1110.02   Fees for Filing Request to Divide

Request to Divide Out One or More Entire Classes.  With a request to divide out one or more entire classes from an application, only the fee for dividing the application ("divisional fee"), as set forth in 37 C.F.R. §2.6(a)(19), is required.  37 C.F.R. §2.87(b). A divisional fee is required for each new (child) application created by the division of the original (parent) application.  No separate application filing fee is required for any new applications created.

Request to Divide Out Some, But Not All, of the Goods/Services in a Single Class.  A request to divide out some, but not all, of the goods/services in a single class must be accompanied by both:  (1) the divisional fee for each new (child) application created by the division of the original (parent) application (37 C.F.R. §2.6(a)(19)); and (2) an application filing fee for each new separate application created by the division, as set forth in 37 C.F.R. §2.6(a)(1).  37 C.F.R. §2.87(b). The amount of the new application filing fee depends on the method used to file the original application and request to divide, as follows:

  • If the original application was filed through TEAS RF or TEAS Plus and the request to divide is filed through TEAS, then the new application filing fee is the same as the TEAS RF or TEAS Plus application filing fee (37 C.F.R. §§2.6(a)(1)(iii), (iv));
  • If the original application was not filed through TEAS RF or TEAS Plus, and the request to divide is filed through TEAS, then the new application filing fee is the same as the TEAS application filing fee (37 C.F.R. §2.6(a)(1)(ii));
  • If the request to divide is filed on paper, then the new application filing fee is the same as the fee for filing an application on paper (37 C.F.R. §2.6(a)(1)(i)), regardless of how the original application was filed.

The current fee schedule is available on the USPTO website at http://www.uspto.gov.

If the request to divide does not include the required fee(s), the ITU/Divisional Unit will notify the applicant in writing of the deficiency and grant the applicant time to submit the required fees.  The applicant must submit the fee(s) within the time permitted, or the request to divide will be considered abandoned and the application will not be divided.  If the applicant does not submit the necessary fees, the ITU/Divisional Unit will notify the applicant that the request to divide is considered abandoned.

See TMEP §1110.07 regarding the application of fees when an applicant files a request to divide in conjunction with a statement of use and/or request for an extension of time to file a statement of use, but submits insufficient fees.