---
kind: "section"
citation: "37 C.F.R. § 1.22"
title: "37"
number: "1.22"
heading: "Fees payable in advance."
url: "https://uscodex.org/cfr/37/1.22"
---

# §1.22. Fees payable in advance.

- (a) Patent fees and charges payable to the United States Patent and Trademark Office are required to be paid in advance; that is, at the time of requesting any action by the Office for which a fee or charge is payable, with the exception that under [§ 1.53](/cfr/37/1.53.md) applications for patent may be assigned a filing date without payment of the basic filing fee.
- (b) All fees paid to the United States Patent and Trademark Office must be itemized in each individual application, patent, or other proceeding in such a manner that it is clear for which purpose the fees are paid. The Office may return fees that are not itemized as required by this paragraph. The provisions of [§ 1.5(a)](/cfr/37/1.5.md?p=a) do not apply to the resubmission of fees returned pursuant to this paragraph.

## Notes

### Amendments

[68 FR 48288, Aug. 13, 2003]

### 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.

### Authority

Authority: 35 U.S.C. 2(b)(2), unless otherwise noted.

### Source

Source: 24 FR 10332, Dec. 22, 1959, unless otherwise noted.

### Amendments

[68 FR 48288, Aug. 13, 2003]