37 CFR 1.20 — [Reserved] Rules of Practice in Patent Cases
Current through: 2024-07-01

Post-issuance fees.

§ 1.20 Post-issuance fees. (a) For providing a certificate of correction for an applicant's mistake (§ 1.323): $160.00 (b) Processing fee for correcting inventorship in a patent (§ 1.324): $160.00 (c) In reexamination proceedings: (1)(i) For filing a request for ex parte reexamination (§ 1.510(a)) having: (A) 40 or fewer pages; (B) Lines that are double-spaced or one-and-a-half spaced; (C) Text written in a non-script type font such as Arial, Times New Roman, or Courier; (D) A font size no smaller than 12 point; (E) Margins that conform to the requirements of § 1.52(a)(1)(ii); and (F) Sufficient clarity and contrast to permit direct reproduction and electronic capture by use of digital imaging and optical character recognition. Table 1 to Paragraph (c)(1)(i) By a micro entity (§ 1.29) $1,260.00 By a small entity (§ 1.27(a)) 2,520.00 By other than a small or micro entity 6,300.00 (ii) The following parts of an ex parte reexamination request are excluded from paragraphs (c)(1)(i)(A) through (F) of this section: (A) The copies of every patent or printed publication relied upon in the request pursuant to § 1.510(b)(3) (B) The copy of the entire patent for which reexamination is requested pursuant to § 1.510(b)(4); and (C) The certifications required pursuant to § 1.510(b)(5) and (6). (2) For filing a request for ex parte reexamination (§ 1.510(b)) that has sufficient clarity and contrast to permit direct reproduction and electronic capture by use of digital imaging and optical character recognition, and which otherwise does not comply with the provisions of paragraph (c)(1) of this section: Table 2 to Paragraph (c)(2) By a micro entity (§ 1.29) $2,520.00 By a small entity (§ 1.27(a)) 5,040.00 By other than a small or micro entity 12,600.00 (3) For filing with a request for reexamination or later presentation at any other time of each claim in independent form in excess of three and also in excess of the number of claims in independent form in the patent under reexamination: Table 3 to Paragraph (c)(3) 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 (4) For filing with a request for reexamination or later presentation at any other time of each claim (whether dependent or independent) in excess of 20 and also in excess of the number of claims in the patent under reexamination (note that § 1.75(c) indicates how multiple dependent claims are considered for fee calculation purposes): Table 4 to Paragraph (c)(4) 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 (5) If the excess claims fees required by paragraphs (c)(3) and (4) of this section are not paid with the request for reexamination or on later presentation of the claims for which the excess claims fees are due, the fees required by paragraphs (c)(3) and (4) must be paid or the claims canceled by amendment prior to the expiration of the time period set for reply by the Office in any notice of fee deficiency in order to avoid abandonment. (6) For filing a petition in a reexamination proceeding, except for those specifically enumerated in §§ 1.550(i) and 1.937(d): Table 5 to Paragraph (c)(6) By a micro entity (§ 1.29) $408.00 By a small entity (§ 1.27(a)) 816.00 By other than a small or micro entity 2,040.00 (7) For a refused request for ex parte reexamination under § 1.510 (included in the request for ex parte reexamination fee at § 1.20(c)(1) or (2)): Table 6 to Paragraph (c)(7) By a micro entity (§ 1.29) $756.00 By a small entity (§ 1.27(a)) 1,512.00 By other than a small or micro entity 3,780.00 (d) For filing each statutory disclaimer (§ 1.321): $170.00 (e) For maintaining an original or any reissue patent, except a design or plant patent, based on an application filed on or after December 12, 1980, in force beyond four years, the fee being due by three years and six months after the original grant: Table 7 to Paragraph (e) By a micro entity (§ 1.29) $400.00 By a small entity (§ 1.27(a)) 800.00 By other than a small or micro entity 2,000.00 (f) For maintaining an original or any reissue patent, except a design or plant patent, based on an application filed on or after December 12, 1980, in force beyond eight years, the fee being due by seven years and six months after the original grant: Table 8 to Paragraph (f) By a micro entity (§ 1.29) $752.00 By a small entity (§ 1.27(a)) 1,504.00 By other than a small or micro entity 3,760.00 (g) For maintaining an original or any reissue patent, except a design or plant patent, based on an application filed on or after December 12, 1980, in force beyond twelve years, the fee being due by eleven years and six months after the original grant: Table 9 to Paragraph (g) By a micro entity (§ 1.29) $1,540.00 By a small entity (§ 1.27(a)) 3,080.00 By other than a small or micro entity 7,700.00 (h) Surcharge for paying a maintenance fee during the six-month grace period following the expiration of three years and six months, seven years and six months, and eleven years and six months after the date of the original grant of a patent based on an application filed on or after December 12, 1980: Table 10 to Paragraph (h) By a micro entity (§ 1.29) $100.00 By a small entity (§ 1.27(a)) 200.00 By other than a small or micro entity $500.00 (i) [Reserved] (j) For filing an application for extension of the term of a patent: Table 11 to Paragraph (j) (1) Application for extension under § 1.740 $1,180.00 (2) Initial application for interim extension under § 1.790 440.00 (3) Subsequent application for interim extension under § 1.790 230.00 (k) In supplemental examination proceedings: (1) For processing and treating a request for supplemental examination: Table 12 to Paragraph (k)(1) By a micro entity (§ 1.29) $924.00 By a small entity (§ 1.27(a)) 1,848.00 By other than a small or micro entity 4,620.00 (2) For ex parte reexamination ordered as a result of a supplemental examination proceeding: Table 13 to Paragraph (k)(2) By a micro entity (§ 1.29) $2,540.00 By a small entity (§ 1.27(a)) 5,080.00 By other than a small or micro entity 12,700.00 (3) For processing and treating, in a supplemental examination proceeding, a non-patent document over 20 sheets in length, per document: (i) Between 21 and 50 sheets: Table 14 to Paragraph (k)(3)(i) By a micro entity (§ 1.29) $36.00 By a small entity (§ 1.27(a)) 72.00 By other than a small or micro entity 180.00 (ii) For each additional 50 sheets or a fraction thereof: Table 15 to Paragraph (k)(3)(ii) 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 [85 FR 46988, Aug. 3, 2020, as amended at 85 FR 58283, Sept. 18, 2020; 88 FR 17156, Mar. 22, 2023]