MPEP § 1867 — MPEP § 1867
Current through: 2022-07-01

1867-Preliminary Examination Fees 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 1800 

 Section 1867 
 

 
 
 
 
 
 1867 Preliminary Examination Fees [R-07.2015]

 
 37 CFR 1.481 Payment of international preliminary examination fees. 

 
 (a) The handling and preliminary examination fees shall be paid
 within the time period set in PCT Rule 57.3 . The
 handling fee or preliminary examination fee payable is the handling fee or
 preliminary examination fee in effect on the date of payment. 
 
 (1) If the handling and preliminary fees are not paid
 within the time period set in PCT Rule 57.3 ,
 applicant will be notified and given one month within which to pay
 the deficient fees plus a late payment fee equal to the greater of: 
 
 (i) Fifty percent of the amount of the deficient
 fees, but not exceeding an amount equal to double the
 handling fee; or
 

 (ii) An amount equal to the handling fee
 ( PCT Rule
 58bis.2 ). 
 

 
 

 (2) The one-month time limit set in this paragraph to
 pay deficient fees may not be extended.
 

 
 

 (b) If the payment needed to cover the handling and preliminary
 examination fees, pursuant to paragraph (a) of this section, is not timely
 made in accordance with PCT Rule
 58bis.1(d) , the United States
 International Preliminary Examination Authority will declare the Demand to
 be considered as if it had not been submitted.
 

 
 

 The preliminary examination fee is for the benefit of the International
 Preliminary Examining Authority and the amount for the USPTO doing the preliminary
 examination is specified in 37 CFR 1.482 . The fee is somewhat
 higher if the international search was performed by an authority other than the USPTO. 
 

 The handling fee is a fee for the benefit of the International Bureau
 and is collected by the International Preliminary Examining Authority. 
 

 The current amount of both the preliminary examination fee and the
 handling fee can be found in each weekly issue of the Official
 Gazette. Since supplements to the handling fee were deleted, no additional
 Chapter II fees are required other than any additional preliminary examination fee where
 additional inventions are determined to be present. The amount of this fee is also
 specified in 37 CFR
 1.482 and in the weekly issues of the Official
 Gazette . See also PCT Rules 57 and 58 .
 

 The time limit for paying the preliminary examination fee and the
 handling fee is set forth in PCT Rules 57.3 and
 58.1(b) . 37 CFR 1.481(a) provides that the
 preliminary examination fee or handling fee payable is the preliminary examination fee
 or handling fee in effect on the date of payment. The preliminary examination fee and
 handling fee are considered to have been received before the expiration of the time
 limit set in PCT Rule
 57.3 if the fees were submitted prior to the sending of an
 invitation to pay the fees. See PCT Rule
 58bis.1(c) . 
 

 PCT Rule
 58bis.1(a) permits the International
 Preliminary Examining Authority to collect a late payment fee set forth in
 PCT Rule 58
 bis.2 if the fees for preliminary
 examination are not paid prior to the sending of the invitation to pay the fees. If the
 preliminary examination fee and handling fee are not paid within the time set in
 PCT Rule
 57.3 , applicants will be notified and given 1 month within which
 to pay the deficient fees plus a late payment fee equal to the greater of: (1) 50% of
 the amount of the deficient fees, but not exceeding an amount equal to double the
 handling fee; or (2) an amount equal to the handling fee. See 37 CFR 1.481(a)(1)(i) and
 (ii) . The 1 month time limit set forth in 37 CFR
 1.481(a)(1) to pay deficient fees may not be extended. See
 37 CFR
 1.481(a)(2) .
 

 If the payment needed to cover the preliminary examination fee and
 handling fee is not timely made in accordance with PCT Rule 58
 bis.1(d) , the United States International
 Preliminary Examining Authority will declare the Demand to be considered as if it had
 not been submitted. In this regard, where the Authority sends a notification that the
 Demand is considered not to have been made and applicant’s payment is received on the
 same date the notification is sent, the fee is considered to be late and the
 notification remains effective. The fee must antedate the notice in order for the notice
 not to be effective. See 37 CFR 1.481(b) .
 

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 1801-Basic Patent Cooperation Treaty (PCT) Principles 

 1802-PCT Definitions 

 1803-Reservations Under the PCT Taken by, and Notifications of Incompatibility Made by, the United States of America 

 1804-[Reserved] 

 1805-Where To File an International Application 

 1806-Applicants and Inventors 

 1807-Agent or Common Representative and General Power of Attorney 

 1808-Change in or Revocation of the Appointment of an Agent or a Common Representative 

 1809-Access to the USPTO patent electronic filing system 

 1810-Filing Date Requirements 

 1811-[Reserved] 

 1812-Elements of the International Application 

 1813 - 1816-[Reserved] 

 1817-PCT Member States 

 1818-[Reserved] 

 1819-Earlier Search 

 1820-Signature of Applicant 

 1821-The Request 

 1822-[Reserved] 

 1823-The Description 
 1823.01-Reference to Deposited Biological Material 

 1823.02-Filing Nucleotide and/or Amino Acid Sequence Listings in International Applications 

 
 

 1824-The Claims 

 1825-The Drawings 

 1826-The Abstract 

 1827-Fees 
 1827.01-Refund of International Application Fees 

 
 

 1828-Priority Claim and Document 
 1828.01-Restoration of the Right of Priority 

 1828.02-Continuation or Continuation-in-Part Indication in the Request 

 
 

 1829-[Reserved] 

 1830-International Application Transmittal Letter 

 1831-[Reserved] 

 1832-License Request for Foreign Filing Under the PCT 

 1833-[Reserved] 

 1834-Correspondence 
 1834.01-Filing of Correspondence by Facsimile 

 1834.02-Irregularities in the Mail or Electronic Communications Service 

 
 

 1835-[Reserved] 

 1836-Rectification of Obvious Mistakes 

 1837 - 1839-[Reserved] 

 1840-The International Searching Authority 
 1840.01-The European Patent Office as an International Searching Authority 

 1840.02-The Korean Intellectual Property Office as an International Searching Authority 

 1840.03-The Australian Patent Office (IP Australia) as an International Searching Authority 

 1840.04-[Reserved] 

 1840.05-The Israel Patent Office (ILPO) as an International Searching Authority 

 1840.06-The Japan Patent Office (JPO) as an International Searching Authority 

 1840.07-The Intellectual Property Office of Singapore (IPOS) as an International Searching Authority 

 
 

 1841-[Reserved] 

 1842-Basic Flow Under the PCT 

 1843-The International Search 
 1843.01-Prior Art for Chapter I Processing 

 1843.02-Certain Subject Matter Need Not Be Searched 

 1843.03-No Search Required if Claims Are Unclear 

 1843.04-Procedure for Claims Not Required To Be Searched and for Claims That Are Unclear 

 1843.05-Time Limit for Establishing the International Search Report and the Written Opinion of the International Searching Authority 

 
 

 1844-The International Search Report 
 1844.01-Preparing the International Search Report (Form PCT/ISA/210) 

 
 

 1845-Written Opinion of the International Searching Authority 
 1845.01-Preparing the Written Opinion of the International Searching Authority (Form PCT/ISA/237) 

 1845.02-Notification of Transmittal of the International Search Report and the Written Opinion of the International Searching Authority,
 or the Declaration (Form PCT/ISA/220) 

 
 

 1846 - 1847-[Reserved] 

 1848-Sequence Listings 

 1849-[Reserved] 

 1850-Unity of Invention Before the International Searching Authority 

 1851-Identification of Patent Documents 

 1852-Taking Into Account Results of Earlier Search(es) 

 1853-Amendment Under PCT Article 19 

 1854 - 1855-[Reserved] 

 1856-Supplementary International Searches 

 1857-International Publication 

 1858-[Reserved] 

 1859-Withdrawal of International Application, Designations, or Priority Claims 

 1860-International Preliminary Examination Procedure 

 1861-[Reserved] 

 1862-Agreement With the International Bureau To Serve as an International Preliminary Examining Authority 

 1863-[Reserved] 

 1864-The Demand and Preparation for Filing of Demand 
 1864.01-Amendments Filed Under PCT Article 34 

 1864.02-Applicant’s Right To File a Demand 

 1864.03-States Which May Be Elected 

 1864.04-Agent’s Right To Act 

 
 

 1865-Filing of Demand 

 1866-[Reserved] 

 1867-Preliminary Examination Fees 

 1868-Correction of Defects in the Demand 

 1869-Notification to International Bureau of Demand 

 1870-Priority Document and Translation Thereof 

 1871-Processing Amendments Filed Under Article 19 and Article 34 Prior to or at the Start of International Preliminary Examination 

 1872-Availability of the International Application File for International Preliminary Examination by the Examining Corps 

 1873-[Reserved] 

 1874-Determination if International Preliminary Examination Is Required and Possible 

 1875-Unity of Invention Before the International Preliminary Examining Authority 
 1875.01-Preparation of Invitation Concerning Unity 

 1875.02-Reply to Invitation Concerning Lack of Unity of Invention 

 
 

 1876-Notation of Errors and Informalities by the Examiner 
 1876.01-Request for Rectification and Notification of Action Thereon 

 
 

 1877-Nucleotide and/or Amino Acid Sequence Listings During the International Preliminary Examination 

 1878-Preparation of the Written Opinion of the International Preliminary Examining Authority 
 1878.01-Includes Subsections Regarding Prior Art, Novelty, Inventive Step, and Industrial Applicability for Purposes of the Written
 Opinion and the International Preliminary Examination Report 
 1878.01(a)-Prior Art for Purposes of the Written Opinion and the International Preliminary Examination Report 
 1878.01(a)(1)-Novelty for Purposes of the Written Opinion and the International Preliminary Examination Report 

 1878.01(a)(2)-Inventive Step for Purposes of the Written Opinion and the International Preliminary Examination Report 

 1878.01(a)(3)-Industrial Applicability for Purposes of the Written Opinion and the International Preliminary Examination Report 

 
 

 
 

 1878.02-Reply to the Written Opinion of the ISA or IPEA 

 
 

 1879-Preparation of the International Preliminary Examination Report 
 1879.01-Time Limit for Preparing Report 

 1879.02-Transmittal of the International Preliminary Examination Report and Related Documents 

 1879.03-Translations 

 1879.04-Confidential Nature of the Report 

 
 

 1880-Withdrawal of Demand or Election 

 1881-Receipt of Notice of Election and Preliminary Examination Report by the United States Patent and Trademark Office 

 1882 - 1892-[Reserved] 

 1893-National Stage (U.S. National Application Filed Under 35 U.S.C. 371) 
 1893.01-Commencement and Entry 
 1893.01(a)-Entry via the U.S. Designated or Elected Office 
 1893.01(a)(1)-Submissions Required by 30 Months from the Priority Date 

 1893.01(a)(2)-Article 19 Amendment (Filed With the International Bureau) 

 1893.01(a)(3)-Article 34 Amendments (Filed with the International Preliminary Examining Authority) 

 1893.01(a)(4)-Claim Amendment (Filed With the U.S. Designated or Elected Office) 

 
 

 1893.01(b)-Applicant for a U.S. National Stage Application 

 1893.01(c)-Fees 

 1893.01(d)-Translation 

 1893.01(e)-Inventor’s Oath or Declaration 

 
 

 1893.02-Abandonment 

 1893.03-Prosecution of U.S. National Stage Applications Before the Examiner 
 1893.03(a)-How To Identify That an Application Is a U.S. National Stage Application 

 1893.03(b)-The Filing Date of a U.S. National Stage Application 

 1893.03(c)-The Priority Date, Priority Claim, and Priority Papers for a U.S. National Stage Application 

 1893.03(d)-Unity of Invention 

 1893.03(e)-Documents Received from the International Bureau and Placed in a U.S. National Stage Application File 
 1893.03(e)(1)-Title of the Invention 

 
 

 1893.03(f)-Drawings and PCT Rule 11 

 1893.03(g)-Information Disclosure Statement in a National Stage Application 

 
 

 
 

 1894-[Reserved] 

 1895-A Continuation, Divisional, or Continuation- in- Part Application of a PCT Application Designating the United States 
 1895.01-Handling of and Considerations in the Handling of Continuations, Divisions, and Continuations-In-Part of PCT Applications 

 
 

 1896-The Differences Between a National Application Filed Under 35 U.S.C. 111(a) and a National Stage Application Submitted Under
 35 U.S.C. 371 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:50:37