1.16 National application filing, search, and examination fees.
- (a) Basic fee for filing each application under 35 U.S.C. 111 for an original patent, except design, plant, or provisional applications:
- (1) For an application filed on or after December 8, 2004:
By a small entity (§ 1.27 (a)) if the application is submitted in compliance with the Office electronic filing system
(§ 1.27(b)(2))......$82.00
By a small entity (§ 1.27(a))......$165.00
By other than a small entity......$330.00
- (2) For an application filed before December 8, 2004:
By a small entity (§ 1.27(a))......$425.00
By other than a small entity......$850.00
- (b) Basic fee for filing each application for an original design patent:
- (1) For an application filed on or after December 8, 2004:
By a small entity (§ 1.27(a))......$110.00
By other than a small entity......$220.00
- (2) For an application filed before December 8, 2004:
By a small entity (§ 1.27(a))......$190.00
By other than a small entity......$380.00
- (c) Basic fee for filing each application for an original plant patent:
- (1) For an application filed on or after December 8, 2004:
By a small entity (§ 1.27(a))......$110.00
By other than a small entity......$220.00
- (2) For an application filed before December 8, 2004:
By a small entity (§ 1.27(a))......$300.00
By other than a small entity......$600.00
- (d) Basic fee for filing each provisional application:
By a small entity (§ 1.27(a))......$110.00
By other than a small entity......$220.00
- (e) Basic fee for filing each application for the reissue of a patent:
- (1) For an application filed on or after December 8, 2004:
By a small entity (§ 1.27(a))......$165.00
By other than a small entity......$330.00
- (2) For an application filed before December 8, 2004:
By a small entity (§ 1.27(a))......$425.00
By other than a small entity......$850.00
- (f) Surcharge for filing any of the basic filing fee, the search fee, the examination fee, or the oath or declaration on a date later than the filing date of the application, except provisional applications:
By a small entity (§ 1.27(a))......$65.00
By other than a small entity......$130.00
- (g) Surcharge for filing the basic filing fee or cover sheet (§ 1.51 (c)(1)) on a date later than the filing date of the provisional application::
By a small entity (§ 1.27(a))......$25.00
By other than a small entity......$50.00
- (h) In addition to the basic filing fee in an application, other than a provisional application, for filing or later presentation at any other time of each claim in independent form in excess of 3:
By a small entity (§ 1.27(a))......$110.00
By other than a small entity......$220.00
- (i) In addition to the basic filing fee in an application, other than a provisional application, for filing or later presentation at any other time of each claim (whether dependent or independent) in excess of 20 (note that § 1.75 (c) indicates how multiple dependent claims are considered for fee calculation purposes):
By a small entity (§ 1.27(a))......$26.00
By other than a small entity......$52.00
- (j) In addition to the basic filing fee in an application, other than a provisional application, that contains, or is amended to contain, a multiple dependent claim, per application:
By a small entity (§ 1.27(a))......$195.00
By other than a small entity......$390.00
- (k) Search fee for each application filed under 35 U.S.C. 111 on or after December 8, 2004, for an original patent, except design, plant, or provisional applications:
By a small entity (§ 1.27(a))......$270.00
By other than a small entity......$540.00
- (l) Search fee for each application filed on or after December 8, 2004, for an original design patent:
By a small entity (§ 1.27(a))......$50.00
By other than a small entity......$100.00
- (m) Search fee for each application filed on or after December 8, 2004, for an original plant patent:
By a small entity (§ 1.27(a))......$165.00
By other than a small entity......$330.00
- (n) Search fee for each application filed on or after December 8, 2004, for the reissue of a patent:
By a small entity (§ 1.27(a))......$270.00
By other than a small entity......$540.00
- (o) Examination fee for each application filed under 35 U.S.C. 111 on or after December 8, 2004, for an original patent, except design, plant, or provisional applications:
By a small entity (§ 1.27(a))......$110.00
By other than a small entity......$220.00
- (p) Examination fee for each application filed on or after December 8, 2004, for an original design patent:
By a small entity (§ 1.27(a))......$70.00
By other than a small entity......$140.00
- (q) Examination fee for each application filed on or after December 8, 2004, for an original plant patent:
By a small entity (§ 1.27(a))......$85.00
By other than a small entity......$170.00
- (r) Examination fee for each application filed on or after December 8, 2004, for the reissue of a patent:
By a small entity (§ 1.27(a))......$325.00
By other than a small entity......$650.00
- (s) Application size fee for any application under 35 U.S.C. 111 filed on or after December 8, 2004, the specification and drawings of which exceed 100 sheets of paper, for each additional 50 sheets or fraction thereof:
By a small entity (§ 1.27(a))......$135.00
By other than a small entity......$270.00
- (t) Non-electronic filing fee for any application under 35 U.S.C. 111(a) that is filed on or after November 15, 2011, other than by the Office electronic filing system, except for a reissue, design, or plant application:
By a small entity (§ 1.27(a))......$200.00
By other than a small entity......$400.00
[Added, 47 FR 41273, Sept. 17, 1982, effective date Oct. 1, 1982; 50 FR 31824, Aug. 6, 1985, effective date Oct. 5, 1985; paras. (a), (b), (d) - (i), 54 FR 6893, Feb. 15, 1989, effective Apr. 17, 1989; paras. (a)-(j), 56 FR 65142, Dec. 13, 1991, effective Dec. 16, 1991; paras. (a)-(d) and (f)-(j), 57 FR 38190, Aug. 21, 1992, effective Oct. 1, 1992; paras. (a), (b), (d) and (f)-(i), 59 FR 43736, Aug. 25, 1994, effective Oct. 1, 1994; paras. (a)-(g) amended and paras. (k) and (l) added, 60 FR 20195, Apr. 25, 1995, effective June 8, 1995; paras. (a), (b), (d), & (f)-(i) amended, 60 FR 41018, Aug. 11, 1995, effective Oct. 1, 1995; paras. (a), (b), (d), and (f)-(i) amended and para. (m) added, 61 FR 39585, July 30, 1996, effective Oct. 1, 1996; paras. (a), (b), (d), and (f) - (i) amended, 62 FR 40450, July 29, 1997, effective Oct. 1, 1997; paras. (d) & (l) amended, 62 FR 53131, Oct. 10, 1997, effective Dec. 1, 1997; paras. (a)-(d) and (f)-(j) revised, 63 FR 6758, Dec. 8, 1998, effective Nov. 10, 1998; paras. (a) and (b) revised, 64 FR 67774, Dec. 3, 1999, effective Dec. 29, 1999; paras. (a), (b), (d), and (f)-(i) revised, 65 FR 49193, Aug. 11, 2000, effective Oct. 1, 2000; paras. (a)-(l) revised, 65 FR 78958, Dec. 18, 2000; paras. (a), (b), (d), (f)-(i) and (k) revised, 66 FR 39447, July 31, 2001, effective Oct. 1, 2001; paras. (a), (g), and (h) revised, 67 FR 70847, Nov. 27, 2002, effective Jan. 1, 2003; paras. (a), (b), (d), and (f) through (i) revised, 68 FR 41532, July 14, 2003, effective Oct. 1, 2003; paras. (a), (b), (d), and (f) through (i) revised, 69 FR 52604, Aug. 27, 2004, effective Oct. 1, 2004; revised, 70 FR 3880, Jan. 27, 2005, effective Dec. 8, 2004; paras. (f) and (s) revised, 70 FR 30360, May 26, 2005, effective July 1, 2005; paras. (a) through (e) and (h) through (s) revised, 72 FR 46899, Aug. 22, 2007, effective Sept. 30, 2007; paras. (a) through (e), (h) through (k), and (m) through (s) revised, 73 FR 47534, Aug. 14, 2008, effective Oct. 2, 2008; para. (t) added, 76 FR 70651, Nov. 15, 2011, effective Nov. 15, 2011]