§ 1.16 - National application filing, search, and examination fees.

§ 1.16 National application filing, search, and examination fees.

Cross Reference

Link to an amendment published at 85 FR 46985, Aug. 3, 2020.

Cross Reference

Link to an amendment published at 86 FR 66193, Nov. 22, 2021.

Cross Reference

Link to an amendment published at 87 FR 80073, Dec. 29, 2022.

Cross Reference

Link to an amendment published at 87 FR 80074, Dec. 29, 2022.

Cross Reference

Link to an amendment published at 88 FR 17154, Mar. 22, 2023.

Cross Reference

Link to an amendment published at 88 FR 18053, Mar. 27, 2023.

Cross Reference

Link to a delay of the above amendment published at 88 FR 36957, June 6, 2023.

(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 entity	320.00

(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 entity	220.00

(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 entity	220.00

(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 entity	300.00

(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 entity	320.00

(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 entity	160.00

(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 entity	60.00

(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 entity	480.00

(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 entity	100.00

(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 entity	860.00

(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 entity	700.00

(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 entity	160.00

(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 entity	440.00

(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 entity	700.00

(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 entity	800.00

(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 entity	640.00

(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 entity	660.00

(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 entity	2,320.00

(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 entity	420.00

(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

(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 entity	400.00

Note to § 1.16:

See §§ 1.445, 1.482 and 1.492 for international application filing and processing fees.

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

[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]

Effective Date Note

86 FR 66193, Nov. 22, 2021

and delayed to Apr. 3, 2023 at

; 87 FR 80073, Dec. 29, 2022

. At

; 88 FR 17154, Mar. 22, 2023; 88 FR 18053, Mar. 27, 2023

, the effective date was further delayed to June 30, 2023.

; 88 FR 36957, June 6, 2023]