[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR1.17]

[Page 28-30]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES 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 and reexamination processing fees.

    (a) Extension fees pursuant to Sec. 1.136(a):
    (1) For reply within first month:
    By a small entity (Sec. 1.27(a))--$60.00.
    By other than a small entity--$120.00.
    (2) For reply within second month:

By a small entity (Sec.  1.27(a))...........................    $230.00
By other than a small entity.................................    $460.00


    (3) For reply within third month:

By a small entity (Sec.  1.27(a)).........................      $525.00
By other than a small entity...............................    $1,050.00


    (4) For reply within fourth month:

By a small entity (Sec.  1.27(a)).........................      $820.00
By other than a small entity...............................    $1,640.00


    (5) For reply within fifth month:

By a small entity (Sec.  1.27(a)).........................    $1,115.00
By other than a small entity...............................    $2,230.00


    (b) For fees in proceedings before the Board of Patent Appeals and 
Interferences, see Sec. 41.20 of this title.
    (c)-(d) [Reserved]
    (e) To request continued examination pursuant to Sec. 1.114:

By a small entity (Sec.  1.27(a))...........................    $405.00
By other than a small entity.................................    $810.00


    (f) For filing a petition under one of the following sections which 
refers to this paragraph: $400.00
    Sec. 1.36(a)--for revocation of a power of attorney by fewer than 
all of the applicants.
    Sec. 1.53(e)--to accord a filing date.
    Sec. 1.57(a)--to accord a filing date.
    Sec. 1.78(d)(1)(vi)--for a continuing application not provided for 
in Sec. Sec. 1.78(d)(1)(i) through (d)(1)(v).
    Sec. 1.114(g)--for a request for continued examination not provided 
for in Sec. 1.114(f).
    Sec. 1.182--for decision on a question not specifically provided 
for.
    Sec. 1.183--to suspend the rules.
    Sec. 1.378(e)--for reconsideration of decision on petition refusing 
to accept delayed payment of maintenance fee in an expired patent.
    Sec. 1.741(b)--to accord a filing date to an application under 
Sec. 1.740 for extension of a patent term.
    (g) For filing a petition under one of the following sections which 
refers to this paragraph: $200.00
    Sec. 1.12--for access to an assignment record.
    Sec. 1.14--for access to an application.
    Sec. 1.47--for filing by other than all the inventors or a person 
not the inventor.
    Sec. 1.59--for expungement of information.
    Sec. 1.103(a)--to suspend action in an application.
    Sec. 1.136(b)--for review of a request for extension of time when 
the provisions of Sec. 1.136(a) are not available.
    Sec. 1.295--for review of refusal to publish a statutory invention 
registration.
    Sec. 1.296--to withdraw a request for publication of a statutory 
invention registration filed on or after the date the notice of intent 
to publish issued.
    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. 1.550(c)--for patent owner requests for extension of time in 
ex parte reexamination proceedings.
    Sec. 1.956--for patent owner requests for extension of time in 
inter partes reexamination proceedings.

[[Page 29]]

    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.
    (h) For filing a petition under one of the following sections which 
refers to this paragraph: $130.00.
    Sec. 1.19(g)--to request documents in a form other than that 
provided in this part.
    Sec. 1.84--for accepting color drawings or photographs.
    Sec. 1.91--for entry of a model or exhibit.
    Sec. 1.102(d)--to make an application special.
    Sec. 1.138(c)--to expressly abandon an application to avoid 
publication.
    Sec. 1.313--to withdraw an application from issue.
    Sec. 1.314--to defer issuance of a patent.
    (i) Processing fee for taking action under one of the following 
sections which refers to this

paragraph...............................$130.00.
    Sec. 1.28(c)(3)--for processing a non-itemized fee deficiency based 
on an error in small entity status.
    Sec. 1.41--for supplying 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. 1.48--for correcting inventorship, except in provisional 
applications.
    Sec. 1.52(d)--for processing a nonprovisional application filed 
with a specification in a language other than English.
    Sec. 1.53(b)(3)--to convert a provisional application filed under 
Sec. 1.53(c) into a nonprovisional application under Sec. 1.53(b).
    Sec. 1.55--for entry of late priority papers.
    Sec. 1.71(g)(2)--for processing a belated amendment under Sec. 
1.71(g).
    Sec. 1.99(e)--for processing a belated submission under Sec. 1.99.
    Sec. 1.103(b)--for requesting limited suspension of action, 
continued prosecution application for a design patent (Sec. 1.53(d)).
    Sec. 1.103(c)--for requesting limited suspension of action, request 
for continued examination (Sec. 1.114).
    Sec. 1.103(d)--for requesting deferred examination of an 
application.
    Sec. 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.
    Sec. 1.221--for requesting voluntary publication or republication 
of an application.
    Sec. 1.291(c)(5)--for processing a second or subsequent protest by 
the same real party in interest.
    Sec. 1.497(d)--for filing an oath or declaration pursuant to 35 
U.S.C. 371(c)(4) naming an inventive entity different from the inventive 
entity set forth in the international stage.
    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 filing a request for expedited examination under Sec. 
1.155(a)--$900.00.
    (l) For filing a petition for the revival of an unavoidably 
abandoned application under 35 U.S.C. 111, 133, 364, or 371, for the 
unavoidably delayed payment of the issue fee under 35 U.S.C. 151, or for 
the revival of an unavoidably terminated reexamination proceeding under 
35 U.S.C. 133 (Sec. 1.137(a)):

By a small entity (Sec.  1.27(a))...........................    $255.00
By other than a small entity.................................    $510.00


    (m) For filing a petition for the revival of an unintentionally 
abandoned application, for the unintentionally delayed payment of the 
fee for issuing a patent, or for the revival of an unintentionally 
terminated reexamination proceeding under 35 U.S.C. 41(a)(7) (Sec. 
1.137(b)):

By a small entity (Sec.  1.27(a)).........................      $770.00
By other than a small entity...............................    $1,540.00


    (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.

[[Page 30]]

    (p) For an information disclosure statement under Sec. 1.97(c) or 
(d) or a submission under Sec. 1.99: $180.00.
    (q) Processing fee for taking action under one of the following 
sections 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(c)(2)--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.  1.27(a))...........................    $405.00
By other than a small entity.................................    $810.00


    (s) For each additional invention requested to be examined under 
Sec. 1.129(b):

By a small entity (Sec.  1.27(a))...........................    $405.00
By other than a small entity.................................    $810.00


    (t) For the acceptance of an unintentionally delayed claim for 
priority under 35 U.S.C. 119, 120, 121, or 365(a) or (c) (Sec. Sec. 
1.55 and 1.78) or for filing a request for the restoration of the right 
of priority under Sec. 1.452--1,410.00.

[56 FR 65152, Dec. 13, 1991]

    Editorial Note: For Federal Register citations affecting Sec. 1.17, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.