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:
| By a micro entity (§ 1.29) | $47.00 |
| By a small entity (§ 1.27(a)) | 94.00 |
| By other than a small or micro entity | 235.00 |
(2) For reply within second month:
| By a micro entity (§ 1.29) | $138.00 |
| By a small entity (§ 1.27(a)) | 276.00 |
| By other than a small or micro entity | 690.00 |
(3) For reply within third month:
| By a micro entity (§ 1.29) | $318.00 |
| By a small entity (§ 1.27(a)) | 636.00 |
| By other than a small or micro entity | 1,590.00 |
(4) For reply within fourth month:
| By a micro entity (§ 1.29) | $499.00 |
| By a small entity (§ 1.27(a)) | 998.00 |
| By other than a small or micro entity | 2,495.00 |
(5) For reply within fifth month:
| By a micro entity (§ 1.29) | $679.00 |
| By a small entity (§ 1.27(a)) | 1,358.00 |
| By other than a small or micro entity | 3,395.00 |
(c) For filing a request for prioritized examination under § 1.102(e):
| By a micro entity (§ 1.29) | $903.00 |
| By a small entity (§ 1.27(a)) | 1,806.00 |
| By other than a small or micro entity | 4,515.00 |
(d) For correction of inventorship in an application after the first action on the merits:
| By a micro entity (§ 1.29) | $138.00 |
| By a small entity (§ 1.27(a)) | 276.00 |
| By other than a small or micro entity | 690.00 |
(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:
| By a micro entity (§ 1.29) | $300.00 |
| By a small entity (§ 1.27(a)) | 600.00 |
| By other than a small or micro entity | 1,500.00 |
(2) For filing a second or subsequent request for continued examination pursuant to § 1.114 in an application:
| By a micro entity (§ 1.29) | $572.00 |
| By a small entity (§ 1.27(a)) | 1,144.00 |
| By other than a small or micro entity | 2,860.00 |
(f) For filing a petition under one of the following sections that refers to this paragraph (f):
| By a micro entity (§ 1.29) | $90.00 |
| By a small entity (§ 1.27(a)) | 180.00 |
| By other than a small or micro entity | 450.00 |
(g)
(1) For filing a petition under one of the following sections which refers to this paragraph (g):
| By a micro entity (§ 1.29) | $47.00 |
| By a small entity (§ 1.27(a)) | 94.00 |
| By other than a small or micro entity | 235.00 |
Note 2 to table 11 to paragraph (g)(1): § 1.12—for access to an assignment record. § 1.14—for access to an application. § 1.46—for filing an application on behalf of an inventor by a person who otherwise shows sufficient proprietary interest in the matter. § 1.55(f)—for filing a belated certified copy of a foreign application. § 1.55(g)—for filing a belated certified copy of a foreign application. § 1.57(a)—for filing a belated certified copy of a foreign application. § 1.59—for expungement of information. § 1.136(b)—for review of a request for extension of time when the provisions of § 1.136(a) are not available. § 1.377—for review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of a patent. § 1.550(c)—for patent owner requests for extension of time in ex parte reexamination proceedings. § 1.956—for patent owner requests for extension of time in inter partes reexamination proceedings. § 5.12 of this chapter—for expedited handling of a foreign filing license. § 5.15 of this chapter—for changing the scope of a license. § 5.25 of this chapter—for retroactive license.
(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:
| By a micro entity (§ 1.29) | $60.00 |
| By a small entity (§ 1.27(a)) | 120.00 |
| By other than a small or micro entity | 300.00 |
(ii) For filing a second or subsequent request for suspension pursuant to § 1.103(a) in an application:
| By a micro entity (§ 1.29) | $90.00 |
| By a small entity (§ 1.27(a)) | 180.00 |
| By other than a small or micro entity | 450.00 |
(h) For filing a petition under one of the following sections that refers to this paragraph (h):
| By a micro entity (§ 1.29) | $30.00 |
| By a small entity (§ 1.27(a)) | 60.00 |
| By other than a small or micro entity | 150.00 |
Note 3 to table 14 to paragraph (h): § 1.84—for accepting color drawings or photographs. § 1.91—for entry of a model or exhibit. § 1.102(d)—to make an application special. § 1.138(c)—to expressly abandon an application to avoid publication. § 1.313—to withdraw an application from issue. § 1.314—to defer issuance of a patent.
(i) Processing fees.
(1) For taking action under one of the following sections that refers to this paragraph (i)(1):
| By a micro entity (§ 1.29) | $30.00 |
| By a small entity (§ 1.27(a)) | 60.00 |
| By other than a small or micro entity | 150.00 |
| Note 4 to table 15 to paragraph (i)(1): | |
| § 1.28(c)(3)—for processing a non-itemized fee deficiency based on an error in small entity status. | |
| § 1.29(k)(3)—for processing a non-itemized fee deficiency based on an error in micro entity status. | |
| § 1.41(b)—for supplying the name or names of the inventor or joint inventors in an application without either an application data sheet or the inventor's oath or declaration, except in provisional applications. | |
| § 1.48—for correcting inventorship, except in provisional applications. | |
| § 1.52(d)—for processing a nonprovisional application filed with a specification in a language other than English. | |
| § 1.53(c)(3)—to convert a provisional application filed under § 1.53(c) into a nonprovisional application under § 1.53(b). | |
| § 1.71(g)(2)—for processing a belated amendment under § 1.71(g). | |
| § 1.102(e)—for requesting prioritized examination of an application. | |
| § 1.103(b)—for requesting limited suspension of action, continued prosecution application for a design patent (§ 1.53(d)). | |
| § 1.103(c)—for requesting limited suspension of action, request for continued examination (§ 1.114). | |
| § 1.103(d)—for requesting deferred examination of an application. | |
| § 1.291(c)(5)—for processing a second or subsequent protest by the same real party in interest. | |
| § 3.81 of this chapter—for a patent to issue to assignee, assignment submitted after payment of the issue fee. |
(2) For taking action under one of the following sections that refers to this paragraph (i)(2):
| By a micro entity (§ 1.29) | $151.00 |
| By a small entity (§ 1.27(a)) | 151.00 |
| By other than a small or micro entity | 151.00 |
| Note 5 to table 16 to paragraph (i)(2): | |
| § 1.217—for processing a redacted copy of a paper submitted in the file of an application in which a redacted copy was submitted for the patent application publication. | |
| § 1.221—for requesting voluntary publication or republication of an application. |
(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:
| By a micro entity (§ 1.29) | $600.00 |
| By a small entity (§ 1.27(a)) | 1,200.00 |
| By other than a small or micro entity | 3,000.00 |
| Note 6 to table 18 to paragraph (m)(1): | |
| § 1.55(e)—for the delayed submission of a priority claim, when the petition is filed more than two years after the date when the priority claim was due. | |
| § 1.78(c) or (e)—for the delayed submission of a benefit claim, when the petition is filed more than two years after the date when the benefit claim was due. | |
| § 1.137—for filing a petition for the revival of an abandoned application for a patent, or for the delayed payment of the fee for issuing each patent, when the petition is filed more than two years after the abandonment of the application. | |
| § 1.137—for filing a petition for the revival of a reexamination proceeding that was terminated or limited due to a delayed response by the patent owner, when the petition is filed more than two years after the termination or limitation of the reexamination proceeding. | |
| § 1.378—for filing a petition to accept a delayed payment of the fee for maintaining a patent in force, when the petition is filed more than two years after the patent expiration date. | |
| § 1.1051—for filing a petition to excuse an applicant's failure to act within prescribed time limits in an international design application, when the petition is filed more than two years after the abandonment of the application. |
(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:
| By a micro entity (§ 1.29) | $452.00 |
| By a small entity (§ 1.27(a)) | 904.00 |
| By other than a small or micro entity | 2,260.00 |
(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:
| By a micro entity (§ 1.29) | $452.00 |
| By a small entity (§ 1.27(a)) | 904.00 |
| By other than a small or micro entity | 2,260.00 |
(o) For every ten items or fraction thereof in a third-party submission under § 1.290:
| By a small entity (§ 1.27(a)) or micro entity (§ 1.29) | $78.00 |
| By other than a small or micro entity | 195.00 |
(p) For an information disclosure statement under § 1.97(c) or (d):
| By a micro entity (§ 1.29) | $56.00 |
| By a small entity (§ 1.27(a)) | 112.00 |
| By other than a small or micro entity | 280.00 |
(q) Processing fee for taking action under one of the following sections which refers to this paragraph (q): $54.00.
(r) For entry of a submission after final rejection under § 1.129(a):
| By a micro entity (§ 1.29) | $189.00 |
| By a small entity (§ 1.27(a)) | 378.00 |
| By other than a small or micro entity | 945.00 |
(s) For each additional invention requested to be examined under § 1.129(b):
| By a micro entity (§ 1.29) | $189.00 |
| By a small entity (§ 1.27(a)) | 378.00 |
| By other than a small or micro entity | 945.00 |
(t) For filing a petition to convert an international design application to a design application under 35 U.S.C. chapter 16 (§ 1.1052):
| By a micro entity (§ 1.29) | $39.00 |
| By a small entity (§ 1.27(a)) | 78.00 |
| By other than a small or micro entity | 195.00 |
(u) Extension fees pursuant to § 1.136(a) in provisional applications filed under § 1.53(c):
(1) For reply within first month:
| By a micro entity (§ 1.29) | $10.00 |
| By a small entity (§ 1.27(a)) | 20.00 |
| By other than a small or micro entity | 50.00 |
(2) For reply within second month:
| By a micro entity (§ 1.29) | $20.00 |
| By a small entity (§ 1.27(a)) | 40.00 |
| By other than a small or micro entity | 100.00 |
(3) For reply within third month:
| By a micro entity (§ 1.29) | $40.00 |
| By a small entity (§ 1.27(a)) | 80.00 |
| By other than a small or micro entity | 200.00 |
(4) For reply within fourth month:
| By a micro entity (§ 1.29) | $80.00 |
| By a small entity (§ 1.27(a)) | 160.00 |
| By other than a small or micro entity | 400.00 |
(5) For reply within fifth month:
| By a micro entity (§ 1.29) | $160.00 |
| By a small entity (§ 1.27(a)) | 320.00 |
| By other than a small or micro entity | 800.00 |
(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:
(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):
| By a micro entity (§ 1.29) | $540.00 |
| By a small entity (§ 1.27(a)) | 1,080.00 |
| By other than a small or micro entity | 2,700.00 |
(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:
| By a micro entity (§ 1.29) | $800.00 |
| By a small entity (§ 1.27(a)) | 1,600.00 |
| By other than a small or micro entity | 4,000.00 |
Note 1 to 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.
[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]