[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR1.16]

[Page 22]
 
             TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
    CHAPTER I--PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE
 
PART 1--RULES OF PRACTICE IN PATENT CASES--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 1.16  National application filing fees.

    (a) Basic fee for filing each application for an original patent, 
except provisional, design or plant applications:

By a small entity (Sec. 1.9(f))--$380.00
By other than a small entity--$760.00

    (b) In addition to the basic filing fee in an original application, 
except provisional applications, for filing or later presentation of 
each independent claim in excess of 3:

By a small entity (Sec. 1.9(f))--$39.00
By other than a small entity--$78.00

    (c) In addition to the basic filing fee in an original application, 
except provisional applications, for filing or later presentation of 
each claim in excess of 20 (Note that Sec. 1.75(c) indicates how 
multiple dependent claims are considered for fee purposes.):

By a small entity (Sec. 1.9(f))--$9.00
By other than a small entity--$18.00

    (d) In addition to the basic filing fee in an original application, 
except provisional applications, if the application contains, or is 
amended to contain, a multiple dependent claim(s), per application:

By a small entity (Sec. 1.9(f))--$130.00
By other than a small entity--$260.00

    (e) Surcharge for filing the basic filing fee or oath or declaration 
on a date later than the filing date of the application, except 
provisional applications:
By a small entity (Sec. 1.9(f))...................................$65.00
By other than a small entity.....................................$130.00
    (f) Basic fee for filing each design application:
By a small entity (Sec. 1.9(f))--$155.00
By other than a small entity--$310.00
    (g) Basic fee for filing each plant application, except provisional 
applications:
By a small entity (Sec. 1.9(f))--$240.00
By other than a small entity--$480.00
    (h) Basic fee for filing each reissue application:
By a small entity (Sec. 1.9(f))--$380.00
By other than a small entity--$760.00
    (i) In addition to the basic filing fee in a reissue application, 
for filing or later presentation of each independent claim which is in 
excess of the number of independent claims in the original patent:
By a small entity (Sec. 1.9(f))--$39.00
By other than a small entity--$78.00
    (j) In addition to the basic filing fee in a reissue application, 
for filing or later presentation of each claim (whether independent or 
dependent) in excess of 20 and also in excess of the number of claims in 
the original patent (Note that Sec. 1.75(c) indicates how multiple 
dependent claims are considered for fee purposes.):
By a small entity (Sec. 1.9(f))--$9.00
By other than a small entity--$18.00
    (k) Basic fee for filing each provisional application:
By a small entity (Sec. 1.9(f))...................................$75.00
By other than a small entity.....................................$150.00
    (l) Surcharge for filing the basic filing fee or cover sheet 
(Sec. 1.51(c)(1)) on a date later than the filing date of the 
provisional application:
By a small entity (Sec. 1.9(f))--$25.00
By other than a small entity--$50.00
    (m) If the additional fees required by paragraphs (b), (c), (d), (i) 
and (j) of this section are not paid on filing or on later presentation 
of the claims for which the additional fees are due, they must be paid 
or the claims must be canceled by amendment, prior to the expiration of 
the time period set for reply by the Office in any notice of fee 
deficiency.
    Note: See Secs. 1.445, 1.482 and 1.492 for international application 
filing and processing fees.

[56 FR 65151, Dec. 13, 1991, as amended at 57 FR 38194, Aug. 21, 1992; 
60 FR 20221, Apr. 25, 1995; 60 FR 41022, Aug. 11, 1995; 61 FR 39587, 
July 30, 1996; 61 FR 43400, Aug. 22, 1996; 62 FR 40452, July 29, 1997; 
62 FR 53182, Oct. 10, 1997; 63 FR 67579, Dec. 8, 1998]