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.$11.00 .$22.00

(d) In addition to the basic filing fee in an original application, except provisional applications, if the application contains, or is amended to contain, a multiple dependent claim(s), per application: By a small entity (§1.9(f)). .$125.00 By other than a small entity ..$250.00 (If the additional fees required by paragraphs (b), (c), and (d) of this section are not paid on filing or on later presentation of the claims for which the additional fees are due, they must be paid or the claims canceled by amendment prior to the expiration of the time period set for response by the Office in any notice of fee deficiency.)

(e) Surcharge for filing the basic filing fee or oath or declaration on a date later than the filing date of the application, except provisional applications:

By other than a small entity......$750.00 (1) In addition to the basic filing fee in a reissue application, for filing or later presentation of each independent claim which is in excess of the number of independent claims in the original patent:

.$39.00

By a small entity (§1.9(f))..................................................
By other than a small entity............$78.00
(j) In addition to the basic filing fee in a re-
issue application, for filing or later presen-
tation of each claim (whether independent or
dependent) in excess of 20 and also in excess
of the number of claims in the original pat-
ent. (Note that §1.75(c) indicates how mul-
tiple dependent claims are considered for fee
calculation purposes):

By a small entity (§1.9(f))........
By other than a small entity

.$11.00 .......$22.00

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.....$25.00 ....$50.00

By a small entity (§1.9(f)).............
By other than a small entity..............................................

NOTE: See §§1.445, 1.482 and 1.492 for international application filing and processing fees.

[56 FR 65151, Dec. 13, 1991, as amended at 57 FR 38194, Aug. 21, 1992; 60 FR 20221, Apr. 25, 1995; 60 FR 41022, Aug. 11, 1995]

$1.17 Patent application processing fees.

(a) Extension fee for response within first month pursuant to §1.136(a): By a small entity (§1.9(f)).. By other than a small entity.....

.$55.00 ..$110.00

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By a small entity (§1.9(f)). By other then a small entity

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...$700.00 By other than a small entity......... ...$1,400.00 (e) For filing a notice of appeal from the examiner to the Board of Patent Appeals and Interferences:

$145.00

................$290.00

(f) In addition to the fee for filing a notice of appeal, for filing a brief in support of an appeal:

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§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

$1.84-for accepting color drawings or photographs

§1.182 for decision on questions 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 patent

$1.378(e) for reconsideration of decision on petition refusing to accept delayed payment of maintenance fee in 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, 5.13 and 5.14-for expedited handling of a foreign filing license

$5.15-for changing the scope of a license $5.25 for retroactive license

(1) 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 $1.53-to accord a filing date, except in provisional applications

$1.55-for entry of late priority papers $1.60-to accord a filing date

§1.62-to accord a filing date

§1.97(d) to consider an information disclo

sure statement

§1.102-to make 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 interference settlement agreement

..$130.00

(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)).......................................................
By other than a small entity.
(m) For filing a petition:

.$110.00

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.$995.00

By a small entity (§1.9(f)) ...................... By other than a small entity......... .$1,990.00 (g) For maintaining an original or reissue patent, except a design or plant patent, based on an application filed on or after Ducember 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)) ...................................... .$1,495.00 By other than a small entity. .............$2,990.00 (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

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(2) Service charge for each month when the balance at the end of the month is below $1,000. (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. (c) Disclosure document: For filing a disclosure document............... (d) Delivery box: Local delivery box rental, per annum (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.

(f) [Reserved]

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(g) Self-service copy charge, per page

(h) For recording each assignment, agreement or other paper relating to the property in a patent or ap

$10.00

.$25.00

..$10.00

..$50.00

.$40.00

.$0.25

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..$25.00

..$30.00

(j) Labor charges for services, per hour or fraction thereof................. (k) For items and services that the Commissioner finds may be supplied, for which fees are not specifled 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(d)(1) unless the required basic filing fee has been paid..........$130.00 (m) For processing each check returned "unpaid" by a bank ........................................ ..$50.00 (n) For handling an incomplete or improper application under §1.53(c), $1.60 or $1.62...... (0) Marginal cost, paid in advance, for each hour of terminal session time, including print time, using Automated Patent System fulltext search capabilities, prorated for the actual time used. The Commissioner may waive the payment by an individual for access to the Automated Patent System fulltext search capability (APS-Text) upon a showing of need or hardship, and if such waiver is in the public interest....... .$40.00

...$130.00

[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]

§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 fee to be charged unless sufficient funds are present in the account to cover the fee.

(35 U.S.C. 6, Pub. L. 97-247)

[49 FR 553, Jan. 4, 1984, as amended at 50 FR 31826, Aug. 6, 1985]

$1.26 Refunds.

(a) Money paid in excess will be refunded, but a mere change of purpose after the payment of money, as when a

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