C.F.R. » Title 37 » CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE › SUBCHAPTER A—GENERAL › PART 1—RULES OF PRACTICE IN PATENT CASES › Subpart A—General Provisions

37 C.F.R. § 1.16

National application filing, search, and examination fees

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(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)$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 entity350.00

(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)$60.00
By a small entity (§ 1.27(a))120.00
By other than a small or micro entity300.00

(c) Basic fee for filing each application for an original plant patent:

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 entity240.00

(d) Basic fee for filing each provisional application:

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 entity325.00

(e) Basic fee for filing each application for the reissue of a patent:

Table 5 to Paragraph (e)

By a micro entity (§ 1.29)$70.00
By a small entity (§ 1.27(a))140.00
By other than a small or micro entity350.00

(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)$34.00
By a small entity (§ 1.27(a))68.00
By other than a small or micro entity170.00

(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)$13.00
By a small entity (§ 1.27(a))26.00
By other than a small or micro entity65.00

(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)$120.00
By a small entity (§ 1.27(a))240.00
By other than a small or micro entity600.00

(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)$40.00
By a small entity (§ 1.27(a))80.00
By other than a small or micro entity200.00

(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)$185.00
By a small entity (§ 1.27(a))370.00
By other than a small or micro entity925.00

(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)$154.00
By a small entity (§ 1.27(a))308.00
By other than a small or micro entity770.00

(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)$60.00
By a small entity (§ 1.27(a))120.00
By other than a small or micro entity300.00

(m) Search fee for each application for an original plant patent:

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 entity485.00

(n) Search fee for each application for the reissue of a patent:

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 entity770.00

(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)$176.00
By a small entity (§ 1.27(a))352.00
By other than a small or micro entity880.00

(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)$140.00
By a small entity (§ 1.27(a))280.00
By other than a small or micro entity700.00

(q) Examination fee for each application for an original plant patent:

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 entity725.00

(r) Examination fee for each application for the reissue of a patent:

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 entity2,550.00

(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)$90.00
By a small entity (§ 1.27(a))180.00
By other than a small or micro entity450.00

(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)$86.00
By a small entity (§ 1.27(a))172.00
By other than a small or micro entity430.00
Note to § 1.16:

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

[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; 86 FR 66193, Nov. 22, 2021; 87 FR 80073, Dec. 29, 2022; 88 FR 17154, Mar. 22, 2023; 88 FR 18053, Mar. 27, 2023; 88 FR 36957, June 6, 2023; 89 FR 92003, Nov. 20, 2024]
Notes of Decisions
Cited in 2 cases, 2015–2016 · leading case: Hyatt v. United States Pat. & Trademark Off., 146 F. Supp. 3d 771 (E.D. Va. 2015).
Sort: Relevance Newest Treatment
Hyatt v. United States Pat. & Trademark Off., 146 F. Supp. 3d 771 (E.D. Va. 2015). “See 37 C.F.R. § 1.16 (s). Further adding to the ‘ complexity of plaintiffs 80 patent applications in issue is the fact that each application incorporates by reference,' and claims the benefit of priority to, numerous earlier-filed applications often dating back to the early…”
Evideo Owners v. United States, 126 Fed. Cl. 95 (Fed. Cl. 2016). “Plaintiffs also cite to various USPTO's fee regulations set forth in 37 C.F.R. §§ 1.16 , 1.17, 1.18, 1.19, 1.20, 1.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.