37 CFR 1.1031: International design application fees

Taken from the Ninth Edition of the MPEP, Revision 07.2022, Published February 2023

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1.1031    International design application fees.

  • (a) International design applications filed through the Office as an office of indirect filing are subject to payment of a transmittal fee (35 U.S.C. 382(b) and Article 4(2)) in the amount of :
    • 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......120.00
  • (b) The Schedule of Fees annexed to the Regulations (Rule 27(1)), a list of individual designation fee amounts, and a fee calculator may be viewed on the Web site of the World Intellectual Property Organization, currently available at http://www.wipo.int/hague.
  • (c) The following fees required by the International Bureau may be paid either directly to the International Bureau or through the Office as an office of indirect filing in the amounts specified on the World Intellectual Property Organization Web site described in paragraph (b) of this section:
    • (1) International application fees (Rule 12(1)); and
    • (2) Fee for descriptions exceeding 100 words (Rule 11(2)).
  • (d) The fees referred to in paragraph (c) of this section may be paid as follows:
    • (1) Directly to the International Bureau in Swiss currency (see Administrative Instruction 801); or
    • (2) Through the Office as an office of indirect filing, provided such fees are paid no later than the date of payment of the transmittal fee required under paragraph (a) of this section. Any payment through the Office must be in U.S. dollars. Applicants paying the fees in paragraph (c) of this section through the Office may be subject to a requirement by the International Bureau to pay additional amounts where the conversion from U.S. dollars to Swiss currency results in the International Bureau receiving less than the prescribed amounts.
  • (e) Payment of the fees referred to in Article 17 and Rule 24 for renewing an international registration ("renewal fees") is not required to maintain a U.S. patent issuing on an international design application in force. Renewal fees, if required, must be submitted directly to the International Bureau. Any renewal fee submitted to the Office will not be transmitted to the International Bureau.
  • (f) The designation fee for the United States shall consist of:
    • (1) A first part established in Swiss currency pursuant to Hague Rule 28 based on the combined amounts of the basic filing fee (§ 1.16(b) ), search fee (§ 1.16(l) ), and examination fee (§ 1.16(p) ) for a design application. The first part is payable at the time of filing the international design application; and
    • (2) A second part (issue fee) as provided in § 1.18(b). The second part is payable within the period specified in a notice of allowance (§ 1.311 ).
[Added, 80 FR 17918, Apr. 2, 2015, effective May 13, 2015; para. (a) revised and para. (f) added, 82 FR 52780, Nov. 14, 2017, effective Jan. 16, 2018]