Mail or Fax -
Exp. service
564 1.19(a)(2) Plant Patent Copy $15 -
565 1.19(a)(3)(i) Copy of Utility Patent or $25 -
SIR in Color
566 1.19(b)(1)(i) Certified Copy of Patent $15 -
Application as Filed
567 1.19(b)(1)(ii) Certified Copy of Patent $30 -
Application as Filed,
Expedited
568 1.19(b)(2) Cert or Uncert Copy of $150 -
Patent-Related File
Wrapper/Contents
569 1.19(b)(3) Cert. or Uncert. Copies of $25 -
Office Records,per Document
570 1.19(b)(4) For Assignment Records, $25 -
Abstract of Title and
Certification
571 1.19(c) Library Service $50 -
572 1.19(d) List of Patents in Subclass $3 -
573 1.19(e) Uncertified Statement-Status $10 -
of Maintenance Fee Payment
574 1.19(f) Copy of Non-U.S. Patent $25 -
Document
575 1.19(g) Comparing and Certifying $25 -
Copies, Per Document,
Per Copy
576 1.19(h) Duplicate or Corrected $25 -
Filing Receipt
145 1.20(a) Certificate of Correction $100 -
147 1.20(c) Reexamination $2,520 -
148 1.20(d) Statutory Disclaimer $110 -
248 1.20(d) Statutory Disclaimer $55 -
(Small Entity)
183 1.20(e) Maintenance Fee - 3.5 Years $1,050 $940
283 1.20(e) Maintenance Fee - 3.5 Years $525 $470
(Small Entity)
184 1.20(f) Maintenance Fee - 7.5 Years $2,100 $1,900
284 1.20(f) Maintenance Fee - 7.5 Years $1,050 $950
(Small Entity)
185 1.20(g) Maintenance Fee - 11.5 Years $3,160 $2,910
285 1.20(g) Maintenance Fee - 11.5 Years $1,580 $1,455
(Small Entity)
186 1.20(h) Surcharge - $130 -
Maintenance Fee - 6 Months
286 1.20(h) Surcharge - $65 -
Maintenance Fee - 6 Months
(Small Entity)
187 1.20(i)(1) Surcharge - $700 -
Maintenance After
Expiration - Unavoidable
188 1.20(i)(2) Surcharge - Maintenance $1,640 -
After Expiration -
Unintentional
111 1.20(j)(1) Extension of Term of $1,120 -
Patent Under 1.740
124 1.20(j)(2) Initial Application for $420 -
Interim Extension
Under 1.790
125 1.20(j)(3) Subsequent Application for $220 -
Interim Extension
Under 1.790
609 1.21(a)(1)(i) Application Fee $40 -
(non-refundable)
619 1.21(a)(1)(ii) Registration examination fee $310 -
610 1.21(a)(2) Registration to Practice $100 -
611 1.21(a)(3) Reinstatement to Practice $40 -
612 1.21(a)(4) Certificate of Good Standing $10 -
613 1.21(a)(4) Certificate of Good Standing, $20 -
Suitable for Framing
615 1.21(a)(5) Review of Decision of $130 -
Director, OED
616 1.21(a)(6)(i) Regrading of A.M. section $230 -
(PTO Practiceand Procedure)
620 1.21(a)(6)(ii) Regrading of P.M. section $540 $230
(Claim Drafting)
607 1.21(b)(1) Establish Deposit Account $10 -
608 1.21(b)(2) Service Charge Below $25 -
Minimum Balance
608 1.21(b)(3) Service Charge Below $25 -
Minimum Balance
577 1.21(c) Filing a Disclosure Document $10 -
578 1.21(d) Box Rental $50 -
579 1.21(e) International Type $40 -
Search Report
580 1.21(g) Self-Service Copy Charge $.25 -
581 1.21(h) Recording Patent Property $40 -
583 1.21(i) Publication in the OG $25 -
584 1.21(j) Labor Charges for Services $40 -
585 1.21(k) Unspecified Other Services Actual Cost -
592 1.21(k) Terminal Use APS-CSIR $50 -
(per hour)
586 1.21(l) Retaining abandoned $130 -
application
617 1.21(m) Processing Returned Checks $50 -
587 1.21(n) Handling Fee - Incomplete $130 -
Application
588 1.21(o) Terminal Use APS-TEXT $40 -
590 1.24 Coupons for Patent and $3 -
Trademark Copies
589 1.296 Handling Fee - $130 -
Withdrawal SIR
150 1.445(a)(1) Transmittal Fee $240 -
153 1.445(a)(2)(i) PCT Search Fee - $450 -
Prior U.S. Application
151 1.445(a)(2)(ii) PCT Search Fee - $700 -
No U.S. Application
152 1.445(a)(3) Supplemental Search $210 -
190 1.482(a)(1)(i) Preliminary Exam Fee $490 -
191 1.482(a)(1)(ii) Preliminary Exam Fee $750 -
192 1.482(a)(2)(i) Additional Invention $140 -
193 1.482(a)(2)(ii) Additional Invention $270 -
956 1.492(a)(1) Preliminary Examining $720 $670
Authority
957 1.492(a)(1) Preliminary Examining $360 $335
Authority (Small Entity)
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959 1.492(a)(2) Searching Authority $395 $380
(Small Entity)
960 1.492(a)(3) PTO Not ISA nor IPEA $1,070 $970
961 1.492(a)(3) PTO Not ISA nor IPEA $535 $485
(Small Entity)
962 1.492(a)(4) Claims - IPEA $98 $96
963 1.492(a)(4) Claims - IPEA (Small Entity) $49 $48
970 1.492(a)(5) Filing with EPO/JPO Search $930 $840
Report
971 1.492(a)(5) Filing with EPO/JPO Search $465 $420
Report (Small Entity)
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(Over 3)
965 1.492(b) Claims - Extra Individual $41 $34
(Over 3) (Small Entity)
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(Over 20)
967 1.492(c) Claims - Extra Total $11 $9
(Over 20) (Small Entity)
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969 1.492(d) Claims - Multiple Dependents $135 $130
(Small Entity)
154 1.492(e) Surcharge $130 -
254 1.492(e) Surcharge (Small Entity) $65 -
156 1.492(f) English Translation - $130 -
After 20 Months
361 2.6(a)(1) Application for Registration, $245 -
Per Class
362 2.6(a)(2) Amendment to Allege Use, $100 -
Per Class
363 2.6(a)(3) Statement of Use, Per Class $100 -
364 2.6(a)(4) Extension for Filing $100 -
Statement of Use, Per Class
365 2.6(a)(5) Application for Renewal, $300 -
Per Class
366 2.6(a)(6) Surcharge for Late Renewal, $100 -
Per Class
367 2.6(a)(7) Publication of Mark Under $100 -
12(c), Per Class
368 2.6(a)(8) Issuing New Certificate of $100 -
Registration
369 2.6(a)(9) Certificate of Correction $100 -
of Registrant's Error
370 2.6(a)(10) Filing Disclaimer to $100 -
Registration
371 2.6(a)(11) Filing Amendment to $100 -
Registration
372 2.6(a)(12) Filing Affidavit Under $100 -
Section 8, Per Class
373 2.6(a)(13) Filing Affidavit Under $100 -
Section 15, Per Class
374 2.6(a)(14) Filing Affidavit Under $200 -
Sections 8 & 15, PerClass
375 2.6(a)(15) Petitions to the $100 -
Commissioner
376 2.6(a)(16) Petition to Cancel, $200 -
Per Class
377 2.6(a)(17) Notice of Opposition, $200 -
Per Class
378 2.6(a)(18) Ex Parte Appeal to the TTAB, $100 -
Per Class
379 2.6(a)(19) Dividing an Application, $100 -
Per New Application Created
461 2.6(b)(1)(i) Copy of Registered Mark $3 -
overnight delivery to
PTO box or fax
462 2.6(b)(1)(ii) Copy of Registered Mark, $6 -
463 2.6(b)(1)(iii) Copy of Reg. Mark Ordered $25 -
Via Exp.Mail or Fax, Exp. Svc.
466 2.6(b)(2)(i) Certified Copy of TM $15 -
Application as Filed
467 2.6(b)(2)(ii) Certified Copy of TM $30 -
Application as Filed,
Expedited
468 2.6(b)(3) Cert. or Uncert. Copy $50 -
of TM-Related File
Wrapper/Contents
464 2.6(b)(4)(i) Cert. Copy of Registered $15 -
Mark, Title or Status
465 2.6(b)(4)(ii) Cert. Copy of Registered $30 -
Mark, Title or Status -
Expedited
469 2.6(b)(5) Certified or Uncertified $25 -
Copy of TM Records
481 2.6(b)(6) Recording Trademark $40 -
Property, Per Mark,
Per Document
482 2.6(b)(6) For Second and Subsequent $25 -
Marks in Same Document
470 2.6(b)(7) For Assignment Records, $25 -
Abstracts of Title and Cert.
488 2.6(b)(8) Terminal Use X-SEARCH $40 -
480 2.6(b)(9) Self-Service Copy Charge $0.25 -
484 2.6(b)(10) Labor Charges for Services $40 -
485 2.6(b)(11) Unspecified Other Services Actual Cost -
[1217 OG 148]