MPEP § 607 — MPEP § 607
Current through: 2022-07-01

607-Filing Fee 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 0600 

 Section 607 
 

 
 
 
 
 
 607 Filing Fee [R-01.2024]

 Patent application filing fees are set in accordance with 35 U.S.C. 41 and the
 Fee Setting Authority set forth in section 10 of Public Law 112-29, September 16, 2011 (the
 Leahy-Smith America Invents Act), as amended by Public Law 117-328, December 29, 2022
 (Unleashing American Innovators Act). The fee amounts are available from the USPTO’s
 website at www.uspto.gov/Fees .
 

 I. BASIC FILING, SEARCH, AND EXAMINATION FEES For nonprovisional applications filed under 35 U.S.C. 111(a) 
 on or after December 8, 2004 (including reissue applications), the following fees are
 required: basic filing fee as set forth in 37 CFR 1.16(a), (b), (c) or (e) ;
 search fee as set forth in 37 CFR 1.16(k), (l), (m), or (n) ;
 examination fee as set forth in 37 CFR 1.16(o),(p), (q), or (r) ;
 application size fee as set forth in 37 CFR 1.16(s) , if applicable (see
 subsection II. below); excess claims fees as set forth in 37 CFR 1.16(h), (i), or
 (j) , if applicable (see subsection III. below); and non-electronic
 filing fee as set forth in 37 CFR 1.16(t) , if applicable (see
 subsection IV. below). 
 

 

 The basic filing, search and examination fees are due on filing of the
 nonprovisional application under 35 U.S.C. 111(a) . These fees may be
 paid on a date later than the filing date of the application provided they are paid
 within the time period set forth in 37 CFR 1.53(f) and include the
 surcharge set forth in 37 CFR 1.16(f). 

 For provisional applications filed under 35 U.S.C. 111(b) ,
 the basic filing fee set forth in 37 CFR 1.16(d) is required. The
 basic filing fee is due on filing of the provisional application, but may be paid later,
 if paid within the time period set forth in 37 CFR 1.53(g) and accompanied by
 payment of a surcharge as set forth in 37 CFR 1.16(g) . 
 

 For international applications entering the national stage under
 35 U.S.C.
 371 , see 37 CFR 1.492 for the required fees.
 See also MPEP §
 1893.01(c) . For international design applications under
 35 U.S.C.
 385 , see 37 CFR 1.1031 for the required fees. 
 

 See also MPEP § 1415 for reissue application fees.
 

 II. APPLICATION SIZE FEE The application size fee set forth in 37 CFR 1.16(s) 
 applies to any application (including any provisional applications and any reissue
 applications) filed under 35 U.S.C. 111 the specification
 (including claims) and drawings of which exceed 100 sheets of paper. The calculation of
 the application size fee required excludes any American Standard Code for Information
 Interchange (ASCII) plain text file or any eXtensible Markup Language XML file (as
 applicable) submitted on read-only optical disc or via the USPTO patent electronic
 filing system for any “Sequence Listing,” any computer readable form (CRF) of a
 “Sequence Listing,” any “Sequence Listing XML,” or a “Computer Program Listing
 Appendix.” See 37 CFR
 1.52(f) . The application size fee applies for each additional 50
 sheets or fraction thereof over 100 sheets of paper. A preliminary amendment that is
 present on the filing date of the application is part of the original disclosure of the
 application. See MPEP §
 714.01(e) , subsection II. Thus, the Office will count the
 pages of a preliminary amendment present on the filing date of the application,
 including multiple sets of drawings or multiple sets of a specification, e.g., clean and
 marked-up versions, in determining the application size fee required. Accordingly, the
 Office does not recommend filing a substitute specification or multiple sets of drawings
 with the initial filing of the application. The Office will not count the sheets of
 paper making up any English translation of a non-English language specification if
 submitted with the application on filing. However, if the originally-filed application
 papers did not comply with 37 CFR 1.52 , any papers filed to
 comply with 37 CFR
 1.52 (if the page count of such papers is larger than the page
 count of the initial submission) will be counted for the purpose of determining the
 application size fee due, in place of the originally-filed specification and drawings.
 Any “Sequence Listing” or CRF of a “Sequence Listing” in compliance with
 37 CFR
 1.821(c) or (e) and any “Computer Program
 Listing Appendix” in compliance with 37 CFR 1.96(c) submitted on a
 read-only optical disc under 37 CFR 1.52(e) or submitted in an
 ASCII plain text file via the USPTO patent electronic filing system will be excluded
 when determining the application size fee required by 37 CFR 1.16(s) .
 Any “Sequence Listing XML” on a read-only optical disc or submitted via the USPTO patent
 electronic filing system in compliance with 37 CFR
 1.831(a) will be excluded when determining the application size
 fee required by 37 CFR
 1.16(s) . See 37 CFR 1.52(f)(1) and
 (2) .
 

 For purposes of determining the application size fee required by
 37 CFR
 1.16(s) , for an application component submitted in part on a
 read-only optical disc in compliance with 37 CFR 1.52(e) , excluding any ASCII
 plain text file or XML file (as applicable) of any “Sequence Listing” or CRF of a
 “Sequence Listing” in compliance with 37 CFR 1.821(c) or (e) , any “Computer
 Program Listing Appendix” in compliance with 37 CFR 1.96(c) , or any “Sequence
 Listing XML” in compliance with 37 CFR 1.831(a) , each three
 kilobytes of content submitted on a read-only optical disc shall be counted as a sheet
 of paper. See 37 CFR
 1.52(f)(1) . 
 

 The paper size equivalent of the specification (including claims) and
 drawings of an application submitted via the USPTO patent electronic filing system will
 be considered to be seventy five percent of the number of sheets of paper present in the
 specification (including claims) and drawings of the application when entered into the
 Office file wrapper after being rendered by the USPTO patent electronic filing system
 for purposes of computing the application size fee required by 37 CFR 1.16(s) .
 Any “Sequence Listing” or CRF of a “Sequence Listing” in compliance with
 37 CFR
 1.821(c) or (e) and any “Computer Program
 Listing Appendix” in compliance with 37 CFR 1.96(c) , submitted via the
 USPTO patent electronic filing system will be excluded when determining the application
 size fee required by 37 CFR 1.16(s) if the listing is submitted in ASCII plain text as
 part of an associated file of the application. Any “Sequence Listing XML” in compliance
 with 37
 CFR 1.831(a) submitted via the USPTO patent electronic filing
 system will be excluded when determining the application size fee required by
 37 CFR
 1.16(s) if the listing is submitted in XML file format as part of
 an associated file of the application. See 37 CFR 1.52(f)(1) . “Sequence
 Listings” or computer program listings submitted via the USPTO patent electronic filing
 system in Portable Document Format (PDF) as part of the specification or as Tagged Image
 File Format (TIFF) drawing files would not be excluded when determining the application
 size fee required by 37 CFR 1.16(s) .
 

 For information on oversized submissions of a “Sequence
 Listing" or a “Sequence Listing XML” under 37 CFR
 1.52(f)(3) , see MPEP § 2422.03 et seq. 

 III. EXCESS CLAIMS FEES 37 CFR
 1.16(h) sets forth the excess claims fee for each independent
 claim in excess of three. 37 CFR 1.16(i) sets forth the excess
 claims fee for each claim (whether independent or dependent) in excess of twenty. The
 excess claims fees specified in 37 CFR 1.16(h) and (i) apply to any
 excess claims fee paid, regardless of the filing date of the application and regardless
 of the date on which the claim necessitating the excess claims fee payment was added to
 the application.
 

 The excess claims fees specified in 37 CFR 1.16(h) and
 (i) also apply to all reissue applications. Under
 35 U.S.C.
 41(a)(2) , the claims in the original patent are not taken into
 account in determining the excess claims fee for a reissue application. The excess
 claims fees specified in 37 CFR 1.16(h) and (i) are required
 for each independent claim in excess of three that is presented in a reissue application
 and for each claim (whether independent or dependent) in excess of twenty that is
 presented in a reissue application.
 

 Fees for a proper multiple dependent claim are calculated based on the
 number of claims to which the multiple dependent claim refers, 37 CFR 1.75(c) ,
 and a separate fee is required in each application containing a proper multiple
 dependent claim. See 37 CFR 1.16(j) . For an improper multiple dependent claim, the fee
 charged is that charged for a single dependent claim. See MPEP § 608.01(n) for
 multiple dependent claims.
 

 For nonprovisional applications filed under
 35 U.S.C.
 111(a) without claims, if more than three independent claims, more
 than twenty total claims, or a multiple dependent claim, are presented in the
 application, the excess claims fee as set forth in 37 CFR 1.16(h), (i), and/or (j) is
 due when the excess claims are presented in the application.
 

 Upon submission of an amendment (whether entered or not) affecting the
 claims, payment of fees for those claims in excess of the number previously paid for is
 required. 
 

 Amendments before the first action, or not filed in reply to an Office
 action, presenting additional claims in excess of the number already paid for, not
 accompanied by the full additional fee due, will not be entered in whole or in part and
 applicant will be so advised. Such amendments filed in reply to an Office action will be
 regarded as not responsive thereto and the practice set forth in MPEP § 714.03 will be
 followed.
 

 The additional fees, if any, due with an amendment are calculated on the
 basis of the claims (total and independent) which would be present, if the amendment
 were entered. The amendment of a claim, unless it changes a dependent claim to an
 independent claim or adds to the number of claims referred to in a multiple dependent
 claim, and the replacement of a claim by a claim of the same type, unless it is a
 multiple dependent claim which refers to more prior claims, do not require any
 additional fees.
 

 For purposes of determining the fee due the U.S. Patent and Trademark
 Office, a claim will be treated as dependent if it contains reference to one or more
 other claims in the application. A claim determined to be dependent by this test will be
 entered if the fee paid reflects this determination.
 

 Any claim which is in dependent form but which is so worded that it, in
 fact, is not a proper dependent claim, as for example it does not include every
 limitation of the claim on which it depends, will be required to be canceled as not
 being a proper dependent claim; and cancellation of any further claim depending on such
 a dependent claim will be similarly required. The applicant may thereupon amend the
 claims to place them in proper dependent form, or may redraft them as independent
 claims, upon payment of any necessary additional fee.
 

 After a requirement for restriction, nonelected claims that are
 withdrawn from consideration will be included in determining the fees due in connection
 with a subsequent amendment unless such claims are canceled.
 

 An amendment canceling claims accompanying the papers constituting the
 application will be effective to diminish the number of claims to be considered in
 calculating the filing fees to be paid. A preliminary amendment filed concurrently with
 a response to a Notice To File Missing Parts of Application that required the fees set
 forth in 37 CFR
 1.16 , which preliminary amendment cancels or adds claims, will be
 taken into account in determining the appropriate fees due in response to the Notice To
 File Missing Parts of Application. No refund will be made for claims being canceled in
 the response that have already been paid for.
 

 The additional fees, if any, due with an amendment are required prior to
 any consideration of the amendment by the examiner.
 

 Money paid in connection with the filing of a proposed amendment will
 not be refunded by reason of the nonentry of the amendment. However, unentered claims
 will not be counted when calculating the fee due in subsequent amendments.
 

 Amendments affecting the claims cannot serve as the basis for granting
 any refund. See MPEP §
 607.02 subsection V for refund of excess claims fees.
 

 Excess claims fees set forth in 37 CFR 1.20(c)(3) and (c)(4) apply
 to excess claims that are presented during a reexamination proceeding.
 

 IV. NON-ELECTRONIC FILING FEE Section 10(h) of Public Law 112-29, September 16, 2011
 (the Leahy-Smith America Invents Act) provided that an additional fee be established for
 each application for an original (i.e., non-reissue) patent, except for a design, plant,
 or provisional application, not filed by electronic means. See 37 CFR
 1.16(t) for the non-electronic fee applicable to applications
 under 35 U.S.C.
 111(a) filed on or after November 15, 2011 other than by the USPTO
 patent electronic filing system. See 37 CFR 1.445(a)(1)(ii) for the
 non-electronic filing fee portion of the transmittal fee due in an international
 application filed with the USPTO as receiving Office on or after November 15, 2011. 
 

 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, when the application is filed non-electronically, the fee for not
 conforming to the USPTO requirements for submission in DOCX format is also applicable.
 See 37 CFR
 1.16(u) . 
 

 V. APPLICANT DOES NOT SPECIFY FEES TO WHICH PAYMENT IS TO BE APPLIED In situations in which a payment submitted for the fees due on filing in
 a nonprovisional application filed under 35 U.S.C. 111(a) is insufficient and
 the applicant has not specified the fees to which the payment is to be applied, the
 Office will apply the payment in the following order until the payment is expended:
 

 
 (1) the basic filing fee ( 37 CFR 1.16(a), (b), (c), or
 (e) );
 

 (2) the non-electronic filing fee ( 37 CFR
 1.16(t) ); 
 

 (3) the non-DOCX fee ( 37 CFR
 1.16(u) );
 

 (4) the application size fee ( 37 CFR 1.16(s) );
 

 (5) the late filing surcharge ( 37 CFR 1.16(f) );
 

 (6) the processing fee for an application filed in a language other
 than English ( 37 CFR 1.17(i) );
 

 (7) the search fee ( 37 CFR 1.16(k), (l), (m), or
 (n) );
 

 (8) the examination fee ( 37 CFR 1.16(o), (p), (q), or
 (r) ); and
 

 (9) the excess claims fee ( 37 CFR 1.16(h), (i), and
 (j) ).
 

 
 In situations in which a payment submitted for the fees due on filing in
 a provisional application filed under 35 U.S.C. 111(b) is insufficient and
 the applicant has not specified the fees to which the payment is to be applied, the
 Office will apply the payment in the following order until the payment is expended:
 

 
 (1) the basic filing fee ( 37 CFR 1.16(d) );
 

 (2) the application size fee ( 37 CFR 1.16(s) ); and 
 

 (3) the late filing surcharge ( 37 CFR 1.16(g) ).
 

 
 See also MPEP § 509 .
 

 Since the basic filing fee, search fee, and examination fee under the
 patent fee structure are often referred to as the “filing fee,” the Office will treat a
 deposit account authorization to charge “the filing fee” as an authorization to charge
 the applicable fees under 37 CFR 1.16 (the basic filing fee,
 search fee, examination fee, any excess claims fee, and any application size fee) to the
 deposit account. The Office will also treat a deposit account authorization to charge
 “the basic filing fee” as an authorization to charge the applicable basic filing fee,
 search fee, and examination fee to the deposit account. Any deposit account
 authorization to charge the filing fee but not the search fee or examination fee must
 specifically limit the authorization by reference to one or more of paragraphs (a)
 through (e) of 37 CFR
 1.16 . See MPEP § 509.01 .
 

 
 607.01 [Reserved]

 

 

 
 607.02 Returnability of Fees [R-07.2022]

 
 35 U.S.C. 42 
 Patent and Trademark Office funding 

 *****

 
 (d) The Director may refund any fee paid by mistake or any amount
 paid in excess of that required.
 

 
 *****

 

 
 37 CFR 1.26 Refunds. 

 
 (a) The Director may refund any fee paid by mistake or in excess of
 that required. A change of purpose after the payment of a fee, such as when a
 party desires to withdraw a patent filing for which the fee was paid, including
 an application, an appeal, or a request for an oral hearing, will not entitle a
 party to a refund of such fee. The Office will not refund amounts of
 twenty-five dollars or less unless a refund is specifically requested, and will
 not notify the payor of such amounts. If a party paying a fee or requesting a
 refund does not provide the banking information necessary for making refunds by
 electronic funds transfer (31 U.S.C. 3332 and 31 CFR part 208), or instruct the
 Office that refunds are to be credited to a deposit account, the Director may
 require such information, or use the banking information on the payment
 instrument to make a refund. Any refund of a fee paid by credit card will be by
 a credit to the credit card account to which the fee was charged.
 

 (b) Any request for refund must be filed within two years from the
 date the fee was paid, except as otherwise provided in this paragraph or in
 §
 1.28(a) . If the Office charges a deposit account by an
 amount other than an amount specifically indicated in an authorization
 ( §
 1.25(b) ), any request for refund based upon such charge
 must be filed within two years from the date of the deposit account statement
 indicating such charge, and include a copy of that deposit account statement.
 The time periods set forth in this paragraph are not extendable.
 

 (c) If the Director decides not to institute a reexamination
 proceeding in response to a request for reexamination or supplemental
 examination, fees paid with the request for reexamination or supplemental
 examination will be refunded or returned in accordance with paragraphs (c)(1)
 through (c)(3) of this section. The reexamination requester or the patent owner
 who requested a supplemental examination proceeding, as appropriate, should
 indicate the form in which any refund should be made ( e.g., 
 by check, electronic funds transfer, credit to a deposit account). Generally,
 refunds will be issued in the form that the original payment was provided.
 
 (1) For an ex parte 
 reexamination request, the ex parte reexamination
 filing fee paid by the reexamination requester, less the fee set forth in
 § 1.20(c)(7) , will be
 refunded to the requester if the Director decides not to institute an
 ex parte reexamination proceeding. 
 

 (2) For an inter partes reexamination request, a
 refund of $7,970 will be made to the reexamination requester if the
 Director decides not to institute an inter partes reexamination
 proceeding. 
 

 (3) For a supplemental examination request, the
 fee for reexamination ordered as a result of supplemental examination, as
 set forth in § 1.20(k)(2) , will be
 returned to the patent owner who requested the supplemental examination
 proceeding if the Director decides not to institute a reexamination
 proceeding. 
 

 
 

 
 

 Under 35 U.S.C. 42(d) and 37 CFR 1.26 , the Office may refund:
 (1) a fee paid by mistake (e.g., fee paid when no fee is required); or (2) any fee paid
 in excess of the amount of fee that is required. See Ex parte Grady, 
 59 USPQ 276, 277 (Comm’r Pat. 1943) (the statutory authorization for the refund of fees
 under the “by mistake” clause is applicable only to a mistake relating to the fee
 payment). 
 

 When an applicant or patentee takes an action “by mistake” (e.g., files
 an application or maintains a patent in force “by mistake”), the submission of fees
 required to take that action (e.g., a filing fee submitted with such application or a
 maintenance fee submitted for such patent) is not a “fee paid by mistake” within the
 meaning of 35 U.S.C.
 42(d) .
 

 37 CFR
 1.26(a) also provides that a change of purpose after the payment
 of a fee, as when a party desires to withdraw the filing of a patent application for
 which the fee was paid, will not entitle the party to a refund of such fee. 
 

 All questions pertaining to the return of fees are referred to the
 Refunds Section of the Receipts Division of the Office of Finance. No opinions should be
 expressed to attorneys or applicants as to whether or not fees are returnable in
 particular cases. Such questions may also be treated, to the extent appropriate, in
 decisions on petition decided by various U.S. Patent and Trademark Office officials.
 

 I. MANNER OF MAKING A REFUND 37
 CFR 1.26(a) authorizes the Office to obtain the banking
 information necessary for making refunds by electronic funds transfer, or obtain the
 deposit account information to make the refund to the deposit account. If a party
 paying a fee or requesting a refund does not instruct the refund to be credited to a
 deposit account, the Office will attempt to make the refund by electronic fund
 transfer. The Office may (1) use the banking information on a payment instrument
 (e.g., a personal check) to refund an amount paid by the payment instrument in excess
 of that required, or (2) in other situations, require the banking information
 necessary for electronic funds transfer or require instructions to credit a deposit
 account. If it is not cost effective to require the banking information, the Office
 may obtain the deposit account information or simply issue any refund by treasury
 check.
 

 37 CFR
 1.26(a) further provides that any refund of a fee paid by
 credit card will be by a credit to the credit card account to which the fee was
 charged. The Office will not refund a fee paid by credit card by treasury check,
 electronic funds transfer, or credit to a deposit account.
 

 II. TIME PERIOD FOR REQUESTING A REFUND Any request for a refund which is not based upon subsequent
 entitlement to small entity status (see 37 CFR 1.28(a) ) must be filed
 within the two-year nonextendable time limit set forth in 37 CFR 1.26(b) .
 
 

 III. FEES PAID BY DEPOSIT ACCOUNT The Office treats authorizations to charge a deposit account as being
 received by the Office on the date of receipt as defined in 37 CFR 1.6 for
 purposes of refund payments under 37 CFR 1.26 and 37 CFR 1.28 .
 Payment by authorization to charge a deposit account is treated for refund purposes
 the same as payments by other means (e.g., check or credit card charge
 authorization). Accordingly, the time period for requesting a refund of any fee paid
 by a deposit account begins on the date the charge authorization is received in the
 Office. For refund purposes: where a 37 CFR 1.8 certificate is used,
 the refund period will begin on the date of actual receipt (not the 37 CFR 1.8 date
 of mailing); where Priority Mail Express® under 37 CFR 1.10 is used, the “date
 accepted” on the Priority Mail Express® label will control (not the actual date of
 receipt by the Office). The use of payment receipt date for refund purposes has no
 effect on the certificate of mailing practice under 37 CFR 1.8 for
 making a timely reply to an Office action.
 

 Notwithstanding the foregoing, if the Office charges a deposit
 account by an amount other than an amount specifically indicated on the charge
 authorization, any request for refund based upon such charge must be filed within two
 years from the date of the deposit account statement indicating such charge, and must
 include a copy of that deposit account statement. This provision of 37 CFR 1.26(b) 
 applies, for example, in the following types of situations: (1) a deposit account
 charged for an extension of time pursuant to 37 CFR 1.136(a)(3) as a result of
 there being a prior general authorization in the application; or (2) a deposit
 account charged for the outstanding balance of a fee as a result of an insufficient
 fee submitted with an authorization to charge the deposit account for any additional
 fees that are due. In these situations, the party providing the charge authorization
 is not in a position to know the exact amount by which the deposit account will be
 charged until the date of the deposit account statement indicating the amount of the
 charge. Therefore, the two-year time period set forth in 37 CFR 1.26(b) 
 does not begin until the date of the deposit account statement indicating the amount
 of the charge. 
 

 IV. LATER ESTABLISHMENT OF SMALL ENTITY STATUS Effective November 7, 2000, 37 CFR 1.28(a) was amended to
 provide a three-month period (instead of the former two-month period) for requesting
 a refund based on later establishment of small entity status. As the Office now
 treats the receipt date of a deposit account charge authorization as the fee payment
 date (for refund purposes), any request for a refund under 37 CFR 1.28(a) 
 must be made within three months from the date the charge authorization is received
 in the Office.
 

 V. REFUND OF SEARCH FEE AND EXCESS CLAIMS FEE The Office may refund the search fee and any excess claims fee paid
 in an application filed under 35 U.S.C. 111(a) if applicant
 files a petition under 37 CFR 1.138(d) to expressly
 abandon the application before an examination has been made of the application. See
 MPEP §
 711.01 .
 

 The basic filing fee, non-electronic filing fee, the examination fee,
 and the application size fee cannot be refunded unless the fee was paid by mistake or
 in excess of that required.
 

 

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 601-Content of Provisional and Nonprovisional Applications 
 601.01-Complete Application 
 601.01(a)-Nonprovisional Applications Filed Under 35 U.S.C. 111(a) 

 601.01(b)-Provisional Applications Filed Under 35 U.S.C. 111(b) 

 601.01(c)-Conversion to or from a Provisional Application 

 601.01(d)-Application Filed Without All Pages of Specification 

 601.01(e)-Nonprovisional Application Filed Without at Least One Claim 

 601.01(f)-Applications Filed Without Drawings 

 601.01(g)-Applications Filed Without All Figures of Drawings 

 
 

 601.02-Power of Attorney 

 601.03-Correspondence Address 
 601.03(a)-Change of Correspondence Address in Applications Filed On or After September 16, 2012 

 601.03(b)-Change of Correspondence Address in Applications Filed Before September 16, 2012 

 
 

 601.04-National Stage Requirements of the United States as a Designated Office 

 601.05-Bibliographic Information - Application Data Sheet (ADS) 
 601.05(a)-Application Data Sheet (ADS) -- Application Filed On or After September 16, 2012 

 601.05(b)-Application Data Sheet (ADS) in Application Filed Before September 16, 2012 

 
 

 
 

 602-Oaths and Declarations 
 602.01-Naming the Inventor; Inventor's Oath or Declaration 
 602.01(a)-Inventor’s Oath or Declaration in Application Filed On or After September 16, 2012 

 602.01(b)-Inventor’s Oath or Declaration in Application Filed Before September 16, 2012 

 602.01(c)-Correction of Inventorship, Name of Inventor, and Order of Names in an Application 
 602.01(c)(1)-Correction of Inventorship in an Application – Request Filed On or After September 16, 2012 

 602.01(c)(2)-Correcting or Updating Inventor Name 37 CFR 1.48(f) – Request Filed On or After September 16, 2012 

 602.01(c)(3)-[Reserved] 

 
 

 
 

 602.02-New Oath or Substitute for Original 

 602.03-Office Finds the Inventor’s Oath or Declaration Defective 

 602.04-Foreign Executed Oath 

 602.05-Oath or Declaration in Continuing Applications 
 602.05(a)-Oath or Declaration in Continuing Applications Filed On or After September 16, 2012 

 602.05(b)-Oath or Declaration in Continuing Applications Filed Before September 16, 2012 

 
 

 602.06-Non-English Oath or Declaration 

 602.07-Oath or Declaration Filed in United States as a Designated Office 

 602.08-Inventor and Application Information 
 602.08(a)-Inventor Bibliographic Information 

 602.08(b)-Inventor Signature and Name 

 602.08(c)-Identification of Application 

 
 

 602.09-Joint Inventors 

 
 

 603-Supplemental Oath or Declaration 
 603.01-Supplemental Oath or Declaration Filed After Allowance 

 
 

 604-Substitute Statements 

 605-Applicant 
 605.01-Applicant for Application filed on or after September 16, 2012 

 605.02-Applicant for Application Filed Before September 16, 2012 

 
 

 606-Title of Invention 
 606.01-Examiner May Require Change in Title 

 
 

 607-Filing Fee 
 607.01-[Reserved] 

 607.02-Returnability of Fees 

 
 

 608-Disclosure 
 608.01-Specification 
 608.01(a)-Arrangement of Application 

 608.01(b)-Abstract of the Disclosure 

 608.01(c)-Background of the Invention 

 608.01(d)-Brief Summary of Invention 

 608.01(e)-[Reserved] 

 608.01(f)-Brief Description of Drawings 

 608.01(g)-Detailed Description of Invention 

 608.01(h)-Mode of Operation of Invention 

 608.01(i)-Claims 

 608.01(j)-Numbering of Claims 

 608.01(k)-Statutory Requirement of Claims 

 608.01(l)-Claims Present on the Application Filing Date 

 608.01(m)-Form of Claims 

 608.01(n)-Dependent Claims 

 608.01(o)-Basis for Claim Terminology in Description 

 608.01(p)-Completeness of Specification 

 608.01(q)-Substitute or Rewritten Specification 

 608.01(r)-Derogatory Remarks About Prior Art in Specification 

 608.01(s)-Restoration of Canceled Matter 

 608.01(t)-Use in Subsequent Application 

 608.01(u)-[Reserved] 

 608.01(v)-Marks Used in Commerce and Trade Names 

 608.01(w)-Copyright and Mask Work Notices 

 
 

 608.02-Drawing 
 608.02(a)-New Drawing — When Replacement is Required Before Examination 

 608.02(b)-Acceptability of Drawings 

 608.02(c)-Location of Drawings 

 608.02(d)-Complete Illustration in Drawings 

 608.02(e)-Examiner Determines Completeness and Consistency of Drawings 

 608.02(f)-Modifications in Drawings 

 608.02(g)-Illustration of Prior Art 

 608.02(h)-Replacement Drawings 

 608.02(i)-Transfer of Drawings From Prior Applications 

 608.02(j) - 608.02(o)-[Reserved] 

 608.02(p)-Correction of Drawings 

 608.02(q) - 608.02(s)-[Reserved] 

 608.02(t)-Cancelation of Figures 

 608.02(u)-[Reserved] 

 608.02(v)-Drawing Changes Which Require Annotated Sheets 

 608.02(w)-Drawing Changes Which May Be Made Without Applicant’s Annotated Sheets 

 608.02(x)-Drawing Corrections or Changes Accepted Unless Notified Otherwise 

 608.02(y)-Return of Drawing 

 608.02(z)-Allowable Applications Needing Drawing Corrections or Corrected Drawings 

 
 

 608.03-Models, Exhibits, Specimens 
 608.03(a)-Handling of Models, Exhibits, and Specimens 

 
 

 608.04-New Matter 
 608.04(a)-Matter Not Present in Specification, Claims, or Drawings on the Application Filing Date 

 608.04(b)-New Matter by Preliminary Amendment 

 608.04(c)-Review of Examiner’s Holding of New Matter 

 
 

 608.05-“Sequence Listing,” “Large Tables,” or “Computer Program Listing Appendix” Submitted in ASCII Plain Text or a “Sequence Listing
 XML” Submitted as XML File Text 
 608.05(a)-Submission of a “Computer Program Listing Appendix” 

 608.05(b)-ASCII Plain Text Submissions of “Large Tables” and Treatment of Lengthy Tables in a Specification for Patents and Patent Application
 Publications 

 608.05(c)-Submissions of Biological Sequence Listings 

 
 

 
 

 609-Information Disclosure Statement 
 609.01-Examiner Checklist for Information Disclosure Statements 

 609.02-Information Disclosure Statements in Continued Examinations or Continuing Applications 

 609.03-Information Disclosure Statements in National Stage Applications 

 609.04-Content and Timing Requirements for an Information Disclosure Statement 
 609.04(a)-Content Requirements for an Information Disclosure Statement 

 609.04(b)-Timing Requirements for an Information Disclosure Statement 

 
 

 609.05-Examiner Handling of Information Disclosure Statements 
 609.05(a)-Noncomplying Information Disclosure Statements 

 609.05(b)-Complying Information Disclosure Statements 

 609.05(c)-Documents Submitted as Part of Applicant’s Reply to Office Action 

 
 

 609.06-Information Printed on Patent 

 609.07-IDSs Electronically Submitted (eIDS) Using Patent Center 

 609.08-Electronic Processing of Information Disclosure Statement 

 
 

 

 

 
 

 
 
 

 
 

 

 
 
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 03/09/2026 20:50:52