---
kind: "range"
citation: "37 C.F.R. §§ 1.16–1.18"
title: "37"
from: "1.16"
to: "1.18"
count: 3
url: "https://uscodex.org/cfr/37/1.16..1.18"
---

# §1.16. National application filing, search, and examination fees.

- (a) Basic fee for filing each application under [35 U.S.C. 111](/usc/35/111.md) for an original patent, except design, plant, or provisional applications:
- (b) Basic fee for filing each application under [35 U.S.C. 111](/usc/35/111.md) for an original design patent:
- (c) **Basic fee for filing each application for an original plant patent—**
- (d) **Basic fee for filing each provisional application—**
- (e) **Basic fee for filing each application for the reissue of a patent—**
- (f) Surcharge for filing the basic filing fee, search fee, examination fee, or the inventor's oath or declaration on a date later than the filing date of the application, an application that does not contain at least one claim on the filing date of the application, or an application filed by reference to a previously filed application under [§ 1.57(a)](/cfr/37/1.57.md?p=a), except provisional applications:
- (g) Surcharge for filing the basic filing fee or cover sheet ([§ 1.51(c)(1)](/cfr/37/1.51.md?p=c-1)) on a date later than the filing date of the provisional application:
- (h) In addition to the basic filing fee in an application, other than a provisional application, for filing or later presentation at any other time of each claim in independent form in excess of three:
- (i) In addition to the basic filing fee in an application, other than a provisional application, for filing or later presentation at any other time of each claim (whether dependent or independent) in excess of 20 (note that [§ 1.75(c)](/cfr/37/1.75.md?p=c) indicates how multiple dependent claims are considered for fee calculation purposes):
- (j) In addition to the basic filing fee in an application, other than a provisional application, that contains, or is amended to contain, a multiple dependent claim, per application:
- (k) Search fee for each application filed under [35 U.S.C. 111](/usc/35/111.md) for an original patent, except design, plant, or provisional applications:
- (l) Search fee for each application under [35 U.S.C. 111](/usc/35/111.md) for an original design patent:
- (m) **Search fee for each application for an original plant patent—**
- (n) **Search fee for each application for the reissue of a patent—**
- (o) Examination fee for each application filed under [35 U.S.C. 111](/usc/35/111.md) for an original patent, except design, plant, or provisional applications:
- (p) Examination fee for each application under [35 U.S.C. 111](/usc/35/111.md) for an original design patent:
- (q) **Examination fee for each application for an original plant patent—**
- (r) **Examination fee for each application for the reissue of a patent—**
- (s) Application size fee for any application filed under 35 U.S.C.111 for the specification and drawings which exceed 100 sheets of paper, for each additional 50 sheets or fraction thereof:
- (t) Non-electronic filing fee for any application under [35 U.S.C. 111(a)](/usc/35/111.md?p=a) that is filed on or after November 15, 2011, other than by the USPTO patent electronic filing system, except for a reissue, design, or plant application:
- (u) Additional fee for any application filed on or after January 17, 2024, under 35 U.S.C.111 for an original patent, except design, plant, or provisional applications, where the specification, claims, and/or abstract does not conform to the USPTO requirements for submission in DOCX format:

# §1.17. Patent application and reexamination processing fees.

- (a) Extension fees pursuant to [§ 1.136(a)](/cfr/37/1.136.md?p=a), except in provisional applications filed under [§ 1.53(c)](/cfr/37/1.53.md?p=c):
  - (1) **For reply within first month—**
  - (2) **For reply within second month—**
  - (3) **For reply within third month—**
  - (4) **For reply within fourth month—**
  - (5) **For reply within fifth month—**
- (b) For fees in proceedings before the Patent Trial and Appeal Board, see [§ 41.20](/cfr/37/41.20.md) and [§ 42.15](/cfr/37/42.15.md) of this title.
- (c) For filing a request for prioritized examination under [§ 1.102(e)](/cfr/37/1.102.md?p=e):
- (d) **For correction of inventorship in an application after the first action on the merits—**
- (e) To request continued examination pursuant to [§ 1.114](/cfr/37/1.114.md):
  - (1) For filing a first request for continued examination pursuant to [§ 1.114](/cfr/37/1.114.md) in an application:
  - (2) For filing a second or subsequent request for continued examination pursuant to [§ 1.114](/cfr/37/1.114.md) in an application:
- (f) **For filing a petition under one of the following sections that refers to this paragraph (f)—**
- (g)
  - (1) **For filing a petition under one of the following sections which refers to this paragraph (g)—**
  - (2) For filing a petition to suspend action in an application under [§ 1.103(a)](/cfr/37/1.103.md?p=a):
    - (i) For filing a first request for suspension pursuant to [§ 1.103(a)](/cfr/37/1.103.md?p=a) in an application:
    - (ii) For filing a second or subsequent request for suspension pursuant to [§ 1.103(a)](/cfr/37/1.103.md?p=a) in an application:
- (h) **For filing a petition under one of the following sections that refers to this paragraph (h)—**
- (i) **Processing fees.**
  - (1) **For taking action under one of the following sections that refers to this paragraph (i)(1)—**
  - (2) **For taking action under one of the following sections that refers to this paragraph (i)(2)—**
- (j) [Reserved]-(l) [Reserved]
- (m)
  - (1) For filing a petition under one of the following sections which refers to this [paragraph (m)](#m), when the petition is filed more than one year after the date when the required action was due:
  - (2) For filing a petition under [§ 1.55(e)](/cfr/37/1.55.md?p=e), [§ 1.78(c)](/cfr/37/1.78.md?p=c), [§ 1.78(e)](/cfr/37/1.78.md?p=e), [§ 1.137](/cfr/37/1.137.md), [§ 1.1051](/cfr/37/1.1051.md), or [§ 1.378](/cfr/37/1.378.md), when the petition is filed before the time period specified in [paragraph (m)(1)](#m-1) of this section:
  - (3) For filing a petition under [§ 1.55(c)](/cfr/37/1.55.md?p=c), [§ 1.78(b)](/cfr/37/1.78.md?p=b), or [§ 1.452](/cfr/37/1.452.md) for the extension of the 12-month (six-month for designs) period for filing a subsequent application:
- (n) [Reserved]
- (o) For every ten items or fraction thereof in a third-party submission under [§ 1.290](/cfr/37/1.290.md):
- (p) For an information disclosure statement under § [1.97(c)](/cfr/37/1.97.md?p=c) or [(d)](/cfr/37/1.97.md?p=d):
- (q) Processing fee for taking action under one of the following sections which refers to this [paragraph (q)](#q): $54.00.
  - (1) [Section 1.41](/cfr/37/1.41.md)—to supply the name or names of the inventor or inventors after the filing date without a cover sheet as prescribed by [§ 1.51(c)(1)](/cfr/37/1.51.md?p=c-1) in a provisional application.
  - (2) [Section 1.48](/cfr/37/1.48.md)—for correction of inventorship in a provisional application.
  - (3) [Section 1.53(c)(2)](/cfr/37/1.53.md?p=c-2)—to convert a nonprovisional application filed under [§ 1.53(b)](/cfr/37/1.53.md?p=b) to a provisional application under [§ 1.53(c)](/cfr/37/1.53.md?p=c).
- (r) For entry of a submission after final rejection under [§ 1.129(a)](/cfr/37/1.129.md?p=a):
- (s) For each additional invention requested to be examined under [§ 1.129(b)](/cfr/37/1.129.md?p=b):
- (t) For filing a petition to convert an international design application to a design application under 35 U.S.C. chapter 16 ([§ 1.1052](/cfr/37/1.1052.md)):
- (u) Extension fees pursuant to [§ 1.136(a)](/cfr/37/1.136.md?p=a) in provisional applications filed under [§ 1.53(c)](/cfr/37/1.53.md?p=c):
  - (1) **For reply within first month—**
  - (2) **For reply within second month—**
  - (3) **For reply within third month—**
  - (4) **For reply within fourth month—**
  - (5) **For reply within fifth month—**
- (v) Information disclosure statement size fee for an information disclosure statement filed under [§ 1.97](/cfr/37/1.97.md) that, inclusive of the number of applicant-provided or patent owner-provided items of information listed under [§ 1.98(a)(1)](/cfr/37/1.98.md?p=a-1) on the information disclosure statement, causes the cumulative number of applicant-provided or patent owner-provided items of information under [§ 1.98(a)(1)](/cfr/37/1.98.md?p=a-1) during the pendency of the application or reexamination proceeding to:
  - (1) **Exceed 50 but not exceed 100.** . . . . .$200;
  - (2) **Exceed 100 but not exceed 200.** . . . . .$500, less any amount previously paid under [paragraph (v)(1)](#v-1) of this section; and
  - (3) **Exceed 200.** . . . . .$800, less any amounts previously paid under [paragraphs (v)(1)](#v-1) and/or (2) of this section.
- (w) Additional fee for presenting a benefit claim in a nonprovisional application under 35 U.S.C. [120](/usc/35/120.md), [121](/usc/35/121.md), [365(c)](/usc/35/365.md?p=c), or [386(c)](/usc/35/386.md?p=c) and [§ 1.78(d)](/cfr/37/1.78.md?p=d):
  - (1) When the actual filing date of the nonprovisional application in which the benefit claim is presented is more than six years and no more than nine years from the earliest filing date for which benefit is claimed under 35 U.S.C. [120](/usc/35/120.md), [121](/usc/35/121.md), [365(c)](/usc/35/365.md?p=c), or [386(c)](/usc/35/386.md?p=c) and [§ 1.78(d)](/cfr/37/1.78.md?p=d):
  - (2) When the actual filing date of the nonprovisional application in which the benefit claim is presented is more than nine years from the earliest filing date for which benefit is claimed under 35 U.S.C. [120](/usc/35/120.md), [121](/usc/35/121.md), [365(c)](/usc/35/365.md?p=c), or [386(c)](/usc/35/386.md?p=c) and [§ 1.78(d)](/cfr/37/1.78.md?p=d), the amount shown in this paragraph is due, less any amount previously paid under [paragraph (w)(1)](#w-1) of this section:

# §1.18. Patent post allowance (including issue) fees.

- (a) Issue fee for issuing each original patent, except a design or plant patent, or for issuing each reissue patent:
- (b)
  - (1) **Issue fee for issuing an original design patent—**
  - (2) [Reserved]
  - (3) Issue fee for issuing an international design application designating the United States, where the issue fee is paid through the International Bureau (Hague Agreement [Rule 12(3)(c)](/cfr/37/12.md?p=3-c)) as an alternative to paying the issue fee under [paragraph (b)(1)](#b-1) of this section: The amount established in Swiss currency pursuant to Hague Agreement [Rule 28](/cfr/37/28.md) as of the date of mailing of the notice of allowance ([§ 1.311](/cfr/37/1.311.md)).
- (c) **Issue fee for issuing an original plant patent—**