Brown & Michaels

USPTO Patent Fees

The following table lists the patent fees charged by the United States Patent and Trademark Office. USPTO Trademark Fees are listed separately. A complete copy of the USPTO's fee schedule is available from their website.

Quick Jump:
PCT fees: International Stage - National Stage - WIPO - Patent Trials and Appeals Board (PTAB) fees

Notes:

USPTO Fee changes:

Changes to many USPTO fees went into effect March 19, 2013. In particular, most USPTO fees are now be subject to the Small Entity and Micro Entity discounts. Also, excess claims fees and maintenance fees increase substantially, and there are numerous changes to the PTAB fees for appeals and reviews. See the January 18, 2013, Federal Register Notice for details.

As of January 1, 2014, the $40 recording fee for assignments will be eliminated if the assignment is recorded electronically.

Changes to the issue and publication fees will go into effect January 1, 2014 - issue fees are substantially reduced, publication fees are eliminated for normal publications.

Changes to USPTO fees in the PCT International Stage will be subject to Small Entity and Micro Entity Discounts, but this will not be effective until January 1, 2014.

PCT Fee Changes:

On March 21, 2013, the USPTO announced fees for restoration of the right of priority, including discounts for Small and Micro Entities.

Some PCT fees changed on March 19, 2013.

Many PCT fees will be subject to the Small Entity and Micro Entity discounts after January 1, 2014.

Some US PCT fees and also some WIPO fees increased on January 1, 2013.

Micro Entity Fees: the 75% "micro entity" discount applies to some fees, supplementing the existing 50% "small entity" discount, as of March 19, 2013. See our page on "How to tell if I'm a small entity" for details.

The "Large Entity Fee", "Small Entity Fee" and "Micro Entity Fee" columns on this page incorporate changes to USPTO fees which became effective through the last update of this page - changes which have been announced, but are not yet effective, are listed in the "pending fees" columns. Upcoming changes will be incorporated as they are announced.

37 CFR Sec.	DESCRIPTION	Large Entity Fee	Small Entity Fee	Micro Entity Fee	Pending Fees
37 CFR Sec.	DESCRIPTION	Large Entity Fee	Small Entity Fee	Micro Entity Fee	Large Entity	Small Entity	Micro Entity
1.16(a)	Utility Application Basic Filing Fee	280	140	70
1.16(a)(1)	Utility Application Basic Filing Fee (Small Entity) if filed electronically	n/a	70	n/a
1.16(h)	Excess Claims: more than three Independent Claims (per indep. claim over 3)	420	210	105
1.16(i)	Excess Claims: more than 20 total claims (per claim over 20)	80	40	20
1.16(j)	Excess Claims: surcharge if there are any multiple dependent claims	780	390	195
1.16(k)	Utility Application Search Fee	600	300	150
1.16(o)	Utility Application Examination Fee	720	360	180
1.16(f)	Surcharge - Late Filing Fee, search fee, examination fee or oath/declaration	140	70	35
1.16(g)	Surcharge - Late Provisional Filing Fee or Cover Sheet	60	30	15
1.16(b)	Design Filing Fee	180	90	45
1.16(l)	Design Search Fee	120	60	30
1.16(p)	Design Examination Fee	460	230	115
1.16(e)	Reissue Filing Fee	280	140	70
1.16(n)	Reissue Search Fee	600	300	150
1.16(r)	Reissue Examination Fee	2160	1080	540
1.16(c)	Plant Filing Fee	180	90	45
1.16(m)	Plant Search Fee	380	190	95
1.16(q)	Plant Examination Fee	580	290	145
1.16(d)	Provisional Application Filing Fee	260	130	65
1.16(s)	Excess pages (all applications) - if more than 100 pages, per add'l 50 pages (note: each page in an electronically filed application counts as 3/4 of a page for the purpose of calculating this fee, so that for electronically filed applications this fee becomes, in effect, $250/125 for each additional 66 pages if there are more than 133 electronically filed pages)	400	200	100
1.17(a)(1)	Extension - First Month	200	100	50
1.17(a)(2)	Extension - Second Month	600	300	150
1.17(a)(3)	Extension - Third Month	1,400	700	350
1.17(a)(4)	Extension - Fourth Month	2,200	1,100	550
1.17(a)(5)	Extension - Fifth Month	3,000	1,500	750
1.17(e)(1)	Request for Continued Examination (RCE) (first request)	1,200	600	300
1.17(e)(2)	Request for Continued Examination (RCE) (second or more request)	1,700	850	425
1.17(d)	Correcting inventorship after first action on the merits (FAOM) Note: does not apply if inventor(s) are deleted, and statement is filed that correction is solely due to cancelation of claims in the application.	600	300	150
1.17(c)	"Request for Prioritized Examination" (a/ka/ "Track I" or "Fast Track") of Utility Application	4,000	2,000	1,000
1.17(k)	Request for Expedited Examination of Design Application	900	450	225
1.17(f)	Petitions under the following 37 CFR sections (group I): § 1.36(a) - for revocation of a power of attorney by fewer than all applicants § 1.53(e) - to accord a filing date. § 1.57(a) - to accord a filing date. § 1.182 - for decision on a question not specifically provided for. § 1.183 - to suspend the rules. § 1.378(e) - for reconsideration of decision on petition refusing to accept delayed payment of maintenance fee in an expired patent. § 1.741(b) - to accord a filing date to an application under § 1.740 for extension of a patent term.	400	200	100
1.17(g)	Petitions under the following 37 CFR sections (group II) § 1.12 -for access to an assignment record. § 1.14 -for access to an application. § 1.47 -for filing by other than all the inventors or a person not the inventor. § 1.59 -for expungement of information. § 1.103(a) - to suspend action in an application. § 1.136(b) - for review of a request for extension of time when the provisions of section 1.136(a) are not available. § 1.295 - for review of refusal to publish a statutory invention registration. § 1.296 - to withdraw a request for publication of a statutory invention registration filed on or after the date the notice of intent to publish issued. § 1.377 - for review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of a patent. § 1.550(c) - for patent owner requests for extension of time in ex parte reexamination proceedings. § 1.956 - for patent owner requests for extension of time in inter partes reexamination proceedings. § 5.12 -for expedited handling of a foreign filing license. § 5.15 - for changing the scope of a license. § 5.25 - for retroactive license.	200	100	50
1.17(h)	Petitions under the following 37 CFR sections (Group III) § 1.19(g) -to request documents in a form other than that provided in this part. § 1.84 -for accepting color drawings or photographs. § 1.91 - for entry of a model or exhibit. § 1.102(d) - to make an application special. § 1.138(c) - to expressly abandon an application to avoid publication. § 1.313 - to withdraw an application from issue. § 1.314 - to defer issuance of a patent.	140	70	35
1.17(i)	Processing fees under the following 37 CFR sections § 1.28(c)(3) - for processing a non-itemized fee deficiency based on an error in small entity status. § 1.41 - for supplying the name or names of the inventor or inventors after the filing date without an oath or declaration as prescribed by § 1.63, except in provisional applications. § 1.48 - for correcting inventorship, except in provisional applications. - but see new fee for filing change in inventorship after first office action §1.17(d), above § 1.53(b)(3) - to convert a provisional application filed under § 1.53(c) into a nonprovisional application under § 1.53(b). § 1.55 - for entry of late priority papers. § 1.71(g)(2) – to enter an amendment to the specification for purposes of 35 U.S.C. 103(c)(2) if not filed within the cited time periods § 1.99(e) - for processing a belated submission under § 1.99. § 1.103(b) - for requesting limited suspension of action, continued prosecution application (§ 1.53(d)). § 1.103(c) - for requesting limited suspension of action, request for continued examination (§ 1.114). § 1.103(d) - for requesting deferred examination of an application. § 1.217 - for processing a redacted copy of a paper submitted in the file of an application in which a redacted copy was submitted for the patent application publication. § 1.291(c)(5) - for processing a second or subsequent protest by the same real party in interest. § 1.497(d) - for filing an oath or declaration pursuant to 35 U.S.C. 371(c)(4) naming an inventive entity different from the inventive entity set forth in the international stage. § 3.81 - for a patent to issue to assignee, assignment submitted after payment of the issue fee.	140	70	35
1.17(i)(1)	§1.52(d) Non-English Specification	140	70	35
1.17(i)(2)	§1.221—for requesting voluntary publication or republication of an application.	140	70	35
1.17(j)	Petition - Public Use Proceeding
1.17(l)	Petition - Revive Unavoidably Abandoned Application	640	320	160
1.17(m)	Petition - Revive Unintentionally Abandoned Appl.	1,900	950	475
1.17(n)	SIR - Prior to Examiner's Action (note: SIRs were eliminated on March 15, 2013)	n/a	n/a	n/a
1.17(o)	SIR - After Examiner's Action (note: SIRs were eliminated on March 15, 2013)	n/a	n/a	n/a
1.17(p)	Submission of an Information Disclosure Statement (1.97) or third party submission (1.290(f))	180	90	45
1.17(q)	Processing fee for various actions on Provisional Applications (correcting inventorship, convert nonprovisional to provisional, etc)	50	50	50
1.17(r)	Filing a submission after final rejection (1.129(a))	840	420	210
1.17(s)	Per add'l invention to be examined (1.129(b))	840	420	210
1.17(t)	Acceptance of Unintentionally delayed claim for priority	1,420	710	355
1.18(a)(1)	Utility or Reissue Issue Fee - paid after January 1, 2014	960	480	240
1.18(a)(2)	Utility or Reissue Issue Fee - paid before January 1, 2014	1,780	890	445
1.18(b)(1)	Design Issue Fee- paid after January 1, 2014	560	280	140
1.18(b)(2)	Design Issue Fee - paid before January 1, 2014	1,020	510	255
1.18(c)(1)	Plant Issue Fee- paid after January 1, 2014	760	380	190
1.18(c)(2)	Plant Issue Fee - paid before January 1, 2014	1,400	700	350
1.18(d)(1)	Publication fee - early, voluntary or normal- paid after January 1, 2014	0	0	0
1.18(d)(2)	Publication fee - early, voluntary or normal - paid before January 1, 2014	300	300	300
1.18(d)(2)	Publication fee - republication	300	300	300
1.18(e)	Filing Application for patent term adjustment	200	200	200
1.18(f)	Request for reinstatement of term reduced	400	400	400
1.19(a)(1)	Copy of Patent or Published Patent Application	3	3	3
1.19(a)(2)	Plant Patent Copy in color	15	15	15
1.19(a)(3)	Copy of Utility Patent or SIR in Color	25	25	25
1.19(b)(1)(i)(A)	Paper Copy of Patent Application as Filed	20	20	20
1.19(b)(1)(i)(B)	Paper Copy of File Wrapper (up to 400 pages)	200	200	200
1.19(b)(1)(i)(C)	- each additional 100 pages	40	40	40
1.19(b)(1)(i)(D)	Paper copies of documents in file, other than application, per document	25	25	25
1.19(b)(1)(ii)(B)	CDROM copy of File Wrapper (first CDROM)	55	55	55
1.19(b)(1)(ii)(C)	- each additional CDROM	15	15	15
1.19(b)(2)(i)(A)	Copy of patent-related file wrapper contents that were submitted and are stored on compact disk or other electronic form (e.g., compact disks stored in Artifact folder), other than as available in 1.19(b)(1); first physical electronic medium in a single order	55	55	55
1.19(b)(2)(i)(B)	Additional fee for each continuing copy of patent-related file wrapper contents as specified in 1.19(b)(2)(i)(A)	15	15	15
1.19(b)(2)(ii)	Copy of patent-related file wrapper contents that were submitted and are stored on compact disk, or other electronic form, other than as available in 1.19(b)(1); if provided electronically other than on a physical electronic medium, per order	55	55	55
1.19(b)(3)	Certified or uncertified copy of document, not otherwise provided	25	25	25
1.19(b)(4)	For Assignment Records, Abstract of Title and Certification	25	25	25
1.19(c)	Library Service	50	50	50
1.19(e)	Uncertified Statement-Status of Maintenance Fee Payment	10	10	10
1.19(f)	Copy of Non-U.S. Patent Document	25	25	25
1.19(g)	Petitions for documents in form other than that provided by this part, or in form other than that generally provided by Director, to be decided in accordance with merits	AT COST	AT COST	AT COST
1.20(a)	Certificate of Correction	100	100	100
1.20(b)	Processing fee for correcting inventorship in a patent	130	130	130
1.20(c)(1)	Request for ex parte Reexamination	12,000	6,000	3,000
1.20(c)(3)	Reexamination - excess independent claims	420	210	105
1.20(c)(3)	Reexamination - excess total claims	80	40	20
1.20(c)(6)	Petitions in a reexamination proceeding, except for those specifically enumerated in 37 CFR 1.550(i) and 1.937(d)	1,940	970	485
1.20(c)(7)	For a Refused Request for Ex Parte Reexamination (included in the fee for 1.20(c)(1))	3,600	1,800	900
1.20(d)	Statutory Disclaimer note: no small or micro entity discount available	160	160	160
1.20(e)	Maintenance Fee - 3.5 Years	1,600	800	400
1.20(f)	Maintenance Fee - 7.5 Years	3,600	1,800	900
1.20(g)	Maintenance Fee - 11.5 Years	7,400	3,700	1,850
1.20(h)	Surcharge - Maintenance Fee - 6 Months	160	80	40
1.20(i)(1)	Surcharge - Maintenance After Expiration - Unavoidable	700	350	175
1.20(i)(2)	Surcharge - Maintenance After Expiration - Unintentional	1,640	820	410
1.20(j)(1)	Extension of Term of Patent Under 1.740 note: no small or micro entity discount available	1,120	1,120	1,120
1.20(j)(2)	Initial Application for Interim Extension Under 1.790 note: no small or micro entity discount available	420	420	420
1.20(j)(3)	Subsequent Application for Interim Extension Under 1.790 note: no small or micro entity discount available	220	220	220
1.20(k)(1)	Request for Supplemental Examination	4,400	2,200	1,100
1.20(k)(2)	Reexamination ordered as a result of Supplemental Examination	12,100	6,050	3,025
1.20(k)(3)(i)	Supplemental Examination document size - nonpatent reference 21-50 sheets	180	90	45
1.20(k)(3)(ii)	Supplemental Examination document size - nonpatent reference >50 sheets (per 50 sheets or part thereof)	280	140	70
1.21(e)	International Type Search Report	40	40	40
1.21(g)	Self-Service Copy Charge (per page)	.25	.25	.25
1.21(h)(1)	Recording Patent Assignment, Agreement or other document - submitted electronically (Fee to be eliminated effective January 1, 2014)	40	40	40	0 as of 1/1/14	0 as of 1/1/14	0 as of 1/1/14
1.21(h)(1)	Recording Patent Assignment, Agreement or other document - not submitted electronically	40	40	40
1.21(i)	Publication in the OG	25	25	25
1.21(j)	Labor Charges for Services (per hour)	40	40	40
1.21(k)	Unspecified Other Services	AT COST	AT COST	AT COST
1.21(n)	Handling Fee - Incomplete Application	130	130	130
PCT Fees - International Stage		Large Entity Fee	Small Entity Fee	Micro Entity Fee (n/a)	Pending Fees effective 1/1/2014
PCT Fees - International Stage		Large Entity Fee	Small Entity Fee	Micro Entity Fee (n/a)	Large Entity	Small Entity	Micro Entity
1.445(a)(1) or 1.445(a)(4)	Transmittal Fee	240	240		240	120	60
1.445 (a)(2)i)	PCT Search Fee for USPTO search (note: Discount for prior US search has been eliminated)	2,080	2,080		2,080	1,040	520
1.445(a)(3)	Supplemental Search (per additional invention)	2,080	2,080		2,080	1,040	520
	PCT Search Fee for European Patent Office (EPO) search	2,419	2,419		2,419	2,419	2,419
	PCT Search Fee for IP Australia (IPAU) search (Note: IP Australia may only be used for a limited number of technologies - be sure to check our PCT News Page for the latest list before choosing ISA/AU)	2,282	2,282		2,282	2,282	2,282
	PCT Search Fee for Korean Patent Office (KIPO) search (Note: IP Korea has a list of technologies they will not search - see our PCT News Page for the list)	1,167	1,167		1,167	1,167	1,167
	PCT Search Fee for Russian Patent Office (Rospatent) search	217	217		217	217	217
1.482(a)(1)(i)	Preliminary Exam Fee (if US was International Searching Agency)	600	600		600	300	150
1.482(a)(1)(ii)	Preliminary Exam Fee (if US was not ISA)	750	750		760	380	190
1.482(a)(2)	Supplemental Examination (per additional invention)	600	600		600	300	150
1.445(a)(1)(ii)	Non-electronic filing fee (additional fee for applications filed on paper)	400	400		400	200	100
For information on which fees need to be paid to file an International Stage application, see the note below.
PCT Fees - National Stage		Large Entity Fee	Small Entity Fee	Micro Entity Fee	Pending Fees
PCT Fees - National Stage		Large Entity Fee	Small Entity Fee	Micro Entity Fee	Large Entity	Small Entity	Micro Entity
	Basic Filing Fee
1.492(a)	Basic National Stage Fee	280	140	70
	Fees in addition to Basic Fee
1.492(b)(4)	National Stage Search Fee (other - i.e. if none of the exceptions below apply)	600	300	150
	- Search fee if USPTO issued IPER saying novelty, inventive step (nonobviousness) and industrial applicability have been satisfied for all claims entering the National Stage	0	0	0
1.492(b)(2)	- Search fee if USPTO was ISA and Int'l Search fee paid	120	60	30
1.492(b)(3)	- Search fee if USPTO not ISA, but Int'l Search Report is provided to USPTO no later than time at which search fee is paid	600	300	150
1.492(c)(2)	National Stage Examination Fee	720	360	180
1.492(c)(1)	- Exam fee if USPTO issued IPER saying novelty, inventive step (nonobviousness) and industrial applicability have been satisfied for all claims entering the National Stage	0	0	0
1.492(d)	Claims - Extra Independent (Over 3)	420	210	105
1.492(e)	Claims - Extra Total (Over 20)	80	40	20
1.492(f)	Claims - if application has any multiple dependent claim (also affects total fee calculation)	780	390	195
1.492(e)	Surcharge - Oath or Declaration filed after 30 months from priority date	140	70	35
1.492(f)	English Translation filed after 30 Months from priority date (large or small entity)	140	70	35
1.492(j)	Extra pages - for each 50 sheets over 100	400	200	100
For information on which fees need to be paid to file an International Stage application, see the note below.
PCT Fees - to WIPO or EPO		Fees
PCT-WIPO	Basic application fee (up to 30 pages)#	1,419
	Basic application fee if application is filed in paper with PCT-EASY file on diskette, CD-R or DVD-R or filed electronically without PCT-EASY zip file#	1,312
	Basic application fee if application is filed electronically with PCT-EASY zip file#	1,206
PCT-WIPO	Basic supplemental fee (each page over 30)#	16
PCT-WIPO	Handling Fee (Chapter II)#	213
PCT-WIPO	International CD Application#	5,200
	Fee for requesting restoration of the right of priority	1,420	710	355
# - Note: These fees are actually paid by the USPTO to WIPO or EPO in Swiss Francs, and therefore they will change from time to time based on the fluctuations in the exchange rate. Treat these dollar amounts as estimates only, and check when paying fees as to what they actually are at that time. No small entity or micro entity discounts are applicable to WIPO or EPO fees.
Note on Fees for Filing PCT Applications Not all of the fees listed in the various PCT sections will actually be paid in any given application. When filing an International Stage PCT application in the USPTO as receiving office, at least the following fees are required: Basic Application Fee (from this WIPO section) Transmittal Fee (from PCT Fees - International Stage) Search Fee - depends on which search authority is chosen (US, EP, KR, AU or RU) see PCT Fees - International Stage When entering a PCT application into the National Stage in the USPTO, at least the following fees are required (from the PCT Fees - National Stage list, above): Basic National Stage Fee National Stage Examination Fee National Stage Search Fee Other application fees may apply, depending on the application, but these are the only ones which every PCT application filed in the USPTO will pay. Of course, the fees on this table are only the government fees. Attorney fees and expenses are in addition to these fees - for a more complete explanation, see our Patent Budget Estimator
Patent Trials and Appeals Board Fees		Large Entity Fees	Small Entity Fees	Micro Entity Fee	Pending Fees
Patent Trials and Appeals Board Fees		Large Entity Fees	Small Entity Fees	Micro Entity Fee	Large Entity	Small Entity	Micro Entity
41.20(a)	Petitions to the Chief Judge under 37 CFR 41.3	400	400	400
41.20(b)(1)	Notice of Appeal	800	400	200
41.20(b)(2)(i)	Filing a Brief - appeal of application or Ex Parte Reexamination	0	0	0
41.20(b)(2)(ii)	Filing a Brief - appeal of Inter Partes Reexamination	2,000	1,000	500
41.20(b)(3)	Request for Oral Hearing	1,300	650	325
41.20(b)(4)	Forwarding an appeal in an application or Ex Parte Reexamination	2,000	1,000	500
42.15(a)(1)	Inter partes review (IPR) - request fee, up to 20 claims	9,000	9,000	9,000
42.15(a)(2)	IPR - Post-institution fee, up to 15 claims	14,000	14,000	14,000
42.15(a)(3)	IPR - claims in excess of 20 for inter partes review - in addition to request fee (per claim)	200	200	200
42.15(a)(4)	IPR - claims in excess of 15 for inter partes review - in addition to post-institution fee (per claim)	400	400	400
42.15(b)(1)	Post-grant Review (PGR) or a covered business method (CBM) review - request fee, up to 20 claims	12,000	12,000	12,000
42.15(b)(2)	PGR or CBM - post-institution fee, up to 15 claims	18,000	18,000	18,000
42.15(b)(3)	PGR or CBM - claims in excess of 20, in addition to request fee (per claim)	250	250	250
42.15(b)(4)	PGR or CBM - claims in excess of 15, in addition to post-institution fee (per claim)	550	550	550
42.15(c)(1)	Derivation Petition	400	400	400
42.15(d)	Request to make a settlement agreement and other requests filed in a patent trial proceeding	400	400	400

Notes:

For further information regarding fee amounts or to request a copy of the PTO fee schedule, please contact the USPTO General Information Services Division by phone at (800) 786-9199 [PTO-9199] or (703) 308-4357 [308-HELP], or by fax at (703) 305-7786.
PTO fees are subject to change. Usually, new fees take effect in the Fall, typically October-December. Be sure to check for the latest fees before filing anything.
PCT fees change more or less quarterly, as exchange rates change. See note above in "PCT Fees to WIPO or EPO"

The preceding table was taken from information supplied by the USPTO web site. Additional legal and handling fees may apply for preparing and processing paperwork for payment of these fees.

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