MPEP § 1827 — MPEP § 1827
Current through: 2022-07-01

1827-Fees 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 1800 

 Section 1827 
 

 
 
 
 
 
 1827 Fees [R-01.2024]

 A complete list of Patent Cooperation Treaty fee amounts which are to
 be paid to the United States Patent and Trademark Office (USPTO), for both the national
 and international stages, can be found at the beginning of each weekly issue of the
 Official Gazette of the United States Patent and Trademark Office
 and on the International Patent Legal Administration page of the USPTO website (see
 MPEP §
 1730 ). Applicants are urged to refer to this list before
 submitting any fees to the USPTO. 
 

 Pursuant to PCT Rules 14.1(c) ,
 PCT Rule
 15.3 , and 16.1(f) , the international filing,
 transmittal, and search fee payable is the international filing, transmittal, and search
 fee in effect on the receipt date of the international application. See
 37 CFR
 1.431(c) . For international applications filed on or after
 November 15, 2011, the transmittal fee paid to the USPTO as Receiving Office consists of
 both a basic portion and a non-electronic filing portion. See 37 CFR
 1.445(a)(1) . The non-electronic filing portion is applicable
 where applicant files the international application in paper rather than via the USPTO
 patent electronic filing system.
 

 
 1827.01 Refund of International Application Fees [R-07.2022]

 
 37 CFR 1.446 Refund of international application filing and processing
 fees. 

 
 (a) Money paid for international application fees, where
 paid by actual mistake or in excess, such as a payment not required by
 law or treaty and its regulations, may be refunded. A mere change of
 purpose after the payment of a fee 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 the payor or party requesting a refund
 does not provide the banking information necessary for making refunds by
 electronic funds transfer, the Office may use the banking information
 provided on the payment instrument to make any refund by electronic
 funds transfer.
 

 (b) Any request for refund under paragraph (a) of this
 section must be filed within two years from the date the fee was paid.
 If the Office charges a deposit account by an amount other than an
 amount specifically indicated in an authorization under §
 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) Refund of the supplemental search fees will be made if
 such refund is determined to be warranted by the Director or the
 Director’s designee acting under PCT Rule
 40.2(c) .
 

 (d) The international and search fees will be refunded if
 no international filing date is accorded or if the application is
 withdrawn before transmittal of the record copy to the International
 Bureau (PCT Rules 15.6 and 16.2 ). The search
 fee will be refunded if the application is withdrawn before transmittal
 of the search copy to the International Searching Authority. The
 transmittal fee will not be refunded.
 

 (e) The handling fee (§ 1.482(b) ) will be
 refunded ( PCT Rule 57.6 ) only
 if: 
 
 (1) The Demand is withdrawn before the Demand has
 been sent by the International Preliminary Examining Authority
 to the International Bureau, or
 

 (2) The Demand is considered not to have been
 submitted ( PCT Rule
 54.4(a) ). 
 

 
 

 
 

 Although 37 CFR 1.446(a) indicates that
 a “mere change of purpose after the payment of a fee will not entitle a party to a
 refund of such fee,” 37 CFR 1.446(d) and (e) contain
 exceptions to this general statement. 
 

 According to 37 CFR 1.446(d) , the
 international and search fees will be refunded if no international filing date is
 accorded or if the application is withdrawn before transmittal of the record copy to
 the International Bureau. The search fee will be refunded if the application is
 withdrawn before the search copy is transmitted to the International Searching
 Authority. The transmittal fee will not be refunded.
 

 According to 37 CFR 1.446(e) , the handling
 fee will be refunded if the Demand is withdrawn before the Demand has been sent by
 the International Preliminary Examining Authority to the International Bureau.
 

 Refund of the supplemental search fee will be made if the applicant
 is successful in a protest (filed pursuant to 37 CFR 1.477 ) to a holding of
 lack of unity of invention. The supplemental search fee must be paid and be
 accompanied by (1) a protest and (2) a request for refund of the supplemental search
 fee.
 

 If the receiving Office and International Searching Authority are
 not the same Office, any request for refund of the search fee made after the search
 copy has been transmitted to the International Searching Authority
 must be directed to the International Searching Authority
 and not to the receiving Office. 
 

 

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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 20:49:28