(d) In addition to the basic filing fee in an original application, if the application contains, or is amended to contain, a multiple dependent claim(s) per application: By a small entity (§ 1.9(f))... (If the additional fees required by para- (e) Surcharge for filing the basic filing fee or oath or declaration on a date later than the filing date of the application: By a small entity (§ 1.9(f))... By other than a small entity. $60.00 $120.00 (i) 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: By a small entity (§ 1.9(f)).. By other than a small entity.. In addition to the basic filing fee in a reissue application; for filing or later presentation of each claim (whether independent or dependent) in excess of 20 and also in excess of the number of claims in the original patent. (Note that § 1.75(c) indicates how multiple dependent claims are considered for fee purposes): By a small entity (§ 1.9(f)).. By other than a small entity.. (Note: See § 1.445 for international application filing and processing fees.) $18.00 $36.00 6.00 12.00 [50 FR 31824, Aug. 6, 1985; 50 FR 32410, Aug. 12, 1985, as amended at 54 FR 6900, Feb. 15, 1989] § 1.17 Patent application processing fees. inventors or a person not the inventor. § 1.48-for correction of inventorship. §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 interfer ence. § 1.666(c) for late filing of interference settlement agreement. §§ 5.12, 5.13, & 5.14-for expedited handling of a foreign filing license. § 5.15-for changing the scope of a li cense. § 5.25-for retroactive license. (i)(1) For filing a petition to the Commissioner under a section of this part listed below which refers to this paragraph §1.12-for access to an assignment § 1.14-for access to an application. 1.55-for entry of late priority papers. § 1.60-to accord a filing date. § 1.62-to accord a filing date. §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. § 1.334-for patent to issue to assignee, assignment recorded late. § 1.666(b)-for access to interference settlement agreement. (2) For filing a petition to the Commissioner under § 1.102 of this part to make application special..... (§ 1.52(d)).. (1) For filing a petition (i) For filing a petition to institute a public use proceeding under § 1.292.. (k) For processing an application filed with a $120.00 $80.00 .$1,200.00 $30.00 151(d) of the Atomic Energy Act of 1954, 68 Stat. 919; 42 U.S.C. 2181 (c) and (d). (d) Any decision of the Board of Patent Appeals and Interferences, or any decision of the Commissioner on petition, not otherwise open to public inspection shall be published or made available for public inspection if: (1) The Commissioner believes the decision involves an interpretation of patent laws or regulations that would be of important precedent value; and (2) the applicant, or any party involved in the interference, does not within two months after being notified of the intention to make the decision public, object in writing on the ground that the decision discloses a trade secret or other confidential information. If a decision discloses such information, the applicant or party shall identify the deletions in the text of the decision considered necessary to protect the information. If it is considered the entire decision must be withheld from the public to protect such information, the applicant or party must explain why. Applicants or parties will be given time, not less than twenty days, to request reconsideration and seek court review before any portions of decisions are made public over their objection. See § 2.27 for trademark applications. (e) Any request by a member of the public seeking access to, or copies of, any pending or abandoned application preserved in secrecy pursuant to paragraphs (a) and (b) of this section, or any papers relating thereto, must (1) Be in the form of a petition and be accompanied by the petition fee set forth in § 1.17(i)(1), or (2) Include written authority granting access to the member of the public in that particular application from the applicant or the applicant's assignee or attorney or agent of record. NOTE: See § 1.612(a) for access by an interference party to a pending or abandoned application. (Pub. L. 94-131, 89 Stat. 685; 35 U.S.C. 6, Pub. L. 97-247; 15 U.S.C. 1113, 1123) [42 FR 5593, Jan. 28, 1977, and 43 FR 20462, May 11, 1978, as amended at 49 FR 48451, Dec. 12, 1984; 50 FR 9378, Mar. 7, 1985; 53 FR 23733, June 23, 1988; 54 FR 6900, Feb. 15, 1989] §1.15 Requests for identifiable records. (a) Requests for records, not disclosed to the public as part of the regular informational activity of the Patent and Trademark Office and which are not otherwise dealt with in the rules in this part, shall be made in writing, with the envelope and the letter clearly marked "Freedom of Information Request." Each such request, so marked, should be submitted by mail addressed to the "Patent and Trademark Office, Freedom of Information Request Control Desk, Box 8, Washington, DC 20231,” or hand delivered to the Office of the Solicitor, Patent and Trademark Office, Arlington, Virginia. The request will be processed in accordance with the procedures set forth in Part 4 of Title 15, Code of Federal Regulations. (b) Any person whose request for records has been initially denied in whole or in part, or has not been timely determined, may submit a written appeal as provided in § 4.8 of Title 15, Code of Federal Regulations. (c) Procedures applicable in the event of service of process or in connection with testimony of employees on official matters and production of official documents of the Patent and Trademark Office in civil legal proceedings not involving the United States shall be those established in parts 15 and 15a of Title 15, Code of Federal Regulations. [53 FR 47686, Nov. 25, 1988] FEES AND PAYMENT OF MONEY § 1.16 National application filing fees. (a) Basic fee for filing each application for an original patent, except design or plant cases: By a small entity (§ 1.9(f)).. By other than a small entity. (b) In addition to the basic filing fee in an original application, for filing or later presentation of each independent claim in excess of 3: By a small entity (§ 1.9(f)). By other than a small entity. (c) In addition to the basic filing fee in an original application, for filing or later presentation of each claim (whether independent or dependent) in excess of 20. (Note that § 1.75(c) indicates how multiple dependent claims are considered for fee calculation purposes): By a small entity (§ 1.9(f)).... $185.00 $370.00 $18.00 $36.00 6.00 12.00 (d) For filing each statutory disclaimer (§ 1.321):....... By a small entity (§ 1.9(f)).... By other than a small entity. (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 and before August 27, 1982, in force beyond four years; the fee is due by three years and six months after the original grant .... (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 and before August 27, 1982, in force beyond eight years; the fee is due by seven years and six months after the original grant... (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 and before August 27, 1982, in force beyond twelve years; the fee is due by eleven years and six months after the original grant........ (h) For maintaining an original or reissue patent, except a design or plant patent, based on an application filed on or after August 27, 1982, 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)).. By other than a small entity.. (i) For maintaining an original or reissue patent, except a design or plant patent, based on an application, filed on or after August 27, 1982, in force beyond eight years; the fee is due to seven years and six months after the original grant: By a small entity (§ 1.9(f)).. By other than a small entity.. (i) For maintaining an original or reissue patent, except a design or plant patent, based on an application filed on or after August 27, 1982, 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)).. (k) 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, and before August 27, 1982.. (1) 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 August 27, 1982: By a small entity (§ 1.9(f))... By other than a small entity. (m) 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 unavoidable. (n) For filing an application for extension of the term of a patent (§ 1.740) (35 U.S.C. 6; 15 U.S.C. 1113, 1123) $740.00 .$1,480.00 $120.00 $60.00 $120.00 (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...... (i) For a duplicate or replacement of a permanent Office user pass (There is no charge for the first permanent user pass) ... (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... (1) For processing and retaining any application abandoned pursuant to section 1.53(d) unless the required basic filing fee has been paid....... $20.00 $10.00 Actual cost $550.00 $120.00 $600.00 (m) For processing each check returned "unpaid" by a bank.. $50.00 [54 FR 6902, Feb. 15, 1989; 54 FR 8053, Feb 24, 1989] (0) Marginal cost, paid in advance, for each hour of terminal session time, including print time, using Automated Patent Sysetm 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... (p) Marginal cost, paid in advance, for each hour of Office staff search assistance to conduct a search using Automated Patent System full-text search capabilities (APSText), prorated for the actual time used.... (q) Marginal cost, for each printed page generated from the Automated Patent System text terminal $40.00. $25.00. $0.10. (35 U.S.C. 6, Pub. L. 97-247; 15 U.S.C. 1113, 1123) [47 FR 41274, Sept. 17, 1982, as amended at 49 FR 553, Jan. 4, 1984; 50 FR 31825, Aug. 6, 1985; 50 FR 32410, Aug. 12, 1985; 54 FR 6902, Feb. 15, 1989; 54 FR 8053, Feb. 24, 1989; 54 FR 9432, Mar. 7, 1989; 54 FR 34282, Aug. 18, 1989; 54 FR 47518, Nov. 15, 1989; 54 FR 50949, Dec. 11, 1989; 54 FR 51550, Dec. 15, 1989] § 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 one dollar and fifty cents 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 one dollar and fifty cents coupons are sold individually and in books of 50 with stubs for record for $75. These coupons are good until used; they may be transferred but cannot be redeemed. [51 FR 28057, Aug. 4, 1986] § 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 ac counts 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] (a) Money paid by actual mistake or in excess, such as a payment not required by law, 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 one dollar or less will not be returned unless specifically demanded within a reasonable time, nor will the payer be notified of such amount; amounts over one dollar 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 $1,500 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] § 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 verified statement in the application or patent prior to or with the first fee paid as a small entity. Such a verified statement need only be filed once in an application or patent and remains in effect until changed. (b) Any verified statement filed pursuant to paragraph (a) of this section 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 aver that the inventor qualifies as an independent inventor in accordance with § 1.9(c) of this part. Where there are joint inventors in an application, each inventor must file a verified statement establishing status as an independent inventor in order to qualify as a small entity. Where any rights have been assigned, granted, conveyed, or licensed, or there is an obligation to assign, grant, convey, or license, any rights to a small business concern, a nonprofit organization, or any other individual, a verified statement must be filed by the individual, the owner of the small business concern, or an offiIcial of the small business concern or nonprofit organization empowered to act on behalf of the small business concern or nonprofit organization averring to their status. For purposes of a verified statement under this paragraph, a license to a Federal agency resulting from a funding agreement with that agency pursuant to 35 U.S.C. 202(c)(4) does not constitute a license as set forth in § 1.9 of this part. |