Code of Federal Regulations (alpha)

CFR /  Title 37  /  Part 1  /  (a) For providing a certificate of correction for $100.00

applicant's mistake (Sec. 1.323)........................(b) Processing fee for correcting inventorship in a patent $130.00

(Sec. 1.324)............................................(c) In reexamination proceedings:(1) For filing a request for ex parte reexamination (Sec.

1.510(a)):

By a micro entity (Sec. 1.29).......................... $3,000.00

By a small entity (Sec. 1.27(a))....................... $6,000.00

By other than a small or micro entity.................... $12,000.00(2) [Reserved](3) For filing with a request for reexamination or later

presentation at any other time of each claim in

independent form in excess of 3 and also in excess of the

number of claims in independent form in the patent under

reexamination:

By a micro entity (Sec. 1.29).......................... $105.00

By a small entity (Sec. 1.27(a))....................... $210.00

By other than a small or micro entity.................... $420.00(4) For filing with a request for reexamination or later

presentation at any other time of each claim (whether

dependent or independent) in excess of 20 and also in

excess of the number of claims in the patent under

reexamination (note that Sec. 1.75(c) indicates how

multiple dependent claims are considered for fee

calculation purposes):

By a micro entity (Sec. 1.29).......................... $20.00

By a small entity (Sec. 1.27(a))....................... $40.00

By other than a small or micro entity.................... $80.00(5) If the excess claims fees required by paragraphs (c)(3)

and (4) of this section are not paid with the request for

reexamination or on later presentation of the claims for

which the excess claims fees are due, the fees required by

paragraphs (c)(3) and (4) must be paid or the claims

canceled by amendment prior to the expiration of the time

period set for reply by the Office in any notice of fee

deficiency in order to avoid abandonment.(6) For filing a petition in a reexamination proceeding,

except for those specifically enumerated in Sec. Sec.

1.550(i) and 1.937(d):

By a micro entity (Sec. 1.29).......................... $485.00

By a small entity (Sec. 1.27(a))....................... $970.00

By other than a small or micro entity.................... $1,940.00(7) For a refused request for ex parte reexamination under

Sec. 1.510 (included in the request for ex parte

reexamination fee at Sec. 1.20(c)(1)):

By a micro entity (Sec. 1.29).......................... $900.00

By a small entity (Sec. 1.27(a))....................... $1,800.00

By other than a small or micro entity.................... $3,600.00(d) For filing each statutory disclaimer (Sec. 1.321).... $160.00(e) For maintaining an original or reissue patent, except a

design or plant patent, based on an application filed on

or after December 12, 1980, in force beyond four years,

the fee being due by three years and six months after the

original grant:

By a micro entity (Sec. 1.29).......................... $400.00

By a small entity (Sec. 1.27(a))....................... $800.00

By other than a small or micro entity.................... $1,600.00(f) For maintaining an original or reissue patent, except a

design or plant patent, based on an application filed on

or after December 12, 1980, in force beyond eight years,

the fee being due by seven years and six months after the

original grant:

By a micro entity (Sec. 1.29).......................... $900.00

By a small entity (Sec. 1.27(a))....................... $1,800.00

By other than a small or micro entity.................... $3,600.00(g) For maintaining an original or reissue patent, except a

design or plant patent, based on an application filed on

or after December 12, 1980, in force beyond twelve years,

the fee being due by eleven years and six months after the

original grant:

By a micro entity (Sec. 1.29).......................... $1,850.00

By a small entity (Sec. 1.27(a))....................... $3,700.00

By other than a small or micro entity.................... $7,400.00(h) Surcharge for paying a maintenance fee during the six-

month grace period following the expiration of three years

and six months, seven years and six months, and eleven

years and six months after the date of the original grant

of a patent based on an application filed on or after

December 12, 1980:

By a micro entity (Sec. 1.29).......................... $40.00

By a small entity (Sec. 1.27(a))....................... $80.00

By other than a small or micro entity.................... $160.00(i) [Reserved](j) For filing an application for extension of the term of

a patent..................................................Application for extension under Sec. 1.740............... $1,120.00Initial application for interim extension under Sec. $420.00

1.790.....................................................Subsequent application for interim extension under Sec. $220.00

1.790.....................................................(k) In supplemental examination proceedings:(1) For processing and treating a request for supplemental

examination:

By a micro entity (Sec. 1.29).......................... $1,100.00

By a small entity (Sec. 1.27(a))....................... $2,200.00

By other than a small or micro entity.................... $4,400.00(2) For ex parte reexamination ordered as a result of a

supplemental examination proceeding:

By a micro entity (Sec. 1.29).......................... $3,025.00

By a small entity (Sec. 1.27(a))....................... $6,050.00

By other than a small or micro entity.................... $12,100.00(3) For processing and treating, in a supplemental

examination proceeding, a non-patent document over 20

sheets in length, per document:(i) Between 21 and 50 sheets:

By a micro entity (Sec. 1.29).......................... $45.00

By a small entity (Sec. 1.27(a))....................... $90.00

By other than a small or micro entity.................... $180.00(ii) For each additional 50 sheets or a fraction thereof:

By a micro entity (Sec. 1.29).......................... $70.00

By a small entity (Sec. 1.27(a))....................... $140.00

By other than a small or micro entity.................... $280.00

[78 FR 17106, Mar. 20, 2013, as amended at 78 FR 62395, Oct. 21, 2013]