35 United States Code (USC) Flashcards

(2 cards)

1
Q

35 USC 41(a)(1)-(3)

A

(1)Filing and basic national fees.—
(A)On filing each application for an original patent, except for design, plant, or provisional applications, $330.
(B)On filing each application for an original design patent, $220.
(C)On filing each application for an original plant patent, $220.
(D)On filing each provisional application for an original patent, $220.
(E)On filing each application for the reissue of a patent, $330.
(F)The basic national fee for each international application filed under the treaty defined in section 351(a) entering the national stage under section 371, $330.
(G)In addition, excluding any sequence listing or computer program listing filed in an electronic medium as prescribed by the Director, for any application the specification and drawings of which exceed 100 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium), $270 for each additional 50 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium) or fraction thereof.
(2)Excess claims fees.—
(A)In general.—In addition to the fee specified in paragraph (1)—
(i)on filing or on presentation at any other time, $220 for each claim in independent form in excess of 3;
(ii)on filing or on presentation at any other time, $52 for each claim (whether dependent or independent) in excess of 20; and
(iii)for each application containing a multiple dependent claim, $390.
(B)Multiple dependent claims.—
For the purpose of computing fees under subparagraph (A), a multiple dependent claim referred to in section 112 or any claim depending therefrom shall be considered as separate dependent claims in accordance with the number of claims to which reference is made.
(C)Refunds; errors in payment.—
The Director may by regulation provide for a refund of any part of the fee specified in subparagraph (A) for any claim that is canceled before an examination on the merits, as prescribed by the Director, has been made of the application under section 131. Errors in payment of the additional fees under this paragraph may be rectified in accordance with regulations prescribed by the Director.
(3)Examination fees.—
(A)In general.—
(i)For examination of each application for an original patent, except for design, plant, provisional, or international applications, $220.
(ii)For examination of each application for an original design patent, $140.
(iii)For examination of each application for an original plant patent, $170.
(iv)For examination of the national stage of each international application, $220.
(v)For examination of each application for the reissue of a patent, $650.

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