[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: 37CFR1.17] [Page 22-24] 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. 1.17 Patent application processing fees. (a) Extension fees pursuant to Sec. 1.136(a): (1) For reply within first month: By a small entity (Sec. 1.9(f))--$55.00 By other than a small entity--$110.00 (2) For reply within second month: By a small entity (Sec. 1.9(f))--$190.00 By other than a small entity--$380.00 (3) For reply within third month: By a small entity (Sec. 1.9(f))--$435.00 By other than a small entity--$870.00 [[Page 23]] (4) For reply within fourth month: By a small entity (Sec. 1.9(f))--$680.00 By other than a small entity--$1,360.00 (5) For reply within fifth month: By a small entity (Sec. 1.9(f))--$925.00 By other than a small entity--$1,850.00 (b) For filing a notice of appeal from the examiner to the Board of Patent Appeals and Interferences: By a small entity (Sec. 1.9(f))--$150.00 By other than a small entity--$300.00 (c) In addition to the fee for filing a notice of appeal, for filing a brief in support of an appeal: By a small entity (Sec. 1.9 (f))--$150.00 By other than a small entity--$300.00 (d) For filing a request for an oral hearing before the Board of Patent Appeals and Interferences in an appeal under 35 U.S.C. 134: By a small entity (Sec. 1.9(f))--$130.00 By other than a small entity--$260.00 (e)-(g) [Reserved] (h) For filing a petition to the Commissioner under a section listed below which refers to this paragraph--$130.00 Sec. 1.182--For decision on a question not specifically provided for. Sec. 1.183--To suspend the rules. Sec. 1.295--For review of refusal to publish a statutory invention registration. Sec. 1.377--For review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of a patent. Sec. 1.378(e)--For reconsideration of decision on petition refusing to accept delayed payment of maintenance fee in an expired patent. Sec. 1.644(e)--For petition in an interference. Sec. 1.644(f)--For request for reconsideration of a decision on petition in an interference. Sec. 1.666(c)--For late filing of interference settlement agreement. Sec. 5.12--For expedited handling of a foreign filing license. Sec. 5.15--For changing the scope of a license. Sec. 5.25--For retroactive license. (i) For filing a petition to the Commissioner under a section listed below which refers to this paragraph--$130.00 Sec. 1.12--For access to an assignment record. Sec. 1.14--For access to an application. Sec. 1.41--To supply the name or names of the inventor or inventors after the filing date without an oath or declaration as prescribed by Sec. 1.63, except in provisional applications. Sec. 1.47--For filing by other than all the inventors or a person not the inventor. Sec. 1.48--For correction of inventorship, except in provisional applications. Sec. 1.53--To accord a filing date, except in provisional applications. Sec. 1.55--For entry of late priority papers. Sec. 1.59--For expungement and return of information. Sec. 1.84--For accepting color drawings or photographs. Sec. 1.91--For entry of a model or exhibit. Sec. 1.97(d)--To consider an information disclosure statement. Sec. 1.102--To make an application special. Sec. 1.103--To suspend action in application. Sec. 1.177--For divisional reissues to issue separately. Sec. 1.312--For amendment after payment of issue fee. Sec. 1.313--To withdraw an application from issue. Sec. 1.314--To defer issuance of a patent. Sec. 1.666(b)--For access to an interference settlement agreement. Sec. 3.81--For a patent to issue to assignee, assignment submitted after payment of the issue fee. (j) For filing a petition to institute a public use proceeding under Sec. 1.292--$1,510.00 (k) For processing an application filed with a specification in a non-English language (Sec. 1.52(d))--$130.00 (l) For filing a petition: (1) For the revival of an unavoidably abandoned application under 35 U.S.C. 111, 133, 364, or 371, or (2) For delayed payment of the issue fee under 35 U.S.C. 151 (Sec. 1.137(a)): By a small entity (Sec. 1.9(f))--$55.00 By other than a small entity--$110.00 (m) For filing a petition: (1) For revival of an unintentionally abandoned application, or (2) For the unintentionally delayed payment of the fee for issuing a patent (Sec. 1.137(b)): By a small entity (Sec. 1.9(f))--$605.00 By other than a small entity--$1,210.00 (n) For requesting publication of a statutory invention registration prior to the mailing of the first examiner's action pursuant to Sec. 1.104--$920.00 reduced by the amount of the application basic filing fee paid. (o) For requesting publication of a statutory invention registration after the mailing of the first examiner's action pursuant to Sec. 1.104--$1,840.00 reduced by the amount of the application basic filing fee paid. (p) For submission of an information disclosure statement under Sec. 1.97(c)--$240.00 [[Page 24]] (q) For filing a petition to the Commissioner under a section listed below which refers to this paragraph--$50.00. Sec. 1.41--To supply the name or names of the inventor or inventors after the filing date without a cover sheet as prescribed by Sec. 1.51(c)(1) in a provisional application. Sec. 1.48--For correction of inventorship in a provisional application. Sec. 1.53--To accord a provisional application a filing date or to convert a nonprovisional application filed under Sec. 1.53(b) to a provisional application under Sec. 1.53(c). (r) For entry of a submission after final rejection under Sec. 1.129(a): By a small entity (Sec. 1.9(f))--$380.00 By other than a small entity--$760.00 (s) For each additional invention requested to be examined under Sec. 1.129(b): By a small entity (Sec. 1.9(f))--$380.00 By other than a small entity--$760.00 [56 FR 65152, Dec. 13, 1991, as amended at 57 FR 2033, Jan 17, 1992; 57 FR 32439, July 22, 1992; 58 FR 38723, July 20, 1993; 58 FR 45841, Aug. 31, 1993; 59 FR 43740, Aug. 25, 1994; 60 FR 20221, Apr. 25, 1995; 60 FR 41022, Aug. 11, 1995; 61 FR 39587, July 30, 1996; 62 FR 40452, July 29, 1997; 62 FR 53182, Oct. 10, 1997; 62 FR 61235, Nov. 17, 1997; 63 FR 67580, Dec. 8, 1998]