###### Editorial Note on Part 1

#### Editorial Notes:

1. In Patent and Trademark Office publications and usage the part number is omitted from the numbers of §§ 1.1 to 1.352 and the numbers to the right of the decimal point correspond with the respective rule numbers.

2. For nomenclature changes to part 1, see 68 FR 14335, Mar. 25, 2003; 87 FR 68904, Nov. 17, 2022.

#### § 1.16 National application filing, search, and examination fees.

(a) Basic fee for filing each application under 35 U.S.C. 111 for an original patent, except design, plant, or provisional applications:

| | |
| --- | --- |
| By a micro entity (§ 1.29) | $64.00 |
| By a small entity (§ 1.27(a)) | 128.00 |
| By a small entity (§ 1.27(a)) if the application is submitted in compliance with the USPTO patent electronic filing system (§ 1.27(b)(2)) | 64.00 |
| By other than a small or micro entity | 320.00 |

Table 1 to Paragraph (a)

(b) Basic fee for filing each application under 35 U.S.C. 111 for an original design patent:

| By a micro entity (§ 1.29) | $44.00 |
| --- | --- |
| By a small entity (§ 1.27(a)) | 88.00 |
| By other than a small or micro entity | 220.00 |

Table 2 to Paragraph (b)

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

| By a micro entity (§ 1.29) | $44.00 |
| --- | --- |
| By a small entity (§ 1.27(a)) | 88.00 |
| By other than a small or micro entity | 220.00 |

Table 3 to Paragraph (c)

(d) Basic fee for filing each provisional application:

| 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 4 to Paragraph (d)

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

| By a micro entity (§ 1.29) | $64.00 |
| --- | --- |
| By a small entity (§ 1.27(a)) | 128.00 |
| By other than a small or micro entity | 320.00 |

Table 5 to Paragraph (e)

(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:

| By a micro entity (§ 1.29) | $32.00 |
| --- | --- |
| By a small entity (§ 1.27(a)) | 64.00 |
| By other than a small or micro entity | 160.00 |

Table 6 to Paragraph (f)

(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:

| By a micro entity (§ 1.29) | $12.00 |
| --- | --- |
| By a small entity (§ 1.27(a)) | 24.00 |
| By other than a small or micro entity | 60.00 |

Table 7 to Paragraph (g)

(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:

| | |
| --- | --- |
| By a micro entity (§ 1.29) | $96.00 |
| By a small entity (§ 1.27(a)) | 192.00 |
| By other than a small or micro entity | 480.00 |

Table 8 to Paragraph (h)

(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):

| 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 |

Table 9 to Paragraph (i)

(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:

| | |
| --- | --- |
| By a micro entity (§ 1.29) | $172.00 |
| By a small entity (§ 1.27(a)) | 344.00 |
| By other than a small or micro entity | 860.00 |

Table 10 to Paragraph (j)

(k) Search fee for each application filed under 35 U.S.C. 111 for an original patent, except design, plant, or provisional applications:

| | |
| --- | --- |
| 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 |

Table 11 to Paragraph (k)

(l) Search fee for each application under 35 U.S.C. 111 for an original design patent:

| By a micro entity (§ 1.29) | $32.00 |
| --- | --- |
| By a small entity (§ 1.27(a)) | 64.00 |
| By other than a small or micro entity | 160.00 |

Table 12 to Paragraph (l)

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

| | |
| --- | --- |
| By a micro entity (§ 1.29) | $88.00 |
| By a small entity (§ 1.27(a)) | 176.00 |
| By other than a small or micro entity | 440.00 |

Table 13 to Paragraph (m)

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

| | |
| --- | --- |
| 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 |

Table 14 to Paragraph (n)

(o) Examination fee for each application filed under 35 U.S.C. 111 for an original patent, except design, plant, or provisional applications:

| | |
| --- | --- |
| 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 |

Table 15 to Paragraph (o)

(p) Examination fee for each application under 35 U.S.C. 111 for an original design patent:

| | |
| --- | --- |
| By a micro entity (§ 1.29) | $128.00 |
| By a small entity (§ 1.27(a)) | 256.00 |
| By other than a small or micro entity | 640.00 |

Table 16 to Paragraph (p)

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

| | |
| --- | --- |
| By a micro entity (§ 1.29) | $132.00 |
| By a small entity (§ 1.27(a)) | 264.00 |
| By other than a small or micro entity | 660.00 |

Table 17 to Paragraph (q)

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

| | |
| --- | --- |
| By a micro entity (§ 1.29) | $464.00 |
| By a small entity (§ 1.27(a)) | 928.00 |
| By other than a small or micro entity | 2,320.00 |

Table 18 to Paragraph (r)

(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:

| | |
| --- | --- |
| By a micro entity (§ 1.29) | $84.00 |
| By a small entity (§ 1.27(a)) | 168.00 |
| By other than a small or micro entity | 420.00 |

Table 19 to Paragraph (s)

(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:

| By a small entity (§ 1.27(a)) | $200.00 |
| --- | --- |
| By other than a small entity | $400.00 |

Table 20 to Paragraph (t)

(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:

| | |
| --- | --- |
| By a micro entity (§ 1.29) | $80.00 |
| By a small entity (§ 1.27(a)) | 160.00 |
| By a small entity (§ 1.27(a)) if the application is submitted in compliance with the USPTO patent electronic filing system (§ 1.27(b)(2)) | 160.00 |
| By other than a small or micro entity | 400.00 |

Table 21 to Paragraph (u)

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]

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 7 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 1 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 4 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 5 is placed in the separate grouping of parts pertaining to patents regulations.