Statutes, codes, and regulations
Code of Federal Regulations
Title 37 - PATENTS, TRADEMARKS, AND COPYRIGHTSChapter I - UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCESubchapter A - GENERALPart 1 - RULES OF PRACTICE IN PATENT CASESSubpart A - GENERAL PROVISIONS
FEES AND PAYMENT OF MONEY
Section 1.16 - National application filing, search, and examination fees

37 C.F.R. § 1.16

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Current through September 30, 2024
Section 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:

Table 1 to Paragraph (a)

By a micro entity (§ 1.29 ) $64.00
By a small entity (§ 1.27(a) ) 128.00
By a small entity (§ 1.27(a) ) if the application is submitted in compliance with the USPTO patent electronic filing system (§ 1.27(b)(2) ) 64.00
By other than a small or micro entity320.00

(b) Basic fee for filing each application under 35 U.S.C. 111 for an original design patent:

Table 2 to Paragraph (b)

By a micro entity (§ 1.29 ) $44.00
By a small entity (§ 1.27(a) ) 88.00
By other than a small or micro entity220.00

(c) Basic fee for filing each application for an original plant patent:

Table 3 to Paragraph (c)

By a micro entity (§ 1.29 ) $44.00
By a small entity (§ 1.27(a) ) 88.00
By other than a small or micro entity220.00

(d) Basic fee for filing each provisional application:

Table 4 to Paragraph (d)

By a micro entity (§ 1.29 ) $60.00
By a small entity (§ 1.27(a) ) 120.00
By other than a small or micro entity300.00

(e ) Basic fee for filing each application for the reissue of a patent:

Table 5 to Paragraph (e)

By a micro entity (§ 1.29 ) $64.00
By a small entity (§ 1.27(a) ) 128.00
By other than a small or micro entity320.00

(f) Surcharge for filing the basic filing fee, search fee, examination fee, or the inventor's oath or declaration on a date later than the filing date of the application, an application that does not contain at least one claim on the filing date of the application, or an application filed by reference to a previously filed application under § 1.57(a) , except provisional applications:

Table 6 to Paragraph (f)

By a micro entity (§ 1.29 ) $32.00
By a small entity (§ 1.27(a) ) 64.00
By other than a small or micro entity160.00

(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:

Table 7 to Paragraph (g)

By a micro entity (§ 1.29 ) $12.00
By a small entity (§ 1.27(a) ) 24.00
By other than a small or micro entity60.00

(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 three:

Table 8 to Paragraph (h)

By a micro entity (§ 1.29 ) $96.00
By a small entity (§ 1.27(a) ) 192.00
By other than a small or micro entity480.00

(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):

Table 9 to Paragraph (i)

By a micro entity (§ 1.29 ) $20.00
By a small entity (§ 1.27(a) ) 40.00
By other than a small or micro entity100.00

(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:

Table 10 to Paragraph (j)

By a micro entity (§ 1.29 ) $172.00
By a small entity (§ 1.27(a) ) 344.00
By other than a small or micro entity860.00

(k) Search fee for each application filed under 35 U.S.C. 111 for an original patent, except design, plant, or provisional applications:

Table 11 to Paragraph (k)

By a micro entity (§ 1.29 ) $140.00
By a small entity (§ 1.27(a) ) 280.00
By other than a small or micro entity700.00

(l) Search fee for each application under 35 U.S.C. 111 for an original design patent:

Table 12 to Paragraph (l)

By a micro entity (§ 1.29 ) $32.00
By a small entity (§ 1.27(a) ) 64.00
By other than a small or micro entity160.00

(m) Search fee for each application for an original plant patent:

Table 13 to Paragraph (m)

By a micro entity (§ 1.29 ) $88.00
By a small entity (§ 1.27(a) ) 176.00
By other than a small or micro entity440.00

(n) Search fee for each application for the reissue of a patent:

Table 14 to Paragraph (n)

By a micro entity (§ 1.29 ) $140.00
By a small entity (§ 1.27(a) ) 280.00
By other than a small or micro entity700.00

(o) Examination fee for each application filed under 35 U.S.C. 111 for an original patent, except design, plant, or provisional applications:

Table 15 to Paragraph (o)

By a micro entity (§ 1.29 ) $160.00
By a small entity (§ 1.27(a) ) 320.00
By other than a small or micro entity800.00

(p) Examination fee for each application under 35 U.S.C. 111 for an original design patent:

Table 16 to Paragraph (p)

By a micro entity (§ 1.29 ) $128.00
By a small entity (§ 1.27(a) ) 256.00
By other than a small or micro entity640.00

(q) Examination fee for each application for an original plant patent:

Table 17 to Paragraph (q)

By a micro entity (§ 1.29 ) $132.00
By a small entity (§ 1.27(a) ) 264.00
By other than a small or micro entity660.00

(r) Examination fee for each application for the reissue of a patent:

Table 18 to Paragraph (r)

By a micro entity (§ 1.29 ) $464.00
By a small entity (§ 1.27(a) ) 928.00
By other than a small or micro entity2,320.00

(s) Application size fee for any application filed under 35 U.S.C. 111 for the specification and drawings which exceed 100 sheets of paper, for each additional 50 sheets or fraction thereof:

Table 19 to Paragraph (s)

By a micro entity (§ 1.29 ) $84.00
By a small entity (§ 1.27(a) ) 168.00
By other than a small or micro entity420.00

(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 USPTO patent electronic filing system, except for a reissue, design, or plant application:

Table 20 to Paragraph (t)

By a small entity (§ 1.27(a) ) $200.00
By other than a small entity$400.00

Note to § 1.16 : See §§ 1.445 , 1.482 and 1.492 for international application filing and processing fees.

(u) Additional fee for any application filed on or after January 17, 2024 under 35 U.S.C. 111 for an original patent, except design, plant, or provisional applications, where the specification, claims, and/or abstract does not conform to the USPTO requirements for submission in DOCX format:

Table 21 to Paragraph (u)

By a micro entity (§ 1.29 ) $80.00
By a small entity (§ 1.27(a) ) 160.00
By a small entity (§ 1.27(a) ) if the application is submitted in compliance with the USPTO patent electronic filing system (§ 1.27(b)(2) ) 160.00
By other than a small or micro entity400.00

37 C.F.R. §1.16

70 FR 3887, Jan. 27, 2005, as amended at 70 FR 30365, May 26, 2005; 72 FR 46901, Aug. 22, 2007; 73 FR 47540, Aug. 14, 2008; 76 FR 70653, Nov. 15, 2011; 77 FR 48812, Aug. 14, 2012; 77 FR 54365, Sept. 5, 2012; 78 FR 4284, Jan. 18, 2013; 78 FR 62395, Oct. 21, 2013; 80 FR 17954, Apr. 2, 2015; 82 FR 52813, Nov. 14, 2017; 85 FR 46985, Aug. 3, 2020; 88 FR 17153, Mar. 22, 2023
82 FR 52813, 1/16/2018; 85 FR 46985, 10/2/2020; 86 FR 66193, 1/1/2023; 87 FR 80074, 4/3/2023; 88 FR 17153, 3/22/2023; 88 FR 18053, 6/30/2023; 88 FR 36957, 1/17/2024

Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations.

Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations.

Part 7 is placed in the separate grouping of parts pertaining to trademarks regulations.

Part 1 is placed in the separate grouping of parts pertaining to patents regulations.

Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations.

Part 4 is placed in the separate grouping of parts pertaining to patents regulations.

Part 5 is placed in the separate grouping of parts pertaining to patents regulations.

Effective Date Note: At 85 FR 46985, Aug. 3, 2020, § 1.16 was amended by adding paragraph (u), effective Jan. 1, 2022. This effective date was delayed until Jan. 1, 2023 at 86 FR 66193, Nov. 22, 2021 and delayed to Apr. 3, 2023 at 87 FR 80073, Dec. 29, 2022. At 88 FR 18053, Mar. 27, 2023, the effective date was further delayed to June 30, 2023.