2024-26821. Setting and Adjusting Patent Fees During Fiscal Year 2025

Table 1 to Paragraph ( a )
By a micro entity (§ 1.29)	$70.00
By a small entity (§ 1.27(a))	140.00
By a small entity (§ 1.27(a)) if the application is submitted in compliance with the USPTO electronic filing system (§ 1.27(b)(2))	70.00
By other than a small or micro entity	350.00

(b) * * *

Table 2 to Paragraph ( b )
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

Table 3 to Paragraph ( c )
By a micro entity (§ 1.29)	$48.00
By a small entity (§ 1.27(a))	96.00
By other than a small or micro entity	240.00

(d) * * *

Table 4 to Paragraph ( d )
By a micro entity (§ 1.29)	$65.00
By a small entity (§ 1.27(a))	130.00
By other than a small or micro entity	325.00

(e) * * *

Table 5 to Paragraph ( e )
By a micro entity (§ 1.29)	$70.00
By a small entity (§ 1.27(a))	140.00
By other than a small or micro entity	350.00

(f) * * *

Table 6 to Paragraph ( f )
By a micro entity (§ 1.29)	$34.00
By a small entity (§ 1.27(a))	68.00
By other than a small or micro entity	170.00

(g) * * *

Table 7 to Paragraph ( g )
By a micro entity (§ 1.29)	$13.00
By a small entity (§ 1.27(a))	26.00
By other than a small or micro entity	65.00

(h) * * *

Table 8 to Paragraph ( h )
By a micro entity (§ 1.29)	$120.00
By a small entity (§ 1.27(a))	240.00
By other than a small or micro entity	600.00

(i) * * *

Table 9 to Paragraph ( i )
By a micro entity (§ 1.29)	$40.00
By a small entity (§ 1.27(a))	80.00
By other than a small or micro entity	200.00

(j) * * *

Table 10 to Paragraph ( j )
By a micro entity (§ 1.29)	$185.00
By a small entity (§ 1.27(a))	370.00
By other than a small or micro entity	925.00

(k) * * *

Table 11 to Paragraph ( k )
By a micro entity (§ 1.29)	$154.00
By a small entity (§ 1.27(a))	308.00
By other than a small or micro entity	770.00

(l) * * *

Table 12 to Paragraph ( l )
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

(m) * * * ( print page 92004)

Table 13 to Paragraph ( m )
By a micro entity (§ 1.29)	$97.00
By a small entity (§ 1.27(a))	194.00
By other than a small or micro entity	485.00

(n) * * *

Table 14 to Paragraph ( n )
By a micro entity (§ 1.29)	$154.00
By a small entity (§ 1.27(a))	308.00
By other than a small or micro entity	770.00

(o) * * *

Table 15 to Paragraph ( o )
By a micro entity (§ 1.29)	$176.00
By a small entity (§ 1.27(a))	352.00
By other than a small or micro entity	880.00

(p) * * *

Table 16 to Paragraph ( p )
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

(q) * * *

Table 17 to Paragraph ( q )
By a micro entity (§ 1.29)	$145.00
By a small entity (§ 1.27(a))	290.00
By other than a small or micro entity	725.00

(r) * * *

Table 18 to Paragraph ( r )
By a micro entity (§ 1.29)	$510.00
By a small entity (§ 1.27(a))	1,020.00
By other than a small or micro entity	2,550.00

(s) * * *

Table 19 to Paragraph ( s )
By a micro entity (§ 1.29)	$90.00
By a small entity (§ 1.27(a))	180.00
By other than a small or micro entity	450.00

(u) * * *

Table 21 to Paragraph ( u )
By a micro entity (§ 1.29)	$86.00
By a small entity (§ 1.27(a))	172.00
By other than a small or micro entity	430.00

3. Section 1.17 is amended by:

a. Revising paragraph (a) introductory text;

b. Revising tables 1 through 10 in paragraphs (a)(1) through (5), (c), (d), (e)(1) and (2), and (f);

c. Revising paragraph (g);

d. Redesignating tables 12 through 15 in paragraphs (h), (i)(1) and (2), and (k) as tables 14 through 17 to paragraphs (h), (i)(1) and (2), and (k) and revising them;

e. Revising paragraph (m);

f. Redesignating tables 17 and 18 in paragraphs (o) and (p) as table 21 and 22 to paragraphs (o) and (p) and revising them;

g. Revising paragraph (q);

h. Redesigning tables 19 through 21 in paragraphs (r) through (t) as tables 23 through 25 to paragraphs (r) through (t) and revising them; and

i. Adding paragraphs (u) through (w).

The revisions and additions read as follows:

§ 1.17

Patent application and reexamination processing fees.

(a) Extension fees pursuant to § 1.136(a), except in provisional applications filed under § 1.53(c):

(1) * * *

Table 1 to Paragraph ( a )(1)
By a micro entity (§ 1.29)	$47.00
By a small entity (§ 1.27(a))	94.00
By other than a small or micro entity	235.00

(2) * * *

Table 2 to Paragraph ( a )(2)
By a micro entity (§ 1.29)	$138.00
By a small entity (§ 1.27(a))	276.00
By other than a small or micro entity	690.00

(3) * * *

Table 3 to Paragraph ( a )(3)
By a micro entity (§ 1.29)	$318.00
By a small entity (§ 1.27(a))	636.00
By other than a small or micro entity	1,590.00

(4) * * *

Table 4 to Paragraph ( a )(4)
By a micro entity (§ 1.29)	$499.00
By a small entity (§ 1.27(a))	998.00
By other than a small or micro entity	2,495.00

(5) * * *

Table 5 to Paragraph ( a )(5)
By a micro entity (§ 1.29)	$679.00
By a small entity (§ 1.27(a))	1,358.00
By other than a small or micro entity	3,395.00

Table 6 to Paragraph ( c )
By a micro entity (§ 1.29)	$903.00
By a small entity (§ 1.27(a))	1,806.00
By other than a small or micro entity	4,515.00

(d) * * *

Table 7 to Paragraph ( d )
By a micro entity (§ 1.29)	$138.00
By a small entity (§ 1.27(a))	276.00
By other than a small or micro entity	690.00

(e) * * *

(1) * * *

Table 8 to Paragraph ( e )(1)
By a micro entity (§ 1.29)	$300.00
By a small entity (§ 1.27(a))	600.00
By other than a small or micro entity	1,500.00

(2) * * *

Table 9 to Paragraph ( e )(2)
By a micro entity (§ 1.29)	$572.00
By a small entity (§ 1.27(a))	1,144.00
By other than a small or micro entity	2,860.00

(f) * * *

Table 10 to Paragraph ( f )
By a micro entity (§ 1.29)	$90.00
By a small entity (§ 1.27(a))	180.00
By other than a small or micro entity	450.00
Note 1 to table 10 to paragraph (f):
1.36(a)—for revocation of a power of attorney by fewer than all of the applicants.
§ 1.53(e)—to accord a filing date.
§ 1.182—for decision on a question not specifically provided for in an application for patent.
§ 1.183—to suspend the rules in an application for patent.
§ 1.741(b)—to accord a filing date to an application under § 1.740 for extension of a patent term.
§ 1.1023—to review the filing date of an international design application.

( print page 92005)

(g)(1) For filing a petition under one of the following sections which refers to this paragraph (g):

Table 11 to Paragraph ( g )(1)
By a micro entity (§ 1.29)	$47.00
By a small entity (§ 1.27(a))	94.00
By other than a small or micro entity	235.00
Note 2 to table 11 to paragraph (g)(1):
§ 1.12—for access to an assignment record.
§ 1.14—for access to an application.
§ 1.46—for filing an application on behalf of an inventor by a person who otherwise shows sufficient proprietary interest in the matter.
§ 1.55(f)—for filing a belated certified copy of a foreign application.
§ 1.55(g)—for filing a belated certified copy of a foreign application.
§ 1.57(a)—for filing a belated certified copy of a foreign application.
§ 1.59—for expungement of information.
§ 1.136(b)—for review of a request for extension of time when the provisions of § 1.136(a) are not available.
§ 1.377—for review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of a patent.
§ 1.550(c)—for patent owner requests for extension of time in ex parte reexamination proceedings.
§ 1.956—for patent owner requests for extension of time in inter partes reexamination proceedings.
§ 5.12 of this chapter—for expedited handling of a foreign filing license.
§ 5.15 of this chapter—for changing the scope of a license.
§ 5.25 of this chapter—for retroactive license.

(2) For filing a petition to suspend action in an application under § 1.103(a):

(i) For filing a first request for suspension pursuant to § 1.103(a) in an application:

Table 12 to Paragraph ( g )(2)( i )
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

(ii) For filing a second or subsequent request for suspension pursuant to § 1.103(a) in an application:

Table 13 to Paragraph ( g )(2)( ii )
By a micro entity (§ 1.29)	$90.00
By a small entity (§ 1.27(a))	180.00
By other than a small or micro entity	450.00

(h) * * *

Table 14 to Paragraph ( h )
By a micro entity (§ 1.29)	$30.00
By a small entity (§ 1.27(a))	60.00
By other than a small or micro entity	150.00
Note 3 to table 14 to paragraph (h):
1.84—for accepting color drawings or photographs.
§ 1.91—for entry of a model or exhibit.
§ 1.102(d)—to make an application special.
§ 1.138(c)—to expressly abandon an application to avoid publication.
§ 1.313—to withdraw an application from issue.
§ 1.314—to defer issuance of a patent.

(i) * * *

(1) * * *

Table 15 to Paragraph ( i )(1)
By a micro entity (§ 1.29)	$30.00
By a small entity (§ 1.27(a))	60.00
By other than a small or micro entity	150.00
Note 4 to table 15 to paragraph (i)(1):
§ 1.28(c)(3)—for processing a non-itemized fee deficiency based on an error in small entity status.
§ 1.29(k)(3)—for processing a non-itemized fee deficiency based on an error in micro entity status.
§ 1.41(b)—for supplying the name or names of the inventor or joint inventors in an application without either an application data sheet or the inventor's oath or declaration, except in provisional applications.
§ 1.48—for correcting inventorship, except in provisional applications.
§ 1.52(d)—for processing a nonprovisional application filed with a specification in a language other than English.
§ 1.53(c)(3)—to convert a provisional application filed under § 1.53(c) into a nonprovisional application under § 1.53(b).
§ 1.71(g)(2)—for processing a belated amendment under § 1.71(g).
§ 1.102(e)—for requesting prioritized examination of an application.
§ 1.103(b)—for requesting limited suspension of action, continued prosecution application for a design patent (§ 1.53(d)).
§ 1.103(c)—for requesting limited suspension of action, request for continued examination (§ 1.114).
§ 1.103(d)—for requesting deferred examination of an application.
§ 1.291(c)(5)—for processing a second or subsequent protest by the same real party in interest.
§ 3.81 of this chapter—for a patent to issue to assignee, assignment submitted after payment of the issue fee.

(2) * * *

Table 16 to Paragraph ( i )(2)
By a micro entity (§ 1.29)	$151.00
By a small entity (§ 1.27(a))	151.00
By other than a small or micro entity	151.00
Note 5 to table 16 to paragraph (i)(2):
§ 1.217—for processing a redacted copy of a paper submitted in the file of an application in which a redacted copy was submitted for the patent application publication.
§ 1.221—for requesting voluntary publication or republication of an application.

(k) * * *

Table 17 to Paragraph ( k )
By a micro entity (§ 1.29)	$344.00
By a small entity (§ 1.27(a))	688.00
By other than a small or micro entity	1,720.00

(m)(1) For filing a petition under one of the following sections which refers to this paragraph (m), when the petition is filed more than two years after the date when the required action was due:

Table 18 to Paragraph ( m )(1)
By a micro entity (§ 1.29)	$600.00
By a small entity (§ 1.27(a))	1,200.00
By other than a small or micro entity	3,000.00
Note 6 to table 18 to paragraph (m)(1):
§ 1.55(e)—for the delayed submission of a priority claim, when the petition is filed more than two years after the date when the priority claim was due.
§ 1.78(c) or (e)—for the delayed submission of a benefit claim, when the petition is filed more than two years after the date when the benefit claim was due.
§ 1.137—for filing a petition for the revival of an abandoned application for a patent, or for the delayed payment of the fee for issuing each patent, when the petition is filed more than two years after the abandonment of the application.
§ 1.137—for filing a petition for the revival of a reexamination proceeding that was terminated or limited due to a delayed response by the patent owner, when the petition is filed more than two years after the termination or limitation of the reexamination proceeding.
§ 1.378—for filing a petition to accept a delayed payment of the fee for maintaining a patent in force, when the petition is filed more than two years after the patent expiration date.
§ 1.1051—for filing a petition to excuse an applicant's failure to act within prescribed time limits in an international design application, when the petition is filed more than two years after the abandonment of the application.

(2) For filing a petition under § 1.55(e), § 1.78(c), § 1.78(e), § 1.137, § 1.1051, or § 1.378, when the petition is filed before the time period specified in paragraph (m)(1) of this section:

Table 19 to Paragraph ( m )(2)
By a micro entity (§ 1.29)	$452.00
By a small entity (§ 1.27(a))	904.00
By other than a small or micro entity	2,260.00

(3) For filing a petition under § 1.55(c), § 1.78(b), or § 1.452 for the extension of the 12-month (six-month for designs) period for filing a subsequent application:

Table 20 to Paragraph ( m )(3)
By a micro entity (§ 1.29)	$452.00
By a small entity (§ 1.27(a))	904.00
By other than a small or micro entity	2,260.00

( print page 92006)

(o) * * *

Table 21 to Paragraph ( o )
By a small entity (§ 1.27(a)) or micro entity (§ 1.29)	$78.00
By other than a small or micro entity	195.00

(p) * * *

Table 22 to Paragraph ( p )
By a micro entity (§ 1.29)	$56.00
By a small entity (§ 1.27(a))	112.00
By other than a small or micro entity	280.00

(q) Processing fee for taking action under one of the following sections which refers to this paragraph (q): $54.00.

(1) Section 1.41—to supply the name or names of the inventor or inventors after the filing date without a cover sheet as prescribed by § 1.51(c)(1) in a provisional application.

(2) Section 1.48—for correction of inventorship in a provisional application.

(3) Section 1.53(c)(2)—to convert a nonprovisional application filed under § 1.53(b) to a provisional application under § 1.53(c).

(r) * * *

Table 23 to Paragraph ( r )
By a micro entity (§ 1.29)	$189.00
By a small entity (§ 1.27(a))	378.00
By other than a small or micro entity	945.00

(s) * * *

Table 24 to Paragraph ( s )
By a micro entity (§ 1.29)	$189.00
By a small entity (§ 1.27(a))	378.00
By other than a small or micro entity	945.00

(t) * * *

Table 25 to Paragraph ( t )
By a micro entity (§ 1.29)	$39.00
By a small entity (§ 1.27(a))	78.00
By other than a small or micro entity	195.00

(u) Extension fees pursuant to § 1.136(a) in provisional applications filed under § 1.53(c):

(1) For reply within first month:

Table 26 to Paragraph ( u )(1)
By a micro entity (§ 1.29)	$10.00
By a small entity (§ 1.27(a))	20.00
By other than a small or micro entity	50.00

(2) For reply within second month:

Table 27 to Paragraph ( u )(2)
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

(3) For reply within third month:

Table 28 to Paragraph ( u )(3)
By a micro entity (§ 1.29)	$40.00
By a small entity (§ 1.27(a))	80.00
By other than a small or micro entity	200.00

(4) For reply within fourth month:

Table 29 to Paragraph ( u )(4)
By a micro entity (§ 1.29)	$80.00
By a small entity (§ 1.27(a))	160.00
By other than a small or micro entity	400.00

(5) For reply within fifth month:

Table 30 to Paragraph ( u )(5)
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

(v) Information disclosure statement size fee for an information disclosure statement filed under § 1.97 that, inclusive of the number of applicant-provided or patent owner-provided items of information listed under § 1.98(a)(1) on the information disclosure statement, causes the cumulative number of applicant-provided or patent owner-provided items of information under § 1.98(a)(1) during the pendency of the application or reexamination proceeding to:

(1) Exceed 50 but not exceed 100. . . . . .$200;

(2) Exceed 100 but not exceed 200. . . . . .$500, less any amount previously paid under paragraph (v)(1) of this section; and

(3) Exceed 200. . . . . .$800, less any amounts previously paid under paragraphs (v)(1) and/or (2) of this section.

(w) Additional fee for presenting a benefit claim in a nonprovisional application under 35 U.S.C. 120, 121, 365(c), or 386(c) and § 1.78(d):

(1) When the actual filing date of the nonprovisional application in which the benefit claim is presented is more than six years and no more than nine years from the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and § 1.78(d):

Table 31 to Paragraph ( w )(1)
By a micro entity (§ 1.29)	$540.00
By a small entity (§ 1.27(a))	1,080.00
By other than a small or micro entity	2,700.00

(2) When the actual filing date of the nonprovisional application in which the benefit claim is presented is more than nine years from the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and § 1.78(d), the amount shown in this paragraph is due, less any amount previously paid under paragraph (w)(1) of this section:

Table 32 to Paragraph ( w )(2)
By a micro entity (§ 1.29)	$800.00
By a small entity (§ 1.27(a))	1,600.00
By other than a small or micro entity	4,000.00

4. Section 1.18 is amended by:

a. Revising tables 1 through 3 in paragraphs (a), (b)(1), and (c); and

b. Revising paragraphs (d)(2) and (3), (e), and (f).

The revisions read as follows:

§ 1.18

Patent post allowance (including issue) fees.

(a) * * *

Table 1 to Paragraph ( a )
By a micro entity (§ 1.29)	$258.00
By a small entity (§ 1.27(a))	516.00
By other than a small or micro entity	1,290.00

(b)(1) * * *

Table 2 to Paragraph ( b )(1)
By a micro entity (§ 1.29)	$260.00
By a small entity (§ 1.27(a))	520.00
By other than a small or micro entity	1,300.00

Table 3 to Paragraph ( c )
By a micro entity (§ 1.29)	$181.00
By a small entity (§ 1.27(a))	362.00
By other than a small or micro entity	905.00

(d) * * *

(2) Publication fee before January 1, 2014: $320.00. ( print page 92007)

(3) Republication fee (§ 1.221(a)): $344.00.

(e) For filing an application for patent term adjustment under § 1.705: $226.00

(f) For filing a request for reinstatement of all or part of the term reduced pursuant to § 1.704(b) in an application for patent term adjustment under § 1.705: $452.00.

5. Section 1.19 is amended by revising paragraphs (a)(2), (b)(1)(i)(A), (B), and (D), (b)(1)(ii)(A) and (B), (b)(3) and (4), and (f) to read as follows:

§ 1.19

Document supply fees.

(a) * * *

(2) Printed copy of a plant patent in color: $16.00.

(b) * * *

(1) * * *

(i) * * *

(A) Application as filed: $38.00.

(B) Copy Patent File Wrapper, Paper Medium, Any Number of Sheets: $312.00.

(D) Individual application documents, other than application as filed, per document: $27.00.

(ii) * * *

(A) Application as filed: $38.00.

(B) Copy Patent File Wrapper, Electronic, Any Medium, Any Size: $65.00.

(3) Copy of Office records, except copies available under paragraph (b)(1) or (2) of this section: $27.00.

(4) For assignment records, abstract of title and certification, per patent: $38.00.

(f) Uncertified copy of a non-United States patent document, per document: $27.00.

6. Section 1.20 is amended by:

a. Revising paragraphs (a) and (b);

b. Revising tables 1 through 5 in paragraphs (c)(1)(i) through (c)(4) and (c)(6);

c. Revising paragraph (d);

d. Revising tables 7 through 10 in paragraphs (e) through (h);

e. Revising paragraph (j); and

f. Redesignating tables 12 through 15 in paragraphs (k)(1) and (2) and (k)(3)(i) and (ii) as tables 11 through 14 in paragraphs (k)(1) and (2) and (k)(3)(i) and (ii) and revising them.

The revisions read as follows:

§ 1.20

Post-issuance fees.

(a) For providing a certificate of correction for an applicant's mistake (§ 1.323): $172.00.

(b) Processing fee for correcting inventorship in a patent (§ 1.324): $172.00.

(1)(i) * * * * *

Table 1 to Paragraph ( c )(1)( i )
By a micro entity (§ 1.29)	$1,355.00
By a small entity (§ 1.27(a))	2,710.00
By other than a small or micro entity	6,775.00

(2) * * *

Table 2 to Paragraph ( c )(2)
By a micro entity (§ 1.29)	$2,709.00
By a small entity (§ 1.27(a))	5,418.00
By other than a small or micro entity	13,545.00

(3) * * *

Table 3 to Paragraph ( c )(3)
By a micro entity (§ 1.29)	$120.00
By a small entity (§ 1.27(a))	240.00
By other than a small or micro entity	600.00

(4) * * *

Table 4 to Paragraph ( c )(4)
By a micro entity (§ 1.29)	$40.00
By a small entity (§ 1.27(a))	80.00
By other than a small or micro entity	200.00

(6) * * *

Table 5 to Paragraph ( c )(6)
By a micro entity (§ 1.29)	$439.00
By a small entity (§ 1.27(a))	878.00
By other than a small or micro entity	2,195.00

(d) For filing each statutory disclaimer (§ 1.321): $183.00.

(e) * * *

Table 7 to Paragraph ( e )
By a micro entity (§ 1.29)	$430.00
By a small entity (§ 1.27(a))	860.00
By other than a small or micro entity	2,150.00

(f) * * *

Table 8 to Paragraph ( f )
By a micro entity (§ 1.29)	$808.00
By a small entity (§ 1.27(a))	1,616.00
By other than a small or micro entity	4,040.00

(g) * * *

Table 9 to Paragraph ( g )
By a micro entity (§ 1.29)	$1,656.00
By a small entity (§ 1.27(a))	3,312.00
By other than a small or micro entity	8,280.00

(h) * * *

Table 10 to Paragraph ( h )
By a micro entity (§ 1.29)	$108.00
By a small entity (§ 1.27(a))	216.00
By other than a small or micro entity	540.00

(j) For filing an application for extension of the term of a patent:

(1) Application for extension under § 1.740: $2,500.00.

(2) Initial application for interim extension under § 1.790: $1,320.00.

(3) Subsequent application for interim extension under § 1.790: $680.00.

(4) Requesting supplemental redetermination after notice of final determination: $1,440.00.

(k) * * *

(1) * * *

Table 11 to Paragraph ( k )(1)
By a micro entity (§ 1.29)	$993.00
By a small entity (§ 1.27(a))	1,986.00
By other than a small or micro entity	4,965.00

(2) * * *

Table 12 to Paragraph ( k )(2)
By a micro entity (§ 1.29)	$2,731.00
By a small entity (§ 1.27(a))	5,462.00
By other than a small or micro entity	13,655.00

(3) * * *

(i) * * *

Table 13 to Paragraph ( k )(3)( i )
By a micro entity (§ 1.29)	$39.00
By a small entity (§ 1.27(a))	78.00
By other than a small or microentity	195.00

(ii) * * *

Table 14 to Paragraph ( k )(3)( ii )
By a micro entity (§ 1.29)	$65.00
By a small entity (§ 1.27(a))	130.00
By other than a small or micro entity	325.00

7. Section 1.21 is amended by:

a. Revising paragraphs (a)(1)(i), (a)(1)(ii)(A), (a)(1)(iii) and (iv), (a)(2)(i) ( print page 92008) and (ii), (a)(4)(i) and (ii), (a)(5)(i) and (ii), (a)(6)(ii), (a)(9)(i) and (ii), (a)(10), (e), (h)(2), (i), and (n);

b. Revising tables 1 and 2 in paragraphs (o)(1) and (2); and

c. Revising paragraphs (p) and (q).

The revisions read as follows:

§ 1.21

Miscellaneous fees and charges.

(a) * * *

(l) * * *

(i) Application Fee (non-refundable): $118.00.

(ii) * * *

(A) For test administration by commercial entity: $226.00.

(iii) For USPTO-administered review of registration examination: $505.00.

(iv) Request for extension of time in which to schedule examination for registration to practice (non-refundable): $124.00.

(2) * * *

(i) On registration to practice under § 11.6 of this chapter: $226.00.

(ii) On grant of limited recognition under § 11.9(b) of this chapter: $226.00.

(4) * * *

(i) Standard: $43.00.

(ii) Suitable for framing: $54.00.

(5) * * *

(i) By the Director of Enrollment and Discipline under § 11.2(c) of this chapter: $452.00.

(ii) Of the Director of Enrollment and Discipline under § 11.2(d) of this chapter: $452.00.

(6) * * *

(ii) For USPTO-assisted change of address: $75.00.

(9) * * *

(i) Delinquency fee: $54.00.

(ii) Administrative reinstatement fee: $226.00.

(10) On application by a person for recognition or registration after disbarment or suspension on ethical grounds, or resignation pending disciplinary proceedings in any other jurisdiction; on application by a person for recognition or registration who is asserting rehabilitation from prior conduct that resulted in an adverse decision in the Office regarding the person's moral character; on application by a person for recognition or registration after being convicted of a felony or crime involving moral turpitude or breach of fiduciary duty; and on petition for reinstatement by a person excluded or suspended on ethical grounds, or excluded on consent from practice before the Office: $1,806.00.

(e) International type search reports: For preparing an international type search report of an international type search made at the time of the first action on the merits in a national patent application: $43.00

(h) * * *

(2) If not submitted electronically: $54.00

(i) Publication in Official Gazette: For publication in the Official Gazette of a notice of the availability of an application or a patent for licensing or sale: Each application or patent: $27.00.

(n) For handling an application in which proceedings are terminated pursuant to § 1.53(e): $151.00.

(o) * * *

(1) * * *

Table 1 to Paragraph ( o )(1)
By a micro entity (§ 1.29)	$228.00
By a small entity (§ 1.27(a))	456.00
By other than a small or micro entity	1,140.00

(2) * * *

Table 2 to Paragraph ( o )(2)
By a micro entity (§ 1.29)	$2,258.00
By a small entity (§ 1.27(a))	4,516.00
By other than a small or micro entity	11,290.00

(p) Additional Fee for Overnight Delivery: $43.00.

(q) Additional fee for expedited service: $183.00.

8. Section 1.78 is amended by revising paragraphs (d)(3)(i) and (e)(2) to read as follows:

§ 1.78

Claiming benefit of earlier filing date and cross-references to other applications.

(d) * * *

(3)(i) The reference required by 35 U.S.C. 120 and paragraph (d)(2) of this section, and the applicable fee set forth in § 1.17(w), must be submitted during the pendency of the later-filed application.

(e) * * *

(2) The petition fee as set forth in § 1.17(m), and the applicable fee set forth in § 1.17(w); and

9. Section 1.97 is amended by revising paragraph (a) to read as follows:

§ 1.97

Filing of information disclosure statement.

(a) In order for an applicant for a patent or for a reissue of a patent to have an information disclosure statement in compliance with § 1.98 considered by the Office during the pendency of the application, the information disclosure statement must satisfy one of paragraph (b), (c), or (d) of this section and be accompanied by any applicable information disclosure statement size fee under § 1.17(v).

10. Section 1.98 is amended by revising paragraph (a) introductory text and adding paragraph (a)(4) to read as follows:

§ 1.98

Content of information disclosure statement.

(a) Any information disclosure statement filed under § 1.97 shall include the items listed in paragraphs (a)(1) through (4) of this section.

(4) A clear written assertion that the information disclosure statement is accompanied by the applicable information disclosure statement size fee under § 1.17(v) or a clear written assertion that no information disclosure statement size fee under § 1.17(v) is required.

11. Section 1.136 is amended by revising paragraph (a)(1) introductory text to read as follows:

§ 1.136

Extensions of time.

(a)(1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) or (u) are filed, unless:

12. Section 1.138 is amended by revising paragraph (d) to read as follows:

§ 1.138

Express abandonment.

(d) An applicant seeking to abandon an application filed under 35 U.S.C. 111(a) and § 1.53(b) on or after December 8, 2004, or a national stage application under 35 U.S.C. 371 in which the basic national fee was paid on or after December 8, 2004 to obtain a refund of the search fee and excess claims fee paid in the application, must submit a declaration of express abandonment by way of a petition under this paragraph before an examination has been made of the application. The date indicated on any certificate of mailing or transmission under § 1.8 will ( print page 92009) not be taken into account in determining whether a petition under this paragraph (d) was filed before an examination has been made of the application. Refunds under this paragraph are limited to the search fees and excess claims fees set forth in §§ 1.16 and 1.492. If a request for refund of the search fee and excess claims fee paid in the application is not filed with the declaration of express abandonment under this paragraph or within two months from the date on which the declaration of express abandonment under this paragraph was filed, the Office may retain the entire search fee and excess claims fee paid in the application. This two-month period is not extendable. If a petition and declaration of express abandonment under this paragraph are not filed before an examination has been made of the application, the Office will not refund any part of the search fee and excess claims fee paid in the application except as provided in § 1.26.

13. Section 1.445 is amended by revising and republishing paragraph (a) to read as follows:

§ 1.445

International application filing, processing and search fees.

(a) The following fees and charges for international applications are established by law or by the director under the authority of 35 U.S.C. 376:

(1) A transmittal fee (see 35 U.S.C. 361(d) and PCT Rule 14) consisting of:

(i) A basic portion:

(A) For an international application having a receipt date that is on or after January 19, 2025:

Table 1 to Paragraph ( a )(1)( i )(A)
By a micro entity (§ 1.29)	$57.00
By a small entity (§ 1.27(a))	114.00
By other than a small or micro entity	285.00

(B) For an international application having a receipt date that is on or after December 29, 2022, and before January 19, 2025:

Table 2 to Paragraph ( a )(1)( i )(B)
By a micro entity (§ 1.29)	$52.00
By a small entity (§ 1.27(a))	104.00
By other than a small or micro entity	260.00

(C) For an international application having a receipt date that is on or after October 2, 2020, and before December 29, 2022:

Table 3 to Paragraph ( a )(1)(i)(C)
By a micro entity (§ 1.29)	$65.00
By a small entity (§ 1.27(a))	130.00
By other than a small or micro entity	260.00

(D) For an international application having a receipt date that is on or after January 1, 2014, and before October 2, 2020:

Table 4 to Paragraph ( a )(1)( i )(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	240.00

(E) For an international application having a receipt date that is before January 1, 2014: $240.00.

(ii) A non-electronic filing fee portion for any international application designating the United States of America that is filed on or after November 15, 2011, other than by the USPTO patent electronic filing system, except for a plant application:

Table 5 to Paragraph ( a )(1)( ii )
By a small entity (§ 1.27(a))	$200
By other than a small entity	400.00

(2) A search fee (see 35 U.S.C. 361(d) and PCT Rule 16):

(i) For an international application having a receipt date that is on or after January 19, 2025:

Table 6 to Paragraph ( a )(2)( i )
By a micro entity (§ 1.29)	$480.00
By a small entity (§ 1.27(a))	960.00
By other than a small or micro entity	2,400.00

(ii) For an international application having a receipt date that is on or after April 1, 2023, and before January 19, 2025:

Table 7 to Paragraph ( a )(2)( ii )
By a micro entity (§ 1.29)	$436.00
By a small entity (§ 1.27(a))	872.00
By other than a small or micro entity	2,180.00

(iii) For an international application having a receipt date that is on or after October 2, 2020, and before April 1, 2023:

Table 8 to Paragraph ( a )(2)( iii )
By a micro entity (§ 1.29)	$545.00
By a small entity (§ 1.27(a))	1,090.00
By other than a small or micro entity	2,180.00

(iv) For an international application having a receipt date that is on or after January 1, 2014, and before October 2, 2020:

Table 9 to Paragraph ( a )(2)( iv )
By a micro entity (§ 1.29)	$520.00
By a small entity (§ 1.27(a))	1,040.00
By other than a small or micro entity	2,080.00.

(v) For an international application having a receipt date that is before January 1, 2014: $2,080.00.

(3) A supplemental search fee when required, per additional invention:

(i) For an international application having a receipt date that is on or after January 19, 2025:

Table 10 to Paragraph ( a )(3)( i )
By a micro entity (§ 1.29)	$480.00
By a small entity (§ 1.27(a))	960.00
By other than a small or micro entity	2,400.00

(ii) For an international application having a receipt date that is on or after April 1, 2023, and before January 19, 2025:

Table 11 to Paragraph ( a )(3)( ii )
By a micro entity (§ 1.29)	$436.00
By a small entity (§ 1.27(a))	872.00
By other than a small or micro entity	2,180.00

(iii) For an international application having a receipt date that is on or after October 2, 2020, and before April 1, 2023:

Table 12 to Paragraph ( a )(3)( iii )
By a micro entity (§ 1.29)	$545.00
By a small entity (§ 1.27(a))	1,090.00
By other than a small or micro entity	2,180.00

(iv) For an international application having a receipt date that is on or after January 1, 2014, and before October 2, 2020:

Table 13 to Paragraph ( a )(3)( iv )
By a micro entity (§ 1.29)	$520.00
By a small entity (§ 1.27(a))	1,040.00
By other than a small or micro entity	2,080.00

( print page 92010)

(v) For an international application having a receipt date that is before January 1, 2014: $2,080.00.

(4) A fee equivalent to the transmittal fee in paragraph (a)(1) of this section that would apply if the USPTO was the Receiving Office for transmittal of an international application to the International Bureau for processing in its capacity as a Receiving Office (PCT Rule 19.4).

(5) Late furnishing fee for providing a sequence listing in response to an invitation under PCT Rule 13 ter:

Table 14 to Paragraph ( a )(5)
By a micro entity (§ 1.29)	$69.00
By a small entity (§ 1.27(a))	138.00
By other than a small or micro entity	345.00

(6) Late payment fee pursuant to PCT Rule 16 bis. 2.

14. Section 1.482 is amended by revising tables 1 through 4 in paragraphs (a)(1)(i) and (ii), (a)(2), and (c) to read as follows:

§ 1.482

International preliminary examination and processing fees.

(a) * * *

(1) * * *

(i) * * *

Table 1 to Paragraph ( a )(1)( i )
By a micro entity (§ 1.29)	$141.00
By a small entity (§ 1.27(a))	282.00
By other than a small or micro entity	705.00

(ii) * * *

Table 2 to Paragraph ( a )(1)( ii )
By a micro entity (§ 1.29)	$176.00
By a small entity (§ 1.27(a))	352.00
By other than a small or micro entity	880.00

(2) * * *

Table 3 to Paragraph ( a )(2)
By a micro entity (§ 1.29)	$141.00
By a small entity (§ 1.27(a))	282.00
By other than a small or micro entity	705.00

Table 4 to Paragraph ( c )
By a micro entity (§ 1.29)	$69.00
By a small entity (§ 1.27(a))	138.00
By other than a small or micro entity	345.00

15. Section 1.492 is amended by revising table 1 in paragraph (a), tables 2 through 5 in paragraphs (b)(2) through (4), tables 7 through 10 in paragraphs (c)(2) and (d) through (f), and tables 11 through 13 in paragraphs (h) through (j) to read as follows.

§ 1.492

National stage fees.

(a) * * *

Table 1 to Paragraph ( a )
By a micro entity (§ 1.29)	$70.00
By a small entity (§ 1.27(a))	140.00
By other than a small or micro entity	350.00

(b) * * *

(2) * * *()

Table 3 to Paragraph ( b )(2)
By a micro entity (§ 1.29)	$30.00
By a small entity (§ 1.27(a))	60.00
By other than a small or micro entity	150.00

(3) * * *

Table 4 to Paragraph ( b )(3)
By a micro entity (§ 1.29)	$116.00
By a small entity (§ 1.27(a))	232.00
By other than a small or micro entity	580.00

(4) * * *

Table 5 to Paragraph ( b )(4)
By a micro entity (§ 1.29)	$154.00
By a small entity (§ 1.27(a))	308.00
By other than a small or micro entity	770.00

(2) * * *

Table 7 to Paragraph ( c )(2)
By a micro entity (§ 1.29)	$176.00
By a small entity (§ 1.27(a))	352.00
By other than a small or micro entity	880.00

(d) * * *

Table 8 to Paragraph ( d )
By a micro entity (§ 1.29)	$120.00
By a small entity (§ 1.27(a))	240.00
By other than a small or micro entity	600.00

(e) * * *

Table 9 to Paragraph ( e )
By a micro entity (§ 1.29)	$40.00
By a small entity (§ 1.27(a))	80.00
By other than a small or micro entity	200.00

(f) * * *

Table 10 to Paragraph ( f )
By a micro entity (§ 1.29)	$185.00
By a small entity (§ 1.27(a))	370.00
By other than a small or micro entity	925.00

(h) * * *

Table 11 to Paragraph ( h )
By a micro entity (§ 1.29)	$34.00
By a small entity (§ 1.27(a))	68.00
By other than a small or micro entity	170.00

(i) * * *

Table 12 to Paragraph ( i )
By a micro entity (§ 1.29)	$30.00
By a small entity (§ 1.27(a))	60.00
By other than a small or micro entity	150.00

(j) * * *

Table 13 to Paragraph ( j )
By a micro entity (§ 1.29)	$90.00
By a small entity (§ 1.27(a))	180.00
By other than a small or micro entity	450.00

16. Section 1.555 is amended by revising paragraph (a) to read as follows:

§ 1.555

Information material to patentability in ex parte reexamination and inter partes reexamination proceedings.

(a) A patent by its very nature is affected with a public interest. The public interest is best served, and the most effective reexamination occurs when, at the time a reexamination proceeding is being conducted, the Office is aware of and evaluates the teachings of all information material to patentability in a reexamination proceeding. Each individual associated with the patent owner in a reexamination proceeding has a duty of candor and good faith in dealing with the Office, which includes a duty to disclose to the Office all information known to that individual to be material to patentability in a reexamination proceeding. The individuals who have a duty to disclose to the Office all information known to them to be material to patentability in a ( print page 92011) reexamination proceeding are the patent owner, each attorney or agent who represents the patent owner, and every other individual who is substantively involved on behalf of the patent owner in a reexamination proceeding. The duty to disclose the information exists with respect to each claim pending in the reexamination proceeding until the claim is cancelled. Information material to the patentability of a cancelled claim need not be submitted if the information is not material to patentability of any claim remaining under consideration in the reexamination proceeding. The duty to disclose all information known to be material to patentability in a reexamination proceeding is deemed to be satisfied if all information known to be material to patentability of any claim in the patent after issuance of the reexamination certificate was cited by the Office or submitted to the Office in an information disclosure statement. However, the duties of candor, good faith, and disclosure have not been complied with if any fraud on the Office was practiced or attempted or the duty of disclosure was violated through bad faith or intentional misconduct by, or on behalf of, the patent owner in the reexamination proceeding. Any information disclosure statement must be filed with the items listed in § 1.98(a) as applied to individuals associated with the patent owner in a reexamination proceeding, should be filed within two months of the date of the order for reexamination, or as soon thereafter as possible, and be accompanied by any applicable information disclosure statement size fee under § 1.17(v).

16. Section 1.1031 is amended by revising the table 1 to paragraph (a) to read as follows:

§ 1.1031

International design application fees.

(a) * * *

Table 1 to Paragraph ( a )
By a micro entity (§ 1.29)	$26.00
By a small entity (§ 1.27(a))	52.00
By other than a small or micro entity	130.00

PART 41—PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD

17. The authority citation for part 41 continues to read as follows:

Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134, 135, and Pub. L. 112-29.

18. Section 41.20 is amended by revising paragraph (a) and tables 1 through 4 in paragraphs (b)(1), (b)(2)(ii), and (b)(3) and (4) to read as follows:

§ 41.20

Fees.

(a) Petition fee. The fee for filing petitions to the Chief Administrative Patent Judge under § 41.3 is: $452.00.

(b) * * *

(1) * * *

Table 1 to Paragraph ( b )(1)
By a micro entity (§ 1.29)	$181.00
By a small entity (§ 1.27(a))	362.00
By other than a small or micro entity	905.00

(2) * * *

(ii) * * *

Table 2 to Paragraph ( b )(2)( ii )
By a micro entity (§ 1.29)	$452.00
By a small entity (§ 1.27(a))	904.00
By other than a small or micro entity	2,260.00

(3) * * *

Table 3 to Paragraph ( b )(3)
By a micro entity (§ 1.29)	$292.00
By a small entity (§ 1.27(a))	584.00
By other than a small or micro entity	1,460.00

(4) * * *

Table 4 to Paragraph ( b )(4)
By a micro entity (§ 1.29)	$507.00
By a small entity (§ 1.27(a))	1,014.00
By other than a small or micro entity	2,535.00

Visit the Official Version

Document Information

Effective Date:: 1/19/2025
Published:: 11/20/2024
Department:: Patent and Trademark Office
Entry Type:: Rule
Action:: Final rule.
Document Number:: 2024-26821
Dates:: This rule is effective on January 19, 2025. The amendments to Sec. 1.18(b)(1) shall apply to those international design applications under the Hague Agreement having a date of international registration on or after January 19, 2025.
Pages:: 91898-92011 (114 pages)
Docket Numbers:: Docket No. PTO-P-2022-0033
RINs:: 0651-AD64: Setting and Adjusting Patent Fees During Fiscal Year 2025
RIN Links:: https://www.federalregister.gov/regulations/0651-AD64/setting-and-adjusting-patent-fees-during-fiscal-year-2025
Topics:: Administrative practice and procedure, Biologics, Courts, Freedom of information, Inventions and patents, Lawyers, Reporting and recordkeeping requirements, Small businesses
PDF File:: 2024-26821.pdf
Supporting Documents:: » Final Rule: At-a-Glance; » Regulatory Impact Analysis; » Table of Patent Fees: Current, Final Patent Fee Schedule, and Unit Cost; » Aggregate Revenue Tables; » Final Regulatory Flexibility Act Tables; » Activity Based Information and Patent Fee Unit Expense Methodology; » Aggregate Revenue Estimating Methodology; » Regulatory Impact Analysis; » Patent Fee Proposal, Notice of Proposed Rulemaking: At-a-Glance; » Aggregate Revenue Tables
CFR: (3): 37 CFR 1; 37 CFR 41; 37 CFR 42