§1.17. Patent application and reexamination processing fees.

37 C.F.R. § 1.17

(a)

Extension fees pursuant to § 1.136(a), except in provisional applications filed under § 1.53(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 and § 42.15 of this title.

(c)

For filing a request for prioritized examination under § 1.102(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:

(1)

For filing a first request for continued examination pursuant to § 1.114 in an application:

(2)

For filing a second or subsequent request for continued examination pursuant to § 1.114 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):

(i)

For filing a first request for suspension pursuant to § 1.103(a) in an application:

(ii)

For filing a second or subsequent request for suspension pursuant to § 1.103(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), 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), § 1.78(c), § 1.78(e), § 1.137, § 1.1051, or § 1.378, when the petition is filed before the time period specified in paragraph (m)(1) of this section:

(3)

For filing a petition under § 1.55(c), § 1.78(b), or § 1.452 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:

(p)

For an information disclosure statement under § 1.97(c) or (d):

(q)

Processing fee for taking action under one of the following sections which refers to this paragraph (q): $54.00.

(1)

Section 1.41—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) in a provisional application.

(2)

Section 1.48—for correction of inventorship in a provisional application.

(3)

Section 1.53(c)(2)—to convert a nonprovisional application filed under § 1.53(b) to a provisional application under § 1.53(c).

(r)

For entry of a submission after final rejection under § 1.129(a):

(s)

For each additional invention requested to be examined under § 1.129(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):

(u)

Extension fees pursuant to § 1.136(a) in provisional applications filed under § 1.53(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 that, inclusive of the number of applicant-provided or patent owner-provided items of information listed under § 1.98(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) 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) of this section; and

(3)

Exceed 200. . . . . .$800, less any amounts previously paid under paragraphs (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, 121, 365(c), or 386(c) and § 1.78(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, 121, 365(c), or 386(c) and § 1.78(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, 121, 365(c), or 386(c) and § 1.78(d), the amount shown in this paragraph is due, less any amount previously paid under paragraph (w)(1) of this section:

Notes, amendments, and revision history

Amendments

[78 FR 17105, Mar. 20, 2013, as amended at 78 FR 62395, Oct. 21, 2013; 78 FR 75252, Dec. 11, 2013; 80 FR 17954, Apr. 2, 2015; 82 FR 52814, Nov. 14, 2017; 85 FR 46986, Aug. 3, 2020; 85 FR 58283, Sept. 18, 2020; 88 FR 17154, Mar. 22, 2023; 89 FR 92004, Nov. 20, 2024; 90 FR 39126, Aug. 14, 2025; 91 FR 37830, June 24, 2026]

Authority

Authority: Sections 1.16 through 1.22 also issued under 35 U.S.C. 41, 111, 119, 120, 132(b), 156, 157, 255, 302, and 311, Public Laws 103-465, 106-113, and 112-29.

§1.17. Patent application and reexamination processing fees.

Amendments

Authority

Authority

Source

Amendments

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