MPEP § 1415 — MPEP § 1415
Current through: 2022-07-01

1415-Reissue Application and Issue Fees 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 1400 

 Section 1415 
 

 
 
 
 
 
 1415 Reissue Application and Issue Fees [R-07.2022]
 I. BASIC REISSUE APPLICATION FILING, SEARCH, AND EXAMINATION FEES For reissue applications, the following fees are required: basic filing
 fee as set forth in 37 CFR 1.16(e) ; search fee as set
 forth in 37
 CFR 1.16(n) ; examination fee as set forth in 37 CFR
 1.16(r) ; application size fee, if applicable (see subsection II
 below); and excess claims fees, if applicable (see subsection III below). 
 

 The basic filing, search and examination fees are due on filing of the
 reissue application. These fees may be paid on a date later than the filing date of the
 reissue 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 reissue applications in which a petition under 37 CFR 1.138(d) to
 expressly abandon the application was filed applicant may file a request for refund of
 the search fee and excess claims fee paid in the application. See MPEP § 711.01 .
 

 II. APPLICATION SIZE FEE 37 CFR
 1.16(s) sets forth the application size fee for any application in
 which the specification and drawings exceed 100 sheets of paper. The calculation of the
 number of sheets excludes any “Sequence Listing”, computer readable form (CRF) of a
 “Sequence Listing”, or a “Computer Program Listing Appendix” filed in an American
 Standard Code for Information Interchange (ASCII) plain text file or any “Sequence
 Listing XML” filed in an eXtensible Markup Language (XML) fileon a read-only optical
 disc or via the USPTO patent electronic filing system in compliance with the rules. See
 37 CFR
 1.52(f) . The application size fee applies for each additional 50
 sheets or fraction thereof over 100 sheets of paper. Any “Sequence Listing” or CRF of a
 “Sequence Listing” in compliance with 37 CFR 1.821(c) or (e) , any
 “Sequence Listing XML” in compliance with 37 CFR
 1.831(a) 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 or XML file (as applicable) via the USPTO patent
 electronic filing system 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) . See also
 MPEP §
 607 .
 

 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. For
 reissue applications filed on or after December 8, 2004, in which a petition under
 37 CFR
 1.138(d) to expressly abandon the application was filed on or
 after March 10, 2006, applicant may file a request for refund of the search fee and
 excess claims fee paid in the application. See MPEP § 711.01 .
 

 Under 37 CFR 1.16(h) and (i) , the number of claims in the original
 patent is not relevant in determining the excess claims fee for a
 reissue application. 
 

 Example: Applicant filed a reissue application with the same number of claims
 as in the patent. The patent has 4 independent claims and 21 total claims. Excess
 claims fees for the 4 th independent claim (one additional
 independent claim per the fee set forth in 37 CFR
 1.16(h) ) and the 21 st claim (one
 additional total claim per the fee set forth in 37 CFR
 1.16(i) ) are required. Under 37 CFR
 1.16(h) and (i) , the number of claims in the
 original patent is not relevant in determining the excess claims fees for a reissue
 application.
 

 

 The excess claims fees, if any, due with an amendment are required
 before any consideration of the amendment by the examiner. 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. 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. If an amendment is
 limited to revising the existing claims and it does not result in the addition of any
 new claim, there is no excess claim fee. Excess claims fees apply only to the addition
 of claims. It is to be noted that where excess claims fees have been previously paid, a
 later amendment affecting the claims cannot serve as the basis for granting any refund.
 See 37 CFR
 1.26(a) . 
 

 Amendments filed before a first Office action, or otherwise 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 claims fee due, will not be
 entered in whole or in part and applicant will be so notified. Such amendments filed in
 reply to an Office action will be regarded as being non-responsive to the Office action
 and the practice set forth in MPEP § 714.03 will be followed. 
 

 An amendment canceling claims accompanying the papers constituting the
 reissue 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 reply to a Notice To File Missing Parts of Application that required the filing
 fees, which preliminary amendment cancels or adds claims, will be taken into account in
 determining the appropriate filing fees due in response to the Notice To File Missing
 Parts of Application. However, no refund will be made for claims being canceled in the
 reply that have already been paid for. After a requirement for restriction, non-elected
 claims will be included in determining the fees due in connection with a subsequent
 amendment unless such claims are canceled.
 

 

 IV. ISSUE FEE The issue fee for issuing each reissue patent is set forth in
 37 CFR
 1.18(a) .
 

 V. REISSUE APPLICATION FEE TRANSMITTAL FORM The Office has prepared Reissue Application Fee Transmittal Forms which
 are designed to assist in the correct calculation of reissue filing fees. For reissue
 applications filed on or after September 16, 2012, use Form PTO/AIA/50; for reissue
 applications filed before September 16, 2012, use Form PTO/SB/56. Form PTO/AIA/50 is
 available at www.uspto.gov/PatentForms . 
 

 
 1415.01 Maintenance Fees on the Original Patent [R-07.2022]

 The filing of a reissue application does not alter the schedule of
 payments of maintenance fees on the original patent. If maintenance fees have not been
 paid on the original patent as required by 35 U.S.C. 41(b) and
 37 CFR
 1.20 , and the patent has expired, no reissue patent can be
 granted. 35 U.S.C.
 251 only authorizes the granting of a reissue patent for the
 unexpired term of the original patent. Once a patent has expired, the Director of the
 USPTO no longer has the authority under 35 U.S.C. 251 to reissue the patent.
 See In re Morgan, 990 F.2d 1230, 26 USPQ2d 1392 (Fed. Cir. 1993). 
 

 The examiner should determine whether all required maintenance fees
 have been paid before conducting an examination of a reissue
 application. In addition, prior to issuing any Office action and during the process of
 preparing the reissue application for issue, the examiner should again determine whether
 all maintenance fees required to date have been paid.
 

 The history of maintenance fees is determined through any of the
 following tools. If one of the below does not show that a maintenance fee has been paid,
 the examiner should confirm through the use of the other tools.
 

 
 (A) Patent Maintenance Fees Storefront — Go to the Patent Maintenance
 Fees Storefront at https://fees.uspto.gov/MaintenanceFees/ . Enter both the patent
 number and the application number in the boxes provided, and select
 “Continue”.
 

 (B) Fee Payment History Service — Go to the Fee Payment History
 Service webpage at https://feeprocessingportal.uspto.gov/fpng/
 fees/historyservice . On the resulting screen, select “Patent”
 as the “Fee Reference Group” and select “Patent Maintenance Fees” as the “Fee
 Reference Group Item”. Then type in the patent number as the “Reference #”, and
 select “Submit”.
 

 (C) Docket Application Viewer (DAV) — Open the patented file in DAV.
 From the “Application Data” tab, expand the “Contents” section to view paid
 maintenance fees.
 

 
 If the window for the maintenance fee due has closed (maintenance fees
 are due by the day of the 4th, 8th and 12th year anniversary of the grant of the
 original patent), but the maintenance fee has not been paid, the Office of Patent Legal
 Administration (OPLA) should be contacted by the Technology Center (TC) Special Program
 Examiner (SPRE), appropriate Quality Assurance Specialist (TQAS), or Supervisory Patent
 Reexamination Specialist (SPRS) for instructions as to what appropriate action to
 take.
 

 See MPEP Chapter 2500 for additional
 information pertaining to maintenance fees.
 

 I. PAYMENT OF MAINTENANCE FEES WHERE THE PATENT HAS BEEN REISSUED Pursuant to 37 CFR 1.362(b) , maintenance fees
 are not required for a reissue patent if the original patent that was reissued did
 not require maintenance fees. Design and plant patents do not require the payment of
 maintenance fees. See 37 CFR 1.362(b) .
 

 Where the original patent that was reissued did require maintenance
 fees, the schedule of payments of maintenance fees on the original patent will
 continue for the reissue patent. See 37 CFR 1.362(h) . 
 

 If the maintenance fee is due prior to the issuance
 of a reissue patent, the maintenance fee must be paid in the original patent to
 maintain (1) the reissue patent in force beyond the end of the applicable grace
 period defined in 37 CFR 1.362(c) and (2) the pendency of any applications for
 reissue of the original patent. If the reissue application that is scheduled to issue
 is the only or last pending reissue application, payment should be made in the
 original patent at least a day prior to the issue date of the reissue application to
 avoid any uncertainty in the record about payment of the maintenance fee. This is
 because when that reissue application issues as a reissue patent, the original patent
 is surrendered and ceases to exist. If the maintenance fee is not paid before the
 issue date of the reissue application, payment of the maintenance fee during the
 grace period must be made to avoid expiration of the reissue patent. Payment of the
 maintenance fee should be made in the original patent because the maintenance fee was
 due before surrender of the original patent. In addition, the maintenance fee payment
 must include the surcharge under 37 CFR 1.20(h) if the maintenance
 fee is paid during the grace period (excluding any later payment authorized by
 37 CFR
 1.362(f) ).
 

 A. Maintenance Fees Due Prior to January 16, 2018 If the original patent that was reissued requires
 maintenance fees, the schedule of payments of maintenance fees on the original
 patent will continue for the reissue patent. See 37 CFR
 1.362(h) . Maintenance fees due after the issuance of the
 reissue patent must be paid in the reissue patent to maintain the reissue patent
 in force.
 

 If there was more than one reissue patent granted
 that replaced a single original patent, a single maintenance fee is required for
 all reissue patents. The maintenance fee must be directed to the latest reissue
 patent that has issued, i.e., the reissue patent with the highest reissue patent
 number. The issuance of more than one reissue patent does not alter the schedule
 of payments of maintenance fees on the original patent.
 

 B. Maintenance Fee Due On or After January 16, 2018 The practice of requiring only a single
 maintenance fee for multiple reissued patents was discontinued for maintenance
 fees due on or after January 16, 2018 in accordance with the USPTO’s fee setting
 authority. See Setting and Adjusting Patent Fees during Fiscal Year
 2017, 82 FR 52780 (November 14, 2017). Maintenance fees with a due
 date on January 13, 14, or 15 of 2018 could have been paid on Tuesday, January 16,
 2018 in accordance with 37 CFR 1.362(f) . The
 procedures that allow payment on January 16, 2018 do not change the maintenance
 fee due dates from being prior to January 16, 2018. 
 

 1. Single Reissue Patent and No Pending
 Application for Reissue Once an original patent reissues and there is no
 pending application for reissue of the original patent, maintenance fees due
 after the issuance of the reissue patent must be paid in the reissue patent to
 maintain the reissue patent in force. If more than one reissue patent replaced
 the original patent, maintenance fees must be paid in each of the reissue
 patents. Maintenance fees are no longer due in the original patent because it
 has been surrendered. However, if there is at least one pending application for
 reissue of the original patent, maintenance fees are still due in the original
 patent even if one or more reissue patents have issued. See paragraph 3 below
 for additional information.
 

 2. More Than One Reissue Patent and No
 Pending Application for Reissue In some instances, more than one reissue patent will be
 granted to replace a single original patent. The issuance of more than one
 reissue patent does not alter the schedule of payments of maintenance fees on
 the original patent. The existence of multiple reissue patents for one original
 patent can arise where multiple divisional reissue applications are filed for
 the same patent, and the multiple divisional applications issue as reissue
 patents (all to replace the same original patent). In addition, a divisional
 application or continuation application of an existing reissue application may
 be filed, and both may then issue as reissue patents. Effective January 16,
 2018, separate maintenance fee payments are required for each utility reissue
 patent during the unexpired part of the term of the original patent (unless the
 original patent was filed before December 12, 1980). Therefore, maintenance fee
 payments are required in each of the reissue patents that replace the single
 original patent. 
 

 See MPEP § 2504 , subsection I, for
 additional information on maintenance fees for reissue patents.
 

 3. One or More Reissue Patent(s) and One or
 More Pending Application(s) for Reissue Maintenance fee payments are required in
 original patents that are not surrendered because one or more reissue
 applications of the same original patent are still pending on the maintenance
 fee due date. Accordingly, each maintenance fee that comes due in a reissue
 patent family on or after January 16, 2018 must be separately paid in each
 reissue patent, and must also be paid in the original patent if the original
 patent is not surrendered on the maintenance fee due date. 
 

 See MPEP § 2504 , subsection I, for
 additional information on maintenance fees for reissue patents and original
 patents for which a reissue application is pending.
 

 

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 1400.01-Introduction 

 1401-Reissue 

 1402-Grounds for Filing 

 1403-Diligence in Filing 

 1404-Submission of Papers Where Reissue Patent Is in Litigation 

 1405-Reissue and Patent Term 

 1406-Citation and Consideration of References Cited in Original Patent 

 1407-1409-[Reserved] 

 1410-Content of Reissue Application 
 1410.01-Reissue Applicant and Inventor's Oath or Declaration 

 1410.02-Assignee Consent to the Reissue 

 
 

 1411-Form of Specification 
 1411.01-Certificate of Correction or Disclaimer in Original Patent 

 1411.02-New Matter 

 
 

 1412-Content of Claims 
 1412.01-Reissue Claims Must Be for Same General Invention 

 1412.02-Recapture of Canceled Subject Matter 

 1412.03-Broadening Reissue Claims 

 1412.04-Correction of Inventorship By Reissue 

 1412.05-Correction of Inventorship in a Broadening Reissue Application 

 
 

 1413-Drawings 

 1414-Content of Reissue Oath/Declaration 
 1414.01-Reissue Oath or Declaration in Reissue Application Filed On or After September 16, 2012 

 1414.02-Reissue Oath or Declaration in Reissue Application Filed Before September 16, 2012 

 1414.03-Supplemental Reissue Oath/Declaration 

 
 

 1415-Reissue Application and Issue Fees 
 1415.01-Maintenance Fees on the Original Patent 

 
 

 1416-No Physical Surrender of Original Patent 

 1417-Claim for Priority Under 35 U.S.C. 119(a)-(d) 

 1418-Notification of Prior/Concurrent Proceedings and Decisions Thereon, and of Information Known To Be Material to Patentability 

 1419-1429-[Reserved] 

 1430-Reissue Files Open to the Public and, Notice of Filing Reissue Announced in, Official Gazette 

 1431-1439-[Reserved] 

 1440-Examination of Reissue Application 

 1441-Two-Month Delay Period 
 1441.01-Protest and Pre-issuance Submission in Reissue Applications 

 
 

 1442-Special Status 
 1442.01-Litigation-Related or PTAB Trial-Related Reissues 

 1442.02-Concurrent Litigation or Trial Before the Patent Trial and Appeal Board 

 1442.03-Litigation Stayed 

 1442.04-Litigation Involving Patent 

 1442.05-Court Ordered Filing of Reissue Application 

 
 

 1443-Initial Examiner Review 

 1444-Review of Reissue Oath/Declaration 

 1445-Reissue Application Examined in Same Manner as Original Application 

 1446-1447-[Reserved] 

 1448-Fraud, Inequitable Conduct, or Duty of Disclosure Issues 

 1449-Protest Filed in Reissue Where Patent Is in Interference or Contested Case 
 1449.01-Concurrent Office Proceedings 

 1449.02-Interference in Reissue 

 1449.03-Reissue Application in Derivation Proceeding 

 
 

 1450-Restriction and Election of Species Made in Reissue Application 

 1451-Divisional Reissue Applications; Continuation Reissue Applications Where the Parent is Pending 

 1452-Request for Continued Examination of Reissue Application 

 1453-Amendments to Reissue Applications 

 1454-Appeal Brief 

 1455-Allowance and Issue 

 1456-Reissue Review 

 1457-Design Reissue Applications and Patents 

 1458-1459-[Reserved] 

 1460-Effect of Reissue 

 1461-1469-[Reserved] 

 1470-Public Access to Reissue Applications 

 1471-1479-[Reserved] 

 1480-Certificates of Correction — Office Mistake 
 1480.01-Expedited Issuance of Certificates of Correction - Error Attributable to Office 

 
 

 1481-Certificates of Correction - Applicant’s Mistake 
 1481.01-Correction of Assignees’ Names 

 1481.02-Correction of Named Inventor 

 1481.03-Correction of 35 U.S.C. 119 and 35 U.S.C. 120 Benefits 

 
 

 1482-1484-[Reserved] 

 1485-Handling of Request for Certificates of Correction 

 1486-1489-[Reserved] 

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 Last Modified: 
 
 03/09/2026 20:49:26