(4) For reply within fourth month: By a small entity (§1.9(f))—$755.00 By other than a small entity-$1,510.00 (5) For reply within fifth month: By a small entity (§1.9(f))-$1,030.00 By other than a small entity-$2,060.00 (b) For filing a notice of appeal from the examiner to the Board of Patent Appeals and Interferences: By a small entity (§1.9(f))—$155.00 By other than a small entity-$310.00 (c) In addition to the fee for filing a notice of appeal, for filing a brief in support of an appeal: By a small entity (§1.9(f))-$155.00 (d) For filing a request for an oral hearing before the Board of Patent Appeals and Interferences in an appeal under 35 U.S.C. 134: By a small entity (§1.9(f))—$135.00 (e)-(g) [Reserved] (h) For filing a petition to the Commissioner under a section listed below which refers to this paragraph-$130.00 $1.182-For decision on a question not specifically provided for. §1.183-To suspend the rules. $1.295-For review of refusal to publish a statutory invention registration. §1.377-For review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of a patent. §1.378(e)-For reconsideration of decision on petition refusing to accept delayed payment of maintenance fee in an expired patent. §1.644(e)-For petition in an interference. §1.644(f)—For request for reconsideration of a decision on petition in an interference. §1.666(c)-For late filing of interference settlement agreement. §5.12-For expedited handling of a foreign filing license. §5.15-For changing the scope of a license. § 5.25-For retroactive license. (i) For filing a petition to the Commissioner under a section listed below which refers to this paragraph-$130.00 §1.12-For access to an assignment record. §1.14-For access to an application. §1.41-To supply 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. §1.47-For filing by other than all the inventors or a person not the inventor. §1.48-For correction of inventorship, except in provisional applications. $1.53-To accord a filing date, except in provisional applications. §1.55-For entry of late priority papers. §1.59-For expungement and return of information. §1.84-For accepting color drawings or photographs. §1.91-For entry of a model or exhibit. §1.97(d)—To consider an information disclosure statement. §1.102-To make an application special. §1.103-To suspend action in application. §1.177-For divisional reissues to issue separately. §1.312-For amendment after payment of issue fee. §1.313 To withdraw an application from issue. §1.314-To defer issuance of a patent. §1.666(b)-For access to an interference settlement agreement. §3.81-For a patent to issue to assignee, assignment submitted after payment of the issue fee. (j) For filing a petition to institute a public use proceeding under §1.292— $1,510.00 (k) For processing an application filed with a specification in a nonEnglish language (§1.52(d))—$130.00 (1) For filing a petition: (1) For the revival of an unavoidably abandoned application under 35 U.S.C. 111, 133, 364, or 371, or (2) For delayed payment of the issue fee under 35 U.S.C. 151: By a small entity (§1.9(f))—$55.00 (m) For filing a petition: (1) For revival of an unintentionally abandoned application, or (2) For the unintentionally delayed payment of the fee for issuing a patent: By a small entity (§1.9(f))—$660.00 By other than a small entity-$1,320.00 (n) For requesting publication of a statutory invention registration prior to the mailing of the first examiner's action pursuant to §1.104-$920.00 reduced by the amount of the application basic filing fee paid. (0) For requesting publication of a statutory invention registration after the mailing of the first examiner's action pursuant to §1.104-$1,840.00 reduced by the amount of the application basic filing fee paid. (p) For submission of an information disclosure statement under $1.97(c)— $240.00 179-137 0-98--2 (q) For filing a petition to the Commissioner under a section listed below which refers to this paragraph-$50.00. §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. §1.48-For correction of inventorship in a provisional application. $1.53 To accord a provisional application a filing date or 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): By a small entity (§1.9(f))—$395.00 By other than a small entity-$790.00 (s) For each additional invention requested to be examined under §1.129(b): By a small entity (§1.9(f))—$395.00 By other than a small entity-$790.00 [56 FR 65152, Dec. 13, 1991, as amended at 57 FR 2033, Jan 17, 1992; 57 FR 32439, July 22, 1992; 58 FR 38723, July 20, 1993; 58 FR 45841, Aug. 31, 1993; 59 FR 43740, Aug. 25, 1994; 60 FR 20221, Apr. 25, 1995; 60 FR 41022, Aug. 11, 1995; 61 FR 39587, July 30, 1996; 62 FR 40452, July 29, 1997; 62 FR 53182, Oct. 10, 1997; 62 FR 61235, Nov. 17, 1997] $ 1.18 Patent issue fees. (a) Issue fee for issuing each original or reissue patent, except a design or plant patent: By a small entity (§1.9(f))—$660.00 By other than a small entity-$1,320.00 (b) Issue fee for issuing a design patent: By a small entity (§1.9(f))—$225.00 By other than a small entity-$450.00 (c) Issue fee for issuing a plant patent: By a small entity (§1.9(f))—$335.00 § 1.19 Document supply fees. The Patent and Trademark Office will supply copies of the following documents upon payment of the fees indicated: (a) Uncertified copies of patents: (1) Printed copy of a patent, including a design patent, statutory invention registration, or defensive publication document, except patent or statutory invention registration containing color drawing: (i) Regular service-$3.00 (ii) Overnight delivery to PTO Box or overnight fax-$6.00 (iii) Expedited service for copy ordered by expedited mail or fax delivery service and delivered to the customer within two workdays-$25.00 (2) Printed copy of a plant patent in color-$15.00 (3) Copy of a utility patent or statutory invention registration containing color drawing (see §1.84(a)(2))—$25.00 (b) Certified and uncertified copies of Office documents: (1) Certified or uncertified copy of patent application as filed (i) Regular service-$15.00 (ii) Expedited regular service-$30.00 (2) Certified or uncertified copy of patent-related file wrapper and contents-$150.00 (3) Certified or uncertified copies of Office records, per document except as otherwise provided in this section— $25.00 (4) For assignment records, abstract of title and certification, per patent$25.00 (c) Library service (35 U.S.C. 13): For providing to libraries copies of all patents issued annually, per annum-$50.00 (d) For list of all United States patents and statutory invention registrations in a subclass-$3.00 (e) Uncertified statement as to status of the payment of maintenance fees due on a patent or expiration of a patent-$10.00 (f) Uncertified copy of a non-United States patent document, per document $25.00 (g) To compare and certify copies made from Patent and Trademark Office records, but not prepared by the Patent and Trademark Office, per copy of document-$25.00 (h) Additional filing receipts; duplicate; or corrected due to applicant error-$25.00 [56 FR 65152, Dec. 13, 1991, as amended at 57 FR 38195, Aug. 21, 1992; 58 FR 38723, July 20, 1993; 60 FR 41022, Aug. 11, 1995; 62 FR 40452, July 29, 1997] § 1.20 Post issuance fees. (a) For providing a certificate of correction for applicant's mistake: (§1.323)-$100.00 of (b) Petition for correction inventorship in patent (§1.324)—$130.00 (c) For filing a request for reexamination (§1.510(a))—$2,520.00 (d) For filing each statutory disclaimer (§1.321): By a small entity (§1.9(f))—$55.00 (e) For maintaining an original or reissue patent, except a design or plant patent, based on an application filed on or after December 12, 1980, in force beyond four years; the fee is due by three years and six months after the original grant: By a small entity (§1.9(f))—$525.00 (f) For maintaining an original or reissue patent, except a design or plant patent, based on an application filed on or after December 12, 1980, in force beyond eight years; the fee is due by seven years and six months after the original grant: By a small entity (§1.9(f))—$1,050.00 (g) For maintaining an original or reissue patent, except a design or plant patent, based on an application filed on or after December 12, 1980, in force beyond twelve years; the fee is due by eleven years and six months after the original grant: By a small entity (§1.9(f))—$1,580.00 (h) Surcharge for paying a maintenance fee during the six-month grace period following the expiration of three years and six months, seven years and six months, and eleven years and six months after the date of the original grant of a patent based on an application filed on or after December 12, 1980: By a small entity (§1.9(f))—$65.00 By other than a small entity-$130.00 (i) Surcharge for accepting a maintenance fee after expiration of a patent for non-timely payment of a maintenance fee where the delay in payment is shown to the satisfaction of the Commissioner to have been(1) Unavoidable-$700.00 (2) Unintentional-$1,640.00 (j) For filing an application for extension of the term of a patent (§1.740)—$1,060.00 (1) Application for extension under §1.740-$1,120.00 (ii) Registration examination fee$310.00 (2) On registration to practice— $100.00 (3) For reinstatement to practice$40.00 (4) For certificate of good standing as an attorney or agent-$10.00 Suitable for framing-$20.00 (5) For review of a decision of the Director of Enrollment and Discipline under §10.2(c)—$130.00 (6) For requesting regrading of an examination under §10.7(c): (i) Regrading of morning section (PTO Practice and Procedure)-$230.00 (ii) Regrading of afternoon section (Claim Drafting)-$540.00 (b) Deposit accounts: (1) For establishing a deposit account-$10.00 (2) Service charge for each month when the balance at the end of the month is below $1,000-$25.00 (3) Service charge for each month when the balance at the end of the month is below $300 for restricted subscription deposit accounts used exclusively for subscription order of patent copies as issued-$25.00 (c) Disclosure document: For filing a disclosure document-$10.00 (d) Delivery box: Local delivery box rental, per annum-$50.00 (e) International type search reports: For preparing an international type search report of an international type search made at the time of the first action on the merits in a national patent application-$40.00 (f) [Reserved] (g) Self-service copy charge, per page $0.25 (h) For recording each assignment, agreement or other paper relating to the property in a patent or application, per property-$40.00 (i) Publication in Official Gazette: For publication in the Official Gazette of a notice of the availability of an application or a patent for licensing or sale: Each application or patent-$25.00 (j) Labor charges for services, per hour or fraction thereof-$40.00 (k) For items and services that the Commissioner finds may be supplied, for which fees are not specified by statute or by this part, such charges as may be determined by the Commissioner with respect to each such item or service--Actual Cost (1) For processing and retaining any application abandoned pursuant to §1.53(f), unless the required basic filing fee (§1.16)has been paid-$130.00 (m) For processing each check returned "unpaid” by a bank-$50.00 (n) For handling an application in which proceedings are terminated pursuant to §1.53(e)-$130.00 (0) Marginal cost, paid in advance, for each hour of terminal session time, including print time, using Automated Patent System full-text search capabilities, prorated for the actual time used. The Commissioner may waive the payment by an individual for access to the Automated Patent System full-text search capability (APS-Text) upon a showing of need or hardship, and if such waiver is in the public interest— $40.00 [56 FR 65153, Dec. 13, 1991, as amended at 57 FR 38195, Aug. 21, 1992; 57 FR 40493, Sept. 3, 1992; 59 FR 43741, Aug. 25, 1994; 60 FR 20222, Apr. 25, 1995; 60 FR 41022, Aug. 11, 1995; 61 FR 39588, July 30, 1996; 61 FR 43400, Aug. 22, 1996; 62 FR 40453, July 29, 1997; 62 FR 53183, Oct. 10, 1997] § 1.22 Fees payable in advance. (a) Patent and trademark fees and charges payable to the 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 applications for patent may be assigned a filing date without payment of the basic filing fee. (b) All patent and trademark fees paid to the Patent and Trademark Office should 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. (35 U.S.C. 6, Pub. L. 97-247) [48 FR 2708, Jan. 20, 1983] § 1.23 Method of payment. All payments of money required for Patent and Trademark Office fees, including fees for the processing of international applications (§1.445), should be made in U.S. specie, Treasury notes, national bank notes, post office money orders, or by certified check. If sent in any other form, the Office may delay or cancel the credit until collection is made. Money orders and checks must be made payable to the Commissioner of Patents and Trademarks. Remittances from foreign countries must be payable and immediately negotiable in the United States for the full amount of the fee required. Money sent by mail to the Patent and Trademark Office will be at the risk of the sender; letters containing money should be registered. (Pub. L. 94-131, 89 Stat. 685) [43 FR 20462, May 11, 1978] §1.24 Coupons. Coupons in denominations of three dollars, for the purchase of patents, designs, defensive publications, statutory invention registrations, and trademark registrations are sold by the Patent and Trademark Office for the convenience of the general public; these coupons may not be used for any other purpose. The three-dollar coupons are sold individually and in books of 50 for $150.00. These coupons are good until used; they may be transferred but cannot be redeemed. [56 FR 65153, Dec. 13, 1991] § 1.25 Deposit accounts. (a) For the convenience of attorneys, and the general public in paying any fees due, in ordering services offered by the Office, copies of records, etc., deposit accounts may be established in the Patent and Trademark Office upon payment of the fee for establishing a deposit account (§1.21(b)(1)). A minimum deposit of $1,000 is required for paying any fees due or in ordering any services offered by the Office. However, a minimum deposit of $300 may be paid to establish a restricted subscription deposit account used exclusively for subscription order of patent copies as issued. At the end of each month, a deposit account statement will be rendered. A remittance must be made promptly upon receipt of the statement to cover the value of items or services charged to the account and thus restore the account to its established normal deposit. An amount sufficient to cover all fees, services, copies, etc., requested must always be on deposit. Charges to accounts with insufficient funds will not be accepted. A service charge (§1.21(b)(2)) will be assessed for each month that the balance at the end of the month is below $1,000. For restricted subscription deposit accounts, a service charge (§1.21(b)(3)) will be assessed for each month that the balance at the end of the month is below $300. (b) Filing, issue, appeal, international-type search report, international application processing, petition, and post-issuance fees may be charged against these accounts if sufficient funds are on deposit to cover such fees. A general authorization to charge all fees, or only certain fees, set forth in §§1.16 to 1.18 to a deposit account containing sufficient funds may be filed in an individual application, either for the entire pendency of the application or with respect to a particular paper filed. An authorization to charge to a deposit account the fee for a request for reexamination pursuant to §1.510 and any other fees required in a reexamination proceeding in a patent may also be filed with the request for reexamination. An authorization to charge a fee to a deposit account will not be considered payment of the fee on the date the authorization to charge the fee is effective as to the particular (a) Any fee paid by actual mistake or in excess of that required will be refunded, but a mere change of purpose after the payment of money, as when a party desires to withdraw an application, an appeal, or a request for oral hearing, will not entitle a party to demand such a return. Amounts of twenty-five dollars or less will not be returned unless specifically requested within a reasonable time, nor will the payer be notified of such amounts; amounts over twenty-five dollars may be returned by check or, if requested, by credit to a deposit account. (b) [Reserved] (c) If the Commissioner decides not to institute a reexamination proceeding, a refund of $1,690 will be made to the requester of the proceeding. Reexamination requesters should indicate whether any refund should be made by check or by credit to a deposit account. (35 U.S.C. 6; 15 U.S.C. 1113, 1123) [47 FR 41274, Sept. 17, 1982, as amended at 50 FR 31826, Aug. 6, 1985; 54 FR 6902, Feb. 15, 1989; 56 FR 65153, Dec. 13, 1991; 57 FR 38195, Aug. 21, 1992; 62 FR 53183, Oct. 10, 1997] $ 1.27 Statement of status as small entity. (a) Any person seeking to establish status as a small entity (§1.9(f) of this part) for purposes of paying fees in an application or a patent must file a statement in the application or patent prior to or with the first fee paid as a small entity. Such a statement need only be filed once in an application or patent and remains in effect until changed. (b) When establishing status as a small entity pursuant to paragraph (a) of this section, any statement filed on behalf of an independent inventor must be signed by the independent inventor except as provided in §1.42, §1.43, or §1.47 of this part and must state that |