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35 U.S.C. 41 Patent fees; patent and trademark search systems.

(a) GENERAL FEES. — The Director shall charge the following fees:
- (1) FILING AND BASIC NATIONAL FEES. —
  - (A) On filing each application for an original patent, except for design, plant, or provisional applications, $330.
  - (B) On filing each application for an original design patent, $220.
  - (C) On filing each application for an original plant patent, $220.
  - (D) On filing each provisional application for an original patent, $220.
  - (E) On filing each application for the reissue of a patent, $330.
  - (F) The basic national fee for each international application filed under the treaty defined in section 351(a) entering the national stage under section 371, $330.
  - (G) In addition, excluding any sequence listing or computer program listing filed in electronic medium as prescribed by the Director, for any application the specification and drawings of which exceed 100 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium), $270 for each additional 50 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium) or fraction thereof.
- (2) EXCESS CLAIMS FEES. —
  - (A) IN GENERAL. — In addition to the fee specified in paragraph (1) —
    - (i) on filing or on presentation at any other time, $220 for each claim in independent form in excess of 3;
    - (ii) on filing or on presentation at any other time, $52 for each claim (whether dependent or independent) in excess of 20; and
    - (iii) for each application containing a multiple dependent claim, $390.
  - (B) MULTIPLE DEPENDENT CLAIMS.— For the purpose of computing fees under subparagraph (A), a multiple dependent claim referred to in section 112 or any claim depending therefrom shall be considered as separate dependent claims in accordance with the number of claims to which reference is made.
  - (C) REFUNDS; ERRORS IN PAYMENT.— The Director may by regulation provide for a refund of any part of the fee specified in subparagraph (A) for any claim that is canceled before an examination on the merits, as prescribed by the Director, has been made of the application under section 131. Errors in payment of the additional fees under this paragraph may be rectified in accordance with regulations prescribed by the Director.
- (3) EXAMINATION FEES. —
  - (A) IN GENERAL.—
    - (i) For examination of each application for an original patent, except for design, plant, provisional, or international applications, $220.
    - (ii) For examination of each application for an original design patent, $140.
    - (iii) For examination of each application for an original plant patent, $170.
    - (iv) For examination of the national stage of each international application, $220.
    - (v) For examination of each application for the reissue of a patent, $650.
  - (B) APPLICABILITY OF OTHER FEE PROVISIONS.— The provisions of paragraphs (3) and (4) of section 111 (a) relating to the payment of the fee for filing the application shall apply to the payment of the fee specified in subparagraph (A) with respect to an application filed under section 111 (a). The provisions of section 371 (d) relating to the payment of the national fee shall apply to the payment of the fee specified subparagraph (A) with respect to an international application.
- (4) ISSUE FEES. —
  - (A) For issuing each original patent, except for design or plant patents, $1,510.
  - (B) For issuing each original design patent, $860.
  - (C) For issuing each original plant patent, $1,190.
  - (D) For issuing each reissue patent, $1,510.
- (5) DISCLAIMER FEE. — On filing each disclaimer, $140.
- (6) APPEAL FEES. —
  - (A) On filing an appeal from the examiner to the Patent Trial and Appeal Board, $540.
  - (B) In addition, on filing a brief in support of the appeal, $540, and on requesting an oral hearing in the appeal before the Patent Trial and Appeal Board, $1,080.
- (7) REVIVAL FEES. — On filing each petition for the revival of an unintentionally abandoned application for a patent, for the unintentionally delayed payment of the fee for issuing each patent, or for an unintentionally delayed response by the patent owner in any reexamination proceeding, $1,620, unless the petition is filed under section 133 or 151, in which case the fee shall be $540.
- (8) EXTENSION FEES. — For petitions for 1-month extensions of time to take actions required by the Director in an application —
  - (A) on filing a first petition, $130;
  - (B) on filing a second petition, $360; and
  - (C) on filing a third or subsequent petition, $620.
(b) MAINTENANCE FEES. —
- (1) IN GENERAL.— The Director shall charge the following fees for maintaining in force all patents based on applications filed on or after December 12, 1980:
  - (A) Three years and 6 months after grant, $980.
  - (B) Seven years and 6 months after grant, $2,480.
  - (C) Eleven years and 6 months after grant, $4,110.
- (2) GRACE PERIOD; SURCHARGE.— Unless payment of the applicable maintenance fee under paragraph (1) is received in the Office on or before the date the fee is due or within a grace period of 6 months thereafter, the patent shall expire as of the end of such grace period. The Director may require the payment of a surcharge as a condition of accepting within such 6-month grace period the payment of an applicable maintenance fee.
- (3) NO MAINTENANCE FEE FOR DESIGN OR PLANT PATENT.— No fee may be established for maintaining a design or plant patent in force.

(c) DELAYS IN PAYMENT OF MAINTENANCE FEES.—
- (1) ACCEPTANCE.—The Director may accept the payment of any maintenance fee required by subsection (b) of this section which is made within twenty-four months after the six-month grace period if the delay is shown to the satisfaction of the Director to have been unintentional, or at any time after the six-month grace period if the delay is shown to the satisfaction of the Director to have been unavoidable. The Director may require the payment of a surcharge as a condition of accepting payment of any maintenance fee after the six-month grace period. If the Director accepts payment of a maintenance fee after the six-month grace period, the patent shall be considered as not having expired at the end of the grace period.
- (2) EFFECT ON RIGHTS OF OTHERS.— A patent, the term of which has been maintained as a result of the acceptance of a payment of a maintenance fee under this subsection, shall not abridge or affect the right of any person or that person’s successors in business who made, purchased, offered to sell, or used anything protected by the patent within the United States, or imported anything protected by the patent into the United States after the 6-month grace period but prior to the acceptance of a maintenance fee under this subsection, to continue the use of, to offer for sale, or to sell to others to be used, offered for sale, or sold, the specific thing so made, purchased, offered for sale, used, or imported. The court before which such matter is in question may provide for the continued manufacture, use, offer for sale, or sale of the thing made, purchased, offered for sale, or used within the United States, or imported into the United States, as specified, or for the manufacture, use, offer for sale, or sale in the United States of which substantial preparation was made after the 6-month grace period but before the acceptance of a maintenance fee under this subsection, and the court may also provide for the continued practice of any process that is practiced, or for the practice of which substantial preparation was made, after the 6-month grace period but before the acceptance of a maintenance fee under this subsection, to the extent and under such terms as the court deems equitable for the protection of investments made or business commenced after the 6-month grace period but before the acceptance of a maintenance fee under this subsection.

(d) PATENT SEARCH AND OTHER FEES. —
- (1) PATENT SEARCH FEES. —
  - (A) IN GENERAL.— The Director shall charge the fees specified under subparagraph (B) for the search of each application for a patent, except for provisional applications. The Director shall adjust the fees charged under this paragraph to ensure that the fees recover an amount not to exceed the estimated average cost to the Office of searching applications for patent by Office personnel.
  - (B) SPECIFIC FEES.—The fees referred to in subparagraph (A) are—
    - (i) $540 for each application for an original patent, except for design, plant, provisional, or international applications;
    - (ii) $100 for each application for an original design patent;
    - (iii) $330 for each application for an original plant patent;
    - (iv) $540 for the national stage of each international application; and
    - (v) $540 for each application for the reissue of a patent.
  - (C) APPLICABILITY OF OTHER PROVISIONS.— The provisions of paragraphs (3) and (4) of section 111 (a) relating to the payment of the fee for filing the application shall apply to the payment of the fee specified in this paragraph with respect to an application filed under section 111 (a). The provisions of section 371 (d) relating to the payment of the national fee shall apply to the payment of the fee specified in this paragraph with respect to an international application.
  - (D) REFUNDS.— The Director may by regulation provide for a refund of any part of the fee specified in this paragraph for any applicant who files a written declaration of express abandonment as prescribed by the Director before an examination has been made of the application under section 131.
- (2) OTHER FEES.—
  - (A) IN GENERAL.— The Director shall establish fees for all other processing, services, or materials relating to patents not specified in this section to recover the estimated average cost to the Office of such processing, services, or materials, except that the Director shall charge the following fees for the following services:
    - (i) For recording a document affecting title, $40 per property.
    - (ii) For each photocopy, $.25 per page.
    - (iii) For each black and white copy of a patent, $3.
  - (B) COPIES FOR LIBRARIES.—The yearly fee for providing a library specified in section 12 with uncertified printed copies of the specifications and drawings for all patents in that year shall be $50.

(e) WAIVER OF FEES; COPIES REGARDING NOTICE.— The Director may waive the payment of any fee for any service or material related to patents in connection with an occasional or incidental request made by a department or agency of the Government, or any officer thereof. The Director may provide any applicant issued a notice under section 132 with a copy of the specifications and drawings for all patents referred to in that notice without charge.
(f) ADJUSTMENT OF FEES.— The fees established in subsections (a) and (b) of this section may be adjusted by the Director on October 1, 1992, and every year thereafter, to reflect any fluctuations occurring during the previous 12 months in the Consumer Price Index, as determined by the Secretary of Labor. Changes of less than 1 per centum may be ignored.
(g) [Repealed]

(h) FEES FOR SMALL ENTITIES.—
- (1) REDUCTIONS IN FEES.— Subject to paragraph (3), fees charged under subsections (a), (b) and (d)(1) shall be reduced by 50 percent with respect to their application to any small business concern as defined under section 3 of the Small Business Act, and to any independent inventor or nonprofit organization as defined in regulations issued by the Director.
- (2) SURCHARGES AND OTHER FEES.— With respect to its application to any entity described in paragraph (1), any surcharge or fee charged under subsection (c) or (d) shall not be higher than the surcharge or fee required of any other entity under the same or substantially similar circumstances.
- (3) REDUCTION FOR ELECTRONIC FILING.— The fee charged under subsection (a)(l)(A) shall be reduced by 75 percent with respect to its application to any entity to which paragraph (1) applies, if the application is filed by electronic means as prescribed by the Director.

(i) ELECTRONIC PATENT AND TRADEMARK DATA.—
- (1) MAINTENANCE OF COLLECTIONS.— The Director shall maintain, for use by the public, paper, microform or electronic collections of United States patents, foreign patent documents, and United States trademark registrations arranged to permit search for and retrieval of information. The Director may not impose fees directly for the use of such collections, or for the use of the public patent and trademark search rooms or libraries.
- (2) AVAILABILITY OF AUTOMATED SEARCH SYSTEMS.— The Director shall provide for the full deployment of the automated search systems of the Patent and Trademark Office so that such systems are available for use by the public, and shall assure full access by the public to, and dissemination of, patent and trademark information, using a variety of automated methods, including electronic bulletin boards and remote access by users to mass storage and retrieval systems.
- (3) ACCESS FEES.— The Director may establish reasonable fees for access by the public to the automated search systems of the Patent and Trademark Office. If such fees are established, a limited amount of free access shall be made available to users of the systems for purposes of education and training. The Director may waive the payment by an individual of fees authorized by this subsection upon a showing of need or hardship, and if such waiver is in the public interest.
- (4) ANNUAL REPORT TO CONGRESS.— The Director shall submit to the Congress an annual report on the automated search systems of the Patent and Trademark Office and the access by the public to such systems. The Director shall also publish such report in the Federal Register. The Director shall provide an opportunity for the submission of comments by interested persons on each such report.

(Amended July 24, 1965, Public Law 89-83, sec. 1, 2, 79 Stat. 259; Jan. 2, 1975, Public Law 93-596, sec. 1, Jan. 2, 1975, 88 Stat. 1949; Nov. 14, 1975, Public Law 94-131, sec. 3, 89 Stat. 690; subsection (g) amended Dec. 12, 1980, Public Law 96-517, sec. 2, 94 Stat. 3017; Aug. 27, 1982, Public Law 97-247, sec. 3(a)-(e), 96 Stat. 317; subsections (a)-(d) amended Sept. 8, 1982, Public Law 97-256, sec. 101, 96 Stat. 816; subsection (a)(6) amended Nov. 8, 1984, Public Law 98-622, sec. 204(a), 98 Stat. 3388; subsection (h) added Nov. 6, 1986, Public Law 99-607, sec. 1(b)(2), 100 Stat. 3470; subsections (a), (b), (d), (f), and (g) amended Dec. 10, 1991, Public Law 102-204, sec. 5, 105 Stat. 1637; subsections (a)(9) - (15) and (i) added Dec. 10, 1991, Public Law 102-204, sec. 5, 105 Stat. 1637; subsection (c)(1) amended Oct. 23, 1992, Public Law 102-444, sec. 1, 106 Stat. 2245; subsection (a)(1)(C) added Dec. 8, 1994, Public Law 103-465, sec. 532(b)(2), 108 Stat. 4986; subsection (c)(2) amended, Dec. 8, 1994, Public Law 103-465, sec. 533(b)(1), 108 Stat. 4988; subsections (a)-(b) revised Nov. 10, 1998, Public Law 105-358, sec. 3, 112 Stat. 3272.; amended Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-554, 570, 582, 589 (S. 1948 secs. 4202, 4605(a), 4732(a)(5), 4732(a)(10)(A)) and 4804(d)); amended Sept. 16, 2011, Leahy-Smith America Invents Act, Public Law 112-29, sec. 10, 125 Stat. 284.)

[*Begin Editor's Note: Fee Setting Authority (Sept. 16, 2011)]

Leahy-Smith America Invents Act, Public Law 112-29, sec. 10, 125 Stat. 284 provides as follows:

(a) FEE SETTING.—
- (1) IN GENERAL.—The Director may set or adjust by rule any fee established, authorized, or charged under title 35, United States Code, or the Trademark Act of 1946 (15 U.S.C. 1051 et seq.), for any services performed by or materials furnished by, the Office, subject to paragraph (2).
- (2) FEES TO RECOVER COSTS.—Fees may be set or adjusted under paragraph (1) only to recover the aggregate estimated costs to the Office for processing, activities, services, and materials relating to patents (in the case of patent fees) and trademarks (in the case of trademark fees), including administrative costs of the Office with respect to such patent or trademark fees (as the case may be).
(b) SMALL AND MICRO ENTITIES.—The fees set or adjusted under subsection (a) for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents shall be reduced by 50 percent with respect to the application of such fees to any small entity that qualifies for reduced fees under section 41(h)(1) of title 35, United States Code, and shall be reduced by 75 percent with respect to the application of such fees to any micro entity as defined in section 123 of that title (as added by subsection (g) of this section).
(c) REDUCTION OF FEES IN CERTAIN FISCAL YEARS.—In each fiscal year, the Director—
- (1) shall consult with the Patent Public Advisory Committee and the Trademark Public Advisory Committee on the advisability of reducing any fees described in subsection (a); and
- (2) after the consultation required under paragraph (1), may reduce such fees.
(d) ROLE OF THE PUBLIC ADVISORY COMMITTEE.—The Director shall—
- (1) not less than 45 days before publishing any proposed fee under subsection (a) in the Federal Register, submit the proposed fee to the Patent Public Advisory Committee or the Trademark Public Advisory Committee, or both, as appropriate;
- (2)
  - (A) provide the relevant advisory committee described in paragraph (1) a 30-day period following the submission of any proposed fee, in which to deliberate, consider, and comment on such proposal;
  - (B) require that, during that 30-day period, the relevant advisory committee hold a public hearing relating to such proposal; and
  - (C) assist the relevant advisory committee in carrying out that public hearing, including by offering the use of the resources of the Office to notify and promote the hearing to the public and interested stakeholders;
- (3) require the relevant advisory committee to make available to the public a written report setting forth in detail the comments, advice, and recommendations of the committee regarding the proposed fee; and
- (4) consider and analyze any comments, advice, or recommendations received from the relevant advisory committee before setting or adjusting (as the case may be) the fee.
(e) PUBLICATION IN THE FEDERAL REGISTER.—
- (1) PUBLICATION AND RATIONALE.—The Director shall—
  - (A) publish any proposed fee change under this section in the Federal Register;
  - (B) include, in such publication, the specific rationale and purpose for the proposal, including the possible expectations or benefits resulting from the proposed change; and
  - (C) notify, through the Chair and Ranking Member of the Committees on the Judiciary of the Senate and the House of Representatives, the Congress of the proposed change not later than the date on which the proposed change is published under subparagraph (A).
- (2) PUBLIC COMMENT PERIOD.—The Director shall, in the publication under paragraph (1), provide the public a period of not less than 45 days in which to submit comments on the proposed change in fees.
- (3) PUBLICATION OF FINAL RULE.—The final rule setting or adjusting a fee under this section shall be published in the Federal Register and in the Official Gazette of the Patent and Trademark Office.
- (4) CONGRESSIONAL COMMENT PERIOD.—A fee set or adjusted under subsection (a) may not become effective—
  - (A) before the end of the 45-day period beginning on the day after the date on which the Director publishes the final rule adjusting or setting the fee under paragraph (3); or
  - (B) if a law is enacted disapproving such fee.
- (5) RULE OF CONSTRUCTION.—Rules prescribed under this section shall not diminish—
  - (A) the rights of an applicant for a patent under title 35, United States Code, or for a mark under the Trademark Act of 1946; or
  - (B) any rights under a ratified treaty.
(f) RETENTION OF AUTHORITY.—The Director retains the authority under subsection (a) to set or adjust fees only during such period as the Patent and Trademark Office remains an agency within the Department of Commerce.
(g) MICRO ENTITY DEFINED.
[Effective Sept. 16, 2011, amended title 35, United States Code, to add "Section 123. Micro entity defined."]
(h) ELECTRONIC FILING INCENTIVE.—
- (1) IN GENERAL.—Notwithstanding any other provision of this section, an additional fee of $400 shall be established for each application for an original patent, except for a design, plant, or provisional application, that is not filed by electronic means as prescribed by the Director. The fee established by this subsection shall be reduced by 50 percent for small entities that qualify for reduced fees under section 41(h)(1) of title 35, United States Code. All fees paid under this subsection shall be deposited in the Treasury as an offsetting receipt that shall not be available for obligation or expenditure.
- (2) EFFECTIVE DATE.—This subsection shall take effect [Nov. 16, 2011] upon the expiration of the 60-day period beginning on the date of the enactment of this Act.
(i) EFFECTIVE DATE; SUNSET.—
- (1) Except as provided in subsection (h), this section and the amendments made by this section shall take effect on the date of the enactment of this Act [Sept. 16, 2011].
- (2) SUNSET.—The authority of the Director to set or adjust any fee under subsection (a) shall terminate upon the expiration of the 7-year period beginning on the date of the enactment of this Act.
- (3) PRIOR REGULATIONS NOT AFFECTED.—The termination of authority under this subsection shall not affect any regulations issued under this section before the effective date of such termination or any rulemaking proceeding for the issuance of regulations under this section that is pending on such date.

[*End Editor's Note: Fee Setting Authority (Sept. 16, 2011)]

[*Begin Editor's Note: Fees For Patent Services (Sept. 26, 2011)]

Leahy-Smith America Invents Act, Public Law 112-29, sec. 11(h)-(j), 125 Stat. 284 provides as follows:

(h) PRIORITIZED EXAMINATION FEE.—
- (1) IN GENERAL.—
  - (A) FEE.—
    - (i) PRIORITIZED EXAMINATION FEE.—A fee of $4,800 shall be established for filing a request, pursuant to section 2(b)(2)(G) of title 35, United States Code, for prioritized examination of a nonprovisional application for an original utility or plant patent.
    - (ii) ADDITIONAL FEES.—In addition to the prioritized examination fee under clause (i), the fees due on an application for which prioritized examination is being sought are the filing, search, and examination fees (including any applicable excess claims and application size fees), processing fee, and publication fee for that application.
  - (B) REGULATIONS; LIMITATIONS.—
    - (i) REGULATIONS.—The Director may by regulation prescribe conditions for acceptance of a request under subparagraph (A) and a limit on the number of filings for prioritized examination that may be accepted.
    - (ii) LIMITATION ON CLAIMS.— Until regulations are prescribed under clause (i), no application for which prioritized examination is requested may contain or be amended to contain more than 4 independent claims or more than 30 total claims.
    - (iii) LIMITATION ON TOTAL NUMBER OF REQUESTS.— The Director may not accept in any fiscal year more than 10,000 requests for prioritization until regulations are prescribed under this subparagraph setting another limit.
- (2) REDUCTION IN FEES FOR SMALL ENTITIES.—The Director shall reduce fees for providing prioritized examination of non-provisional applications for original utility and plant patents by 50 percent for small entities that qualify for reduced fees under section 41(h)(1) of title 35, United States Code.
- (3) DEPOSIT OF FEES.—All fees paid under this subsection shall be credited to the United States Patent and Trademark Office Appropriation Account, shall remain available until expended, and may be used only for the purposes specified in section 42(c)(3)(A) of title 35, United States Code.
- (4) EFFECTIVE DATE AND TERMINATION.—
  - (A) EFFECTIVE DATE.—This subsection shall take effect on [Sept. 26, 2011] the date that is 10 days after the date of the enactment of this Act.
  - (B) TERMINATION.—The fee imposed under paragraph (1)(A)(i), and the reduced fee under paragraph (2), shall terminate on the effective date of the setting or adjustment of the fee under paragraph (1)(A)(i) pursuant to the exercise of the authority under section 10 for the first time with respect to that fee.
(i) APPROPRIATION ACCOUNT TRANSITION FEES.—
- (1) SURCHARGE.—
  - (A) IN GENERAL.—There shall be a surcharge of 15 percent, rounded by standard arithmetic rules, on all fees charged or authorized by subsections (a), (b), and (d)(1) of section 41, and section 132(b), of title 35, United States Code. Any surcharge imposed under this subsection is, and shall be construed to be, separate from and in addition to any other surcharge imposed under this Act or any other provision of law.
  - (B) DEPOSIT OF AMOUNTS.—Amounts collected pursuant to the surcharge imposed under subparagraph (A) shall be credited to the United States Patent and Trademark Appropriation Account, shall remain available until expended, and may be used only for the purposes specified in section 42(c)(3)(A) of title 35, United States Code.
- (2) EFFECTIVE DATE AND TERMINATION OF SURCHARGE.— The surcharge provided for in paragraph (1)—
  - (A) shall take effect on [Sept. 26, 2011] the date that is 10 days after the date of the enactment of this Act; and
  - (B) shall terminate, with respect to a fee to which paragraph (1)(A) applies, on the effective date of the setting or adjustment of that fee pursuant to the exercise of the authority under section 10 for the first time with respect to that fee.
(j) EFFECTIVE DATE.—Except as otherwise provided in this section, this section and the amendments made by this section shall take effect on [Sept. 16, 2011] the date of the enactment of this Act.

[*End Editor's Note: Fees For Patent Services (Sept. 26, 2011)]