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37 CFR 1.17

§ 1.17 Patent application and reexamination processing fees.

United States · 37 CFR — Patents, Trademarks, and Copyrights · Status: effective

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37 CFR 1.17, § 1.17 Patent application and reexamination processing fees, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/161827
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(a) Extension fees pursuant to § 1.136(a), except in provisional applications filed under § 1.53(c): (1) For reply within first month: Table 1 to Paragraph (a)(1) (2) For reply within second month: Table 2 to Paragraph (a)(2) (3) For reply within third month: Table 3 to Paragraph (a)(3) (4) For reply within fourth month: Table 4 to Paragraph (a)(4) (5) For reply within fifth month: Table 5 to Paragraph (a)(5) (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): Table 6 to Paragraph (c) (d) For correction of inventorship in an application after the first action on the merits: Table 7 to Paragraph (d) (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: Table 8 to Paragraph (e)(1) (2) For filing a second or subsequent request for continued examination pursuant to § 1.114 in an application: Table 9 to Paragraph (e)(2) (f) For filing a petition under one of the following sections that refers to this paragraph (f): Table 10 to Paragraph (f) § 1.36(a)—for revocation of a power of attorney by fewer than all of the applicants. § 1.53(e)—to accord a filing date. § 1.182—for decision on a question not specifically provided for in an application for patent. § 1.183—to suspend the rules in an application for patent. § 1.741(b)—to accord a filing date to an application under § 1.740 for extension of a patent term. § 1.1023—to review the filing date of an international design application. (g)(1) For filing a petition under one of the following sections which refers to this paragraph (g): Table 11 to 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: Table 12 to Paragraph (g)(2)(i) (ii) For filing a second or subsequent request for suspension pursuant to § 1.103(a) in an application: Table 13 to Paragraph (g)(2)(ii) (h) For filing a petition under one of the following sections that refers to this paragraph (h): Table 14 to Paragraph (h) (i) Processing fees. (1) For taking action under one of the following sections that refers to this paragraph (i)(1): Table 15 to Paragraph (i)(1) (2) For taking action under one of the following sections that refers to this paragraph (i)(2): Table 16 to 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 two years after the date when the required action was due: Table 18 to Paragraph (m)(1) (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: Table 19 to Paragraph (m)(2) (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: Table 20 to Paragraph (m)(3) (n) [Reserved] (o) For every ten items or fraction thereof in a third-party submission under § 1.290: Table 21 to Paragraph (o) (p) For an information disclosure statement under § 1.97(c) or (d): Table 22 to Paragraph (p) (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): Table 23 to Paragraph (r) (s) For each additional invention requested to be examined under § 1.129(b): Table 24 to Paragraph (s) (t) For filing a petition to convert an international design application to a design application under 35 U.S.C. chapter 16 (§ 1.1052): Table 25 to Paragraph (t) (u) Extension fees pursuant to § 1.136(a) in provisional applications filed under § 1.53(c): (1) For reply within first month: Table 26 to Paragraph (u)(1) (2) For reply within second month: Table 27 to Paragraph (u)(2) (3) For reply within third month: Table 28 to Paragraph (u)(3) (4) For reply within fourth month: Table 29 to Paragraph (u)(4) (5) For reply within fifth month: Table 30 to Paragraph (u)(5) (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): Table 31 to Paragraph (w)(1) (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: Table 32 to Paragraph (w)(2)

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.