Neustel Law Offices Attorneys At Law

Uspto patent fees, uspto fees effective  december 29, 2022.

Below are the USPTO fees for U.S. patent applications and patents.  The fees below do not include patent attorney fees. To determine if you are a Large Entity , Small Entity or Micro Entity , see our Small Entity, Micro Entity vs. Large Entity section.  This is only a partial listing of many common U.S. Patent Office fees (see Complete USPTO Fees Here ).

A.  Patent Filing Fees.

1.  original patent filing fees (base fees)., 2.  additional patent filing fees (if applicable)., b.  patent prosecution fees., 1.  extension of time fees for response to office action., 2.  request for continued examination (rce)., c.  patent issue fees., d.  petition to revive abandoned patent application, e.  patent maintenance fees., 1.  patent maintenance fees (if timely paid)., 2.  additional fees if not timely paid..

The following table lists the patent fees charged by the United States Patent and Trademark Office. USPTO  Trademark Fees  are listed separately. A complete copy of the USPTO's fee schedule is available from  their website . 

Quick Jump:  Patent Trials and Appeals Board (PTAB)  | PCT:   International Stage  -  National Stage  -  WIPO  |  Hague Convention 

USPTO Fee changes : Fees increased effective January 16, 2018 PCT Fee  Changes: Some International Stage and National Stage fees changed January 16, 2018 PCT Fee for search by EPO and Rospatent changed as of December, 2017 PCT Fee for search by IPO Singapore changed as of November 1, 2017 PCT Fee for sarch by ILPO changes as of July 1, 2017 PCT Fees for search by JPO and KIPO changed as of March 1, 2017 WIPO fees  and  International Fees  changed January 1, 2017 The "Large Entity Fee", "Small Entity Fee" and "Micro Entity Fee" columns on this page incorporate changes to USPTO fees which became effective through the last update of this page - changes which have been announced, but are not yet effective, are listed in the "pending fees" columns. Upcoming changes will be incorporated as they are announced.  See  this page on our website  for instructions on how to decide if you are entitled to small entity or micro-entity fees.    DESCRIPTION Large Entity Fee Small Entity Fee Micro Entity Fee Utility Application Basic Filing Fee 320 128 64 Utility Application Basic Filing Fee (Small Entity) if filed electronically n/a 64 n/a Excess Claims: more than three  Independent Claims  (per indep. claim over 3) 480 192 96 Excess Claims: more than 20 total claims (per claim over 20) 100 40 20 Excess Claims: surcharge if there are any  multiple dependent claims 860 344 172 Utility Application Search Fee 700 280 140 Utility Application Examination Fee 800 320 160 Surcharge - Late Filing Fee, search fee, examination fee or oath/declaration 160 64 32 Surcharge - Late Provisional Filing Fee or Cover Sheet 60 24 12 Design Filing Fee or  Continuing Prosecution Application (CPA) 220 88 44 Design Search Fee 160 64 32 Design Examination Fee 640 256 128 Reissue Filing Fee 320 128 64 Reissue Search Fee 700 280 140 Reissue Examination Fee 2,320 928 464 Plant Filing Fee 220 88 44 Plant Search Fee 440 176 88 Plant Examination Fee 660 264 132 Provisional Application Filing Fee 300 120 60 Excess pages (all applications) - if more than 100 pages, per add'l 50 pages  (note: each page in an electronically filed application counts as 3/4 of a page for the purpose of calculating this fee, so that for electronically filed applications this fee becomes, in effect, $420/168/84 for each additional 66 pages if there are more than 133 electronically filed pages)  420 168 84 Extension - First Month 220 88 44 Extension - Second Month 640 256 128 Extension - Third Month 1,480 592 296 Extension - Fourth Month 2,320 928 464 Extension - Fifth Month 3,160 1,264 632 Request for Continued Examination (RCE) (first request) 1,360 544 272 Request for Continued Examination (RCE) (second or more request) 2,000 800 400 Correcting inventorship after first action on the merits (FAOM) Note: does not apply if inventor(s) are deleted, and statement is filed that correction is solely due to cancelation of claims in the application. 640 256 128 "Request for Prioritized Examination" (a/ka/ "Track I" or "Fast Track") of Utility Application 4,200 1,680 840 Request for Expedited Examination of Design Application 1,600 640 320 Petitions under the following 37 CFR sections (group I): § 1.36(a) - for revocation of a power of attorney by fewer than all applicants § 1.53(e) - to accord a filing date. § 1.57(a) - to accord a filing date. § 1.182 - for decision on a question not specifically provided for. § 1.183 - to suspend the rules. § 1.378(e) - for reconsideration of decision on petition refusing to accept delayed payment of maintenance fee in an expired patent. § 1.741(b) - to accord a filing date to an application under § 1.740 for extension of a patent term. 420 168 84 Petitions under the following 37 CFR sections (group II) § 1.12 -for access to an assignment record. § 1.14 -for access to an application. § 1.47 -for filing by other than all the inventors or a person not the inventor. § 1.59 -for expungement of information. § 1.103(a) - to suspend action in an application. § 1.136(b) - for review of a request for extension of time when the provisions of section 1.136(a) are not available. § 1.295 - for review of refusal to publish a statutory invention registration. § 1.296 - to withdraw a request for publication of a statutory invention registration filed on or after the date the notice of intent to publish issued. § 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 -for expedited handling of a foreign filing license. § 5.15 - for changing the scope of a license. § 5.25 - for retroactive license. 220 88 44 Petitions under the following 37 CFR sections (Group III) § 1.19(g) -to request documents in a form other than that provided in this part. § 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. 140 56 28 Processing fees under the following 37 CFR sections § 1.28(c)(3) - for processing a non-itemized fee deficiency based on an error in small entity status.  § 1.41 - for supplying 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.  § 1.48 - for correcting inventorship, except in provisional applications.    -  but see new fee for filing change in inventorship after first office action §1.17(d), above § 1.53(b)(3) - to convert a provisional application filed under § 1.53(c) into a nonprovisional application under § 1.53(b).  § 1.55 - for entry of late priority papers.  § 1.71(g)(2) – to enter an amendment to the specification for purposes of 35 U.S.C. 103(c)(2) if not filed within the cited time periods  § 1.99(e) - for processing a belated submission under § 1.99.  § 1.103(b) - for requesting limited suspension of action, continued prosecution application (§ 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.  § 1.217 - 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.  § 1.291(c)(5) - for processing a second or subsequent protest by the same real party in interest.  § 1.497(d) - for filing an oath or declaration pursuant to 35 U.S.C. 371(c)(4) naming an inventive entity different from the inventive entity set forth in the international stage.  § 3.81 - for a patent to issue to assignee, assignment submitted after payment of the issue fee. 140 56 28 §1.52(d) Non-English Specification 140 56 28 §1.221—for requesting voluntary publication or republication of an application. 140 140 140 Petition for Revival of an Abandoned Application for a Patent, for the Delayed Payment of the Fee for Issuing Each Patent, or for the Delayed Response by the Patent Owner in any 1453/2453/3453 1.17(m) Reexamination Proceeding 2,100 840 420 Submission of an Information Disclosure Statement (1.97) or third party submission (1.290(f)) 260 104 52 Processing fee for various actions on Provisional Applications (correcting inventorship, convert nonprovisional to provisional, etc)  50 50 50 Filing a submission after final rejection (1.129(a)) 880 352 176 Per add'l invention to be examined (1.129(b)) 880 352 176 Acceptance of Unintentionally delayed claim for priority 2,100 840 420 Utility or Reissue Issue Fee  1,200 480 240 Design Issue Fee 740 296 148 Plant Issue Fee 840 336 168 Publication fee - early, voluntary or normal 0 0 0 Publication fee - republication 320 320 320 Filing Application for patent term adjustment 210 210 210 Request for reinstatement of term reduced 420 420 420 Copy of Patent or Published Patent Application 3 3 3 Plant Patent Copy in color 15 15 15 Copy of Utility Patent or SIR in Color 25 25 25 Paper Copy of Patent Application as Filed 35 35 35 Paper Copy of File Wrapper (no page limit) 290 290 290 Paper copies of documents in file, other than application, per document 25 25 25 Electronic copy of File Wrapper 60 60 60 Certified or uncertified copy of document, not otherwise provided 25 25 25 For Assignment Records, Abstract of Title and Certification 35 35 35 Library Service 50 50 50 Copy of Non-U.S. Patent Document 25 25 25 Certificate of Correction 160 160 160 Processing fee for correcting inventorship in a patent 160 160 160 Request for ex parte Reexamination - streamlined * Micro-entity not available for third-party requestors 6,300 2,520 1,260* Request for ex parte Reexamination - non streamlined 12,600 5,040 2,520 Reexamination - excess independent claims 480 192 96 Reexamination - excess total claims 100 40 20 Petitions in a reexamination proceeding, except for those specifically enumerated in 37 CFR 1.550(i) and 1.937(d) 2,040 816 408 Statutory Disclaimer  note: no small or micro entity discount available 170 170 170 Maintenance Fee - 3.5 Years 2,000 800 400 Maintenance Fee - 7.5 Years 3,760 1,504 752 Maintenance Fee - 11.5 Years 7,700 3,080 1,540 Surcharge - Maintenance Fee - 6 Months 500 200 100 Extension of Term of Patent Under 1.740  note: no small or micro entity discount available 1,180 1,180 1,180 Initial Application for Interim Extension Under 1.790     note: no small or micro entity discount available 440 440 440 Subsequent Application for Interim Extension Under 1.790     note: no small or micro entity discount available 230 230 230 Request for Supplemental Examination 4,620 1,848 924 Reexamination ordered as a result of Supplemental Examination 12,700 5,080 2,540 Supplemental Examination document size - nonpatent reference 21-50 sheets 180 72 36 Supplemental Examination document size - nonpatent reference >50 sheets (per 50 sheets or part thereof) 300 120 60 International Type Search Report 40 40 40 Recording Patent Assignment, Agreement or other document - submitted electronically  0 0 0 Recording Patent Assignment, Agreement or other document -  not  submitted electronically 50 50 50 Publication in the OG 25 25 25 Handling Fee - Incomplete Application 140 140 140 Submission of Sequence Listing of 300 MB to 800 MB 1,060 424 212 Submission of Sequence Listing of more than 800 MB 10,500 4,200 2,100 Additional Fee for Overnight Delivery 40 40 40 Additional Fee for Expedited Service 170 170 170 PCT Fees - International Stage Large Entity Fee Small Entity  Fee* Micro Entity Fee* Transmittal Fee 260 104 52 PCT Search Fee for USPTO search  (note: Discount for prior US search has been eliminated) 2,180 872 436 Supplemental Search (per additional invention) 2,180 872 436 PCT Search Fee for European Patent Office (EPO) search  2,107 2,107 2,107 PCT Search Fee for IP Australia (IPAU) search  (Note: IP Australia may only be used for a limited number of technologies - be sure to check our  PCT News Page  for the latest list before choosing ISA/AU) 1,587 1,587 1,587 PCT Search Fee for Korean Patent Office (KIPO) search  (Note: IP Korea has a list of technologies they will not search - see our  PCT News Page  for the list)  1,003 1,003 1,003 PCT Search Fee for Israel Patent Office (ILPO) search  1,036 1,036 1,036 PCT Search Fee for Japanese Patent Office (JPO) search  (note: only for "green technology") 1,457 1,457 1,457 PCT Search Fee for Russian Patent Office (Rospatent) search 537 537 537 PCT Search Fee for IP Office of Singapore (IPOS) search  ( 1,622 1,622 1,622 Preliminary Exam Fee (if US was International Searching Agency) 640 256 128 Preliminary Exam Fee (if US was not ISA) 800 320 160 Supplemental Examination (per additional invention) 640 256 128 Non-electronic filing fee (additional fee for applications filed on paper) 400 200 200 Late Furnishing Fee for Providing a Sequence Listing in Response to an Invitation Under PCT Rule 13 ter 320 128 64 For information on which fees need to be paid to file an International Stage application, see  the note  below.  PCT Fees - National Stage Large Entity Fee Small Entity Fee*   Micro Entity Fee* Basic Filing Fee       Basic National Stage Fee 320 128 64 Fees in addition to Basic Fee       National Stage Search Fee (other - i.e. if none of the exceptions below apply) 700 280 140 - Search fee if USPTO issued IPER saying novelty, inventive step (nonobviousness) and industrial applicability have been satisfied for all claims entering the National Stage  0 0 0  - Search fee if USPTO was ISA and Int'l Search fee paid 140  56 28  - Search fee if USPTO not ISA, but Int'l Search Report is provided to USPTO no later than time at which search fee is paid 540 216 108 National Stage Examination Fee 800 320 160  - Exam fee if USPTO issued IPER saying novelty, inventive step (nonobviousness) and industrial applicability have been satisfied for all claims entering the National Stage  0 0 0 Claims - Extra Independent (Over 3) 480 192 96 Claims - Extra Total (Over 20) 100 40 20 Claims - if application has any multiple dependent claim (also affects total fee calculation) 860 344 172 Surcharge - Oath or Declaration filed after 30 months from priority date 160 64 32 English Translation filed after 30 Months from priority date (large or small entity) 140 56 28 Extra pages - for each 50 sheets over 100 420 168 84 Non-electronic filing fee (additional fee for applications filed on paper) 400 200 200 Fee for filing a petition to revive an international application abandoned unintentionally under 37 CFR 1.137(b) 2,100 840 420 Submission of Sequence Listing of 300 MB to 800 MB 1,060 424 212 Submission of Sequence Listing of more than 800 MB 10,500 4,200 2,100 For information on which fees need to be paid to file an International Stage application, see  the note  below.  PCT Fees - to WIPO or EPO Large Entity Fee Small Entity Fee*   Micro Entity Fee* Basic application fee (up to 30 pages)# 1,367 n/a n/a Basic application fee (up to 30 pages) filed on paper with PCT-EASY zip file# 1,264 n/a n/a Basic application fee if application is filed electronically with PCT-EASY zip file# 1,161 n/a n/a Basic supplemental fee (each page over 30)#       Handling Fee (Chapter II)# 206 n/a n/a International CD Application# 5,200 n/a n/a Fee for requesting restoration of the right of priority (unintentional only)  (No Micro Entity discount as of Dec. 18, 2013) 1,700 850 n/a # -  Note : These fees are actually paid by the USPTO to WIPO or EPO in Swiss Francs, and therefore they will change from time to time based on the fluctuations in the exchange rate. Treat these dollar amounts as estimates only, and check when paying fees as to what they actually are at that time. No small entity or micro entity discounts are applicable to WIPO or EPO fees.  * - Small Entity and Micro Entity discounts are only available for some (not all) fees charged by USPTO. Other authorities do not offer these discounts. If the fee in the "Small Entity Fee" or "Micro Entity Fee" column is "n/a", this means that the discount is not available, and the next-larger fee must be paid.   Note on Fees for Filing PCT Applications Not all of the fees listed in the various PCT sections will actually be paid in any given application. When filing an International Stage PCT application in the USPTO as receiving office, at least the following fees are required: Basic Application Fee (from this WIPO section) Transmittal Fee (from  PCT Fees - International Stage ) Search Fee - depends on which search authority is chosen (US, EP, KR, AU or RU) see  PCT Fees - International Stage When entering a PCT application into the National Stage in the USPTO, at least the following fees are required (from the  PCT Fees - National Stage  list, above): Basic National Stage Fee National Stage Examination Fee National Stage Search Fee Other application fees may apply, depending on the application, but these are the only ones which  every  PCT application filed in the USPTO will pay. Of course, the fees on this table are only the government fees. Attorney fees and expenses are in addition to these fees - for a more complete explanation, see our  Patent Budget Estimator Patent Trials and Appeals Board Fees Large Entity Fees Small Entity Fees Micro Entity Fee Petitions to the Chief Judge under 37 CFR 41.3 420 420 420 Notice of Appeal 840 336 168 Filing a Brief - appeal of application or Ex Parte Reexamination 0 0 0 Filing a Brief - appeal of Inter Partes Reexamination 2,100 840 420 Request for Oral Hearing 1,360 544 272 Forwarding an appeal in an application or Ex Parte Reexamination * Third-Party Filers Are Not Eligible for the Micro Entity Fee. 2,360 944 472* Inter partes review (IPR) - request fee, up to 20 claims 19,000 19,000 19,000 IPR - Post-institution fee, up to 20 claims 22,500 22,500 22,500 IPR - claims in excess of 20 for inter partes review - in addition to request fee  (per claim) 375 375 375 IPR - claims in excess of 20 for inter partes review - in addition to post-institution fee  (per claim) 750 750 750 Post-grant Review (PGR) or a covered business method (CBM) review - request fee, up to 20 claims 20,000 20,000 20,000 PGR or CBM - post-institution fee, up to 20 claims 27,500 27,500 27,500 PGR or CBM - claims in excess of 20, in addition to request fee (per claim) 475 475 475 PGR or CBM - claims in excess of 20, in addition to post-institution fee (per claim) 1,050 1,050 1,050 Derivation Petition 420 420 420 Request to make a settlement agreement and other requests filed in a patent trial proceeding  420 420 420 Hague Convention Fees Transmittal Fee 120 48 24 International design application fees payable to WIPO - see  WIPO Fee Calculator var var var Notes:  For further information regarding fee amounts or to request a copy of the PTO fee schedule, please contact the USPTO General Information Services Division by phone at (800) 786-9199 [PTO-9199] or (703) 308-4357 [308-HELP], or by fax at (703) 305-7786. PTO fees are subject to change. Usually, new fees take effect in the Fall, typically October-December. Be sure to check for the latest fees before filing anything.  PCT fees change more or less quarterly, as exchange rates change. See note above in " PCT Fees to WIPO or EPO "  The preceding table was taken from information supplied by the  USPTO web site . Additional legal and handling fees may apply for preparing and processing paperwork for payment of these fees. Back  to Patents Page Back to  Patent Budget Estimator

IP Overview

Patent Fees: Everything You Need to Know

Outlined below are the patent fees for the USPTO for different patent tasks like processing patent searches, patent examinations, and patent applications. 5 min read

Patent Fees: What Are They?

Patent fees relate to the United States Patent and Trademark Office's (USPTO) standard costs for processing patent searches , patent examinations, provisional patent applications , utility patent applications, patent issue, patent maintenance, and appeals.

The patent office charges fees for every action it performs. A standard fee schedule shows the amount you owe. The complete schedule includes the costs for every type of patent and trademark filing . It also includes fees for maintenance, appeals, and other services.

Why Are Patent Office Fees Important?

The USPTO plays an important role in innovation and job creation in the U.S. Over time, several pieces of legislation have been introduced to improve the patent office's power and funding.

Advantages of Patent Office Fees

The patent office is a fee-funded government agency, so payments are necessary for the agency to provide services.

Virtually every USPTO service requires a fee, meaning applicants tend not to request unnecessary services. As a result, the patent office can manage its workload.

Disadvantages of Patent Office Fees

Affordable fees encourage more applications, which makes more work for the patent office. Cheaper fees can lead to more low-quality patents for low-value inventions.  Also, low fees can encourage "patent trolls," that buy up old patents with the demanding licensing fees from companies that develop subsequent technologies.  Higher fees may discourage some patent owners from maintaining patents for long periods of time. 

The patent fee structure offers relatively low fees for patent applications, but charge higher fees for issuing patents. That means the patent office earns more money from granting patents. Increasing the filing fees and lowering the issue fees could decrease the number of patents that the patent office has to issue to maintain funding.

Patent Office Fee Classifications

The USPTO charges fees based on three classifications:

Types of Patent Office Fees

The USPTO issues many types of patent fees. The main types are as follows:

Frequently Asked Questions

The current USPTO fee schedule went into effect on January 1, 2014 and the agency edits the schedule regularly. In 2016, the office proposed and adjustment to some of its fees, including increases for some services.  It has received a very high number of America Invents Act (AIA) appeals. As a result, it has proposed increasing the trial fee. This will help the agency handle the workload and fund its services.

The office also introduces new classifications occasionally. You should always confirm the fee schedule before submitting payment.  

You have to pay the fee that applies to your business. Large businesses, small entities, and micro entities all pay different fees. Review the patent office fee schedule to check the amount you owe.

Due dates depend on the type of action you need to take. The patent office doesn't usually send reminders. It's your responsibility to make sure you pay on time.

If you handle the patent fees and paperwork yourself, there aren't additional fees. You can also hire a lawyer to help you with a patent application. The average patent lawyer charges about $300 per hour. This adds up as follows:

Steps to File Patent Office Fees

1.     Review the Current Fee Schedule

Always review the USPTO fee schedule before filing a payment. Sending the wrong payment could delay your filing.

2.     Complete Transmittal Form

Many payments require a fee transmittal form or other documents. Record your contact information and patent number correctly on each form.

If you need help with patent office fees you can post your question or concern on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

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Content Approved by UpCounsel

IMAGES

  1. Uspto Patent Assignment Dataset

    uspto assignment filing fee

  2. USPTO Fees on the Rise

    uspto assignment filing fee

  3. Changes in Online Assignment Filing at the USPTO

    uspto assignment filing fee

  4. USPTO- Fee Schedule Update

    uspto assignment filing fee

  5. Design filing receipts from USPTO in a mere two days!

    uspto assignment filing fee

  6. New USPTO fee schedule increases fees for challenging granted patents, adds streamlined

    uspto assignment filing fee

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COMMENTS

  1. USPTO fee schedule

    The $400/$200 non-electronic filing fee (fee codes 1090/2090/3090 or 1690/2690/3690) must be paid in addition to the filing, search and examination fees, in

  2. Trademark fee information

    Initial application fee for electronic filing ; $250 per class of goods/services, $350 per class of goods/services

  3. USPTO Fee Schedule

    This means each fee listed as a “Basic filing fee” in the “Patent Application Filing Fees” section should be accompanied by the appropriate

  4. Fees and payment

    We accept credit cards, debit cards that do not require a PIN, deposit accounts, or EFT when paying online. Guest users can only pay with a

  5. Table of Patent Fees

    Fee. Fee. >10% AND >$20. Patent Application Filing Fees. Basic Filing fee - Utility (paper filing also requires non-electronic. 1011/2011/3011 1.16(a).

  6. 607-Filing Fee

    The excess claims fees specified in 37 CFR 1.16(h) and (i) are required for each independent claim in excess of three that is presented in a reissue application

  7. Fee schedule updates

    Fee schedule updates · 1701: International filing fee (first 30 pages—filed electronically without ePCT or PCT-EASY . · 1710: International filing

  8. Patent fees for small and micro entities reduced

    To support small and micro entities, Congress recently passed and President Biden signed into law on December 29, 2022 the Consolidated

  9. USPTO Patent Fees

    1. Original Patent Filing Fees (Base Fees). ; Provisional Filing Fee, $300, $120, $60 ; Utility Filing Fee (Non-Provisional), $1,820, $664, $364.

  10. USPTO Patent Fees

    USPTO Patent Fees ; Filing a submission after final rejection (1.129(a)) · Per add'l invention to be examined (1.129(b)) · Acceptance of

  11. Patent Fees: Everything You Need to Know

    Filing a patent application: $5,000 to $10,000; Amending a patent application: $1,500 to $4,000; Filing a patent issue fee: $300 to $900. Steps to File Patent