Brown & Michaels

37 CFR Sec.

DESCRIPTION

Fee

1.16(a)

Basic Filing Fee

1.16(a)

Basic Filing Fee (Small Entity)

1.16(h)

Independent Claims - in excess of 3

1.16(h)

Independent Claims - in excess of 3 (Small Entity)

1.16(i)

Claims in Excess of 20

1.16(i)

Claims in Excess of 20 (Small Entity)

1.16(j)

Multiple Dependent Claims

1.16(j)

Multiple Dependent Claims (Small Entity)

1.16(e)

Surcharge - Late Filing Fee

1.16(e)

Surcharge - Late Filing Fee (Small Entity)

$65

1.16(b)

Design Filing Fee

1.16(b)

Design Filing Fee (Small Entity)

1.16(c)

Plant Filing Fee

1.16(c)

Plant Filing Fee (Small Entity)

1.16(e)

Reissue Filing Fee

1.16(e)

Reissue Filing Fee (Small Entity)

1.16(i)

Reissue Independent Claims, in excess of 3

1.16(i)

Reissue Independent Claims (Small Entity)

1.16(j)

Reissue Claims in Excess of 20

1.16(j)

Reissue Claims in Excess of 20 (Small Entity)

1.16(d)

Provisional Application Filing Fee

1.16(d)

Provisional Application Filing Fee (Small Entity)

1.16(l)

Surcharge - Incomplete Provisional App. Filed

$50

1.16(l)

Surcharge - Incomplete Provisional App. Filed (Small Entity)

1.17(a)(1)

Extension - First Month

1.17(a)(1)

Extension - First Month (Small Entity)

1.17(a)(2)

Extension - Second Month

1.17(a)(2)

Extension - Second Month (Small Entity)

1.17(a)(3)

Extension - Third Month

1.17(a)(3)

Extension - Third Month (Small Entity)

1.17(a)(4)

Extension - Fourth Month

1.17(a)(4)

Extension - Fourth Month (Small Entity)

1.17(a)(5)

Extension - Fifth Month

1.17(a)(5)

Extension - Fifth Month (Small Entity)

1.17(e)

Request for Continued Examination (RCE)

1.17(e)

Request for Continued Examination (RCE) (Small Entity)

1.53, 1.57(a), 1.741(b) - to accord a filing date
1.182 - question not otherwise provided for
1.183 - to suspend the rules
1.378(e) - reconsideration of decision on petition refusing to accept delayed payment of maintenance fee in expired patent.

1.12 - access to an assignment record
1.14 - access to an application
1.47 -  filing by other than all the inventors or by a person other than the inventor
1.59 - expungement of records
1.103(a) - to suspend action in an application
1.136(b) - review of a request for extension of time
1.295 - review of refusal to publish SIR
1.296 - withdrawal of request for publication of SIR
1.377 - review of decision refusing to accept maintenance fee filed prior to expiration of patent
1.550(c) and 1.956 - patent owner's request for extension of time in reexamination
5.12 - expedited handling of a foreign filing license
5.15 - changing the scope of a license
5.25 - retroactive foreign filing license

1.17(h)

Petitions under the following 37 CFR sections

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.

$130

1.17(i)

Petitions under the following 37 CFR sections

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.
1.99(e)—for processing a belated submission under § 1.99.
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.

$130

1.17(j)

Petition - Public Use Proceeding

$1,510

1.17(k)

Non-English Specification

$130

1.17(l)

Petition - Revive Unavoidably Abandoned Application

1.17(l)

Petition - Revive Unavoidably Abandoned Application (Small Entity)

1.17(m)

Petition - Revive Unintentionally Abandoned Appl.

1.17(m)

Petition - Revive Unintentionally Abandoned Appl. (Small Entity)

1.17(n)

SIR - Prior to Examiner's Action

$920

1.17(o)

SIR - After Examiner's Action

$1,840

1.17(p)

Submission of an Information Disclosure Statement (1.97)

1.17(q)

Petition - Correction of Inventorship (Prov. App.)

$50

1.17(q)

Petition - Add inventors without cover sheet (Prov. App.)

$50

1.17(q)

Petition - Convert Nonprovisional application to Provisional Application

$50

1.17(r)

Filing a submission after final rejection (1.129(a))

1.17(r)

Filing a submission after final rejection (1.129(a)) (Small Entity)

1.17(s)

Per add'l invention to be examined (1.129(b))

$790

1.17(s)

Per add'l invention to be examined (1.129(b)) (Small Entity)

$395

1.17(t)

Acceptance of Unintentionally delayed claim for priority

1.18(a)

Utility Issue Fee

1.18(a)

Utility Issue Fee (Small Entity)

1.18(b)

Design Issue Fee

1.18(b)

Design Issue Fee (Small Entity)

1.18(c)

Plant Issue Fee

1.18(c)

Plant Issue Fee (Small Entity)

1.18(d)

Publication fee - early, voluntary, normal or republication

$300

1.18(e)

Filing Application for patent term adjustment

$200

1.18(f)

Request for reinstatement of term reduced

$400

1.19(a)(1)(i)

Copy of Patent or Published Patent Application

$3

1.19(a)(1)(ii)

Patent Copy - Overnight delivery to PTO Box or overnight fax

$6

1.19(a)(1)(iii)

Patent Copy Ordered by Expedited Mail or Fax - Exp. service

$25

1.19(a)(2)

Plant Patent Copy

$15

1.19(a)(3)(i)

Copy of Utility Patent or SIR in Color

$25

1.19(b)(1)(i)(A)

Paper Copy of Patent Application as Filed

$20

1.19(b)(1)(i)(B)

Paper Copy of File Wrapper (up to 400 pages)

$200

$40

$25

$20

$55

$15

$20

$55

1.19(b)(3)(i)

Copy of first Compact Disk in single order of file wrapper

$55

1.19(b)(3)(ii)

- Each additional Compact Disk

$15

1.19(b)(4)

Certified or uncertified copy of document, not otherwise provided

$25

1.19(b)(5)

For Assignment Records, Abstract of Title and Certification

$25

1.19(c)

Library Service

$50

1.19(d)

List of Patents in Subclass

$3

1.19(e)

Uncertified Statement-Status of Maintenance Fee Payment

$10

1.19(f)

Copy of Non-U.S. Patent Document

$25

1.19(g)

Comparing and Certifying Copies, Per Document, Per Copy

$25

1.19(h)

Duplicate or Corrected Filing Receipt

$25

1.20(a)

Certificate of Correction

$100

1.20(c)

Request for ex parte Reexamination

$2,520

1.20(d)

Statutory Disclaimer

1.20(d)

Statutory Disclaimer (Small Entity)

1.20(e)

Maintenance Fee - 3.5 Years

1.20(e)

Maintenance Fee - 3.5 Years (Small Entity)

1.20(f)

Maintenance Fee - 7.5 Years

1.20(f)

Maintenance Fee - 7.5 Years (Small Entity)

1.20(g)

Maintenance Fee - 11.5 Years

1.20(g)

Maintenance Fee - 11.5 Years (Small Entity)

1.20(h)

Surcharge - Maintenance Fee - 6 Months

$130

1.20(h)

Surcharge - Maintenance Fee - 6 Months (Small Entity)

$65

1.20(i)(1)

Surcharge - Maintenance After Expiration - Unavoidable

$700

1.20(i)(2)

Surcharge - Maintenance After Expiration - Unintentional

$1,640

1.20(j)(1)

Extension of Term of Patent Under 1.740

$1,120

1.20(j)(2)

Initial Application for Interim Extension Under 1.790

$420

1.20(j)(3)

Subsequent Application for Interim Extentsion Under 1.790

$220

1.21(a)(1)(i)

Application Fee (non-refundable)

$40

1.21(a)(1)(ii)

Registration examination fee

$310

1.21(a)(2)

Registration to Practice

$100

1.21(a)(3)

Reinstatement to Practice

$40

1.21(a)(4)

Certificate of Good Standing

$10

1.21(a)(4)

Certificate of Good Standing, Suitable Framing

$20

1.21(a)(5)

Review of Decision of Director, OED

$130

-

Computer Records

Actual Cost

1.21(b)(1)

Establish Deposit Account

$10

1.21(b)(2)

Service Charge Below Minimum Balance

$25

1.21(b)(3)

Service Charge Below Minimum Balance

$25

1.21(c)

Filing a Disclosure Document

$10

1.21(d)

Box Rental

$50

1.21(e)

International Type Search Report

$40

1.21(g)

Self-Service Copy Charge

$.25

1.21(h)

Recording Patent Property

$40

1.21(i)

Publication in the OG

$25

1.21(j)

Labor Charges for Services

$40

1.21(k)

Unspecified Other Services

Actual Cost

1.21(k)

Terminal Use APS-CSIR (per hour)

$50

1.21(l)

Retaining abandoned application

$130

1.21(m)

Processing Returned Checks

$50

1.21(n)

Handling Fee - Incomplete Application

$130

1.21(o)

(reserved)

1.24

Coupons for Patent and Trademark Copies

$3

1.296

Handling Fee - Withdrawal SIR

$130

PCT Fees - International Stage

Fee

$300

1.445 (a)(2)i)

PCT Search Fee for USPTO search (note: Discount for prior US search has been eliminated)

1.445(a)(3)

Supplemental Search (per additional invention)

$1,800

1.482(a)(1)(i)

Preliminary Exam Fee (if US was International Searching Agency)

$600

1.482(a)(1)(ii)

Preliminary Exam Fee (if US was not ISA)

$750

1.482(a)(2)

Supplemental Examination (per additional invention)

$600

$52
($104)

$240

PCT Fees - National Stage

Fee

Basic Filing Fee

Fees in addition to Basic Fee

1.492(d)

Claims - Extra Independent (Over 3)

1.492(d)

Claims - Extra Independent (Over 3) (Small Entity)

1.492(e)

Claims - Extra Total (Over 20)

1.492(e)

Claims - Extra Total (Over 20) (Small Entity)

1.492(f)

Claims - if application has any multiple dependent claim (also affects total fee calculation)

1.492(f)

Claims - ... multiple dependent (Small Entity)

1.492(e)

Surcharge - Oath or Declaration filed after 30 months from priority date

$130

1.492(e)

Surcharge -  Oath or Declaration filed after 30 months from priority date (Small Entity)

$65

1.492(f)

English Translation filed after 30 Months from priority date (large or small entity)

$130

PCT Fees - to WIPO or EPO

Fees

$1338

Note on Fees for Filing PCT Applications

Not all of the fees listed in the various PCT sections will actually be paid in any given application. When filing an International Stage PCT application in the USPTO as receiving office, the following fees are required:

• Basic Application Fee (from this section)
• Transmittal Fee (from PCT Fees - International Stage)
• Search Fee - depends on which search authority is chosen (US, EP, KR)

When entering a PCT application into the National Stage in the USPTO, the following fees are required (from the PCT Fees - National Stage list, above):

• Basic National Stage Fee
• National Stage Examination Fee
• National Stage Search Fee

Other application fees may apply, depending on the application, but these are the only ones which every PCT application filed in the USPTO will pay. Of course, the fees on this table are only the government fees. Attorney fees and expenses are in addition to these fees - for a more complete explanation, see our Patent Budget Estimator

Board of Patent Appeals and Interferences Fees

Fees

41.20(b)(1)

Notice of Appeal

41.20(b)(1)

Notice of Appeal (Small Entity)

41.20(b)(2)

Filing a Brief

41.20(b)(2)

Filing a Brief (Small Entity)

41.20(b)(3)

Request for Oral Hearing

41.20(b)(3)

Request for Oral Hearing (Small Entity)