United States Patent and Trademark Office OG Notices: 31 August 2004
Certain Fees to be Adjusted
The United States Patent and Trademark Office (referred to as
"we" or "our" in this notice) is adjusting certain patent fee
amounts to reflect fluctuations in the Consumer Price Index (CPI).
Also, we are adjusting, by a corresponding amount, a few patent fees
(37 CFR 1.17(e), (r), (s), and (t)) that track statutory fees (either
37 CFR 1.16(a) or 1.17(m)). The Director is authorized to adjust these
fees annually by the CPI to recover the higher costs associated with
doing business.
Legislation has been proposed and passed by the House of
Representatives that would alter our fee amounts and procedures. The
United States Patent and Trademark Fee Modernization Act of 2004 (H.R.
1561) passed the House of Representatives on March 3, 2004. Similar
legislation is pending in the Senate as S.1760. If enacted, this
legislation would supersede many of the fees identified in this notice.
The effective date for the adjustments to the fee amounts shown
below will be October 1, 2004. Small entity fee amounts, where
applicable, appear in parentheses.
A final rule amending the rules of practice in patent cases to
indicate the new fee amounts will be published in the Federal
Register. This notice satisfies the requirement for publication in
the Official Gazette of the United States Patent and Trademark
Office. The final rule and the new fee schedule will be posted to
our Web site in the near future.
Patent and trademark customers are responsible for paying the
correct fee amounts. We advise our customers to refer to our official
Web site (www.uspto.gov), or call the USPTO Contact Center
at (703) 308-4357 or (800) 786-9199 for the most current fee amounts
and information.
Patent Fees (Small entity fee amounts, where applicable, appear in
parentheses.)
Current Fee New Fee
37 CFR Sec. Description Amount Amount
1.16(a) Basic filing $770 ($385) $790 ($395)
fee-Utility
1.16(b) Independent claims $86($43) $88 ($44)
in excess of three
1.16(d) Multiple dependent $290 ($145) $300 ($150)
claim
1.16(f) Design filing fee $340 ($170) $350 ($175)
1.16(f) Design filing fee $340 ($170) $350 ($175)
(CPA)
1.16(g) Plant filing fee $530 ($265) $550 ($275)
1.16(h) Reissue filing fee $770 ($385) $790 ($395)
1.16(h) Reissue filing fee $770 ($385) $790 ($395)
(CPA)
1.16(i) Reissue independent $86 ($43) $88 ($44)
claims over original
patent
1.17(a)(2) Extension for response $420 ($210) $430 ($215)
within second month
1.17(a)(3) Extension for response $950 ($475) $980 ($490)
within third month
1.17(a)(4) Extension for response $1,480 ($740) $1,530 ($765)
within fourth month
1.17(a)(5) Extension for response $2,010 ($1,005) $2,080 ($1,040)
within fifth month
1.17(b) Notice of appeal $330 ($165) $340 ($170)
1.17(c) Filing a brief in $330 ($165) $340($170)
support of an appeal
1.17(d) Request for oral $290 ($145) $300 ($150)
hearing
1.17(e) Request for continued $770 ($385) $790 ($395)
examination (RCE)
(1.114)
1.17(m) Petition to revive $1,330 ($665) $1,370 ($685)
unintentionally
abandoned application
1.17(r) Filing a submission $770 ($385) $790 ($395)
after final rejection
(1.129(a))
1.17(s) For each additional $770 ($385) $790 ($395)
invention to be
examined (1.129(b))
1.17(t) Acceptance of $1,330 $1,370
unintentionally
delayed claim
for priority
1.18(a) Utility issue fee $1,330 ($665) $1,370 ($685)
1.18(b) Design issue fee $480 ($240) $490 ($245)
1.18(c) Plant issue fee $640($320) $660 ($330)
1.20(e) Maintenance fee-due
at 3.5 years
1.20(f) Maintenance fee-due $2,090 ($1,045) $2,150 ($1,075)
at 7.5 years
1.20(g) Maintenance fee-due $3,220 ($1,610) $3,320 ($1,660)
at 11.5 years
1.492(a)(1) IPEA-U.S. $730 ($365) $750 ($375)
1.492(a)(2) ISA-U.S.
$770 ($385) $790 ($395)
1.492(a)(3) USPTO not ISA or IPEA $1,080 ($540) $1,110 ($555)
1.492(a)(5) Filing with EPO or $920 ($460) $950 ($475)
JPO search report
1.492(b) Claims-extra $86 ($43) $88 ($44)
independent
(over three)
1.492(d) Claims-multiple $290($145) $300 ($150)
dependent
Questions concerning this notice should be forwarded
to Tamara McClure by telephone at (703) 308-5075, or by e-mail at
tamara.mcclure@uspto.gov.
August 2, 2004 JO-ANNE BARNARD
Chief Financial Officer and
Chief Administrative Officer