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37 CFR 1.445: International application filing, processing and search fees

Taken from the Ninth Edition of the MPEP, Revision 01.2024, Published November 2024

CFR Part Index | Key Word Index
Part 1: Rules of Practice in Patent Cases
Subpart C - International Processing Provisions
Fees

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1.445    International application filing, processing and search fees.

  • (a) The following fees and charges for international applications are established by law or by the director under the authority of 35 U.S.C. 376:
    • (1) A transmittal fee (see 35 U.S.C. 361(d) and PCT Rule 14 ) consisting of:
      • (i) A basic portion:
        • (A) For an international application having a receipt date that is on or after December 29, 2022:

            TABLE 1 TO PARAGRAPH (a)(1)(i)(A)

          • By a micro entity (§ 1.29)......$52.00
          • By a small entity (§ 1.27(a))......104.00
          • By other than a small or micro entity......260.00
        • (B) For an international application having a receipt date that is on or after October 2, 2020 and before December 29, 2022:

            TABLE 2 TO PARAGRAPH (a)(1)(i)(B)

          • By a micro entity (§ 1.29)......$65.00
          • By a small entity (§ 1.27(a))......130.00
          • By other than a small or micro entity......260.00
        • (C) For an international application having a receipt date that is on or after January 1, 2014, and before October 2, 2020:

            TABLE 3 TO PARAGRAPH (a)(1)(i)(C)

          • By a micro entity (§ 1.29)......$60.00
          • By a small entity (§ 1.27(a))......$120.00
          • By other than a small or micro entity......$240.00
        • (D)
          For an international application having a receipt date that is before January 1, 2014......$240.00.
      • (ii) A non-electronic filing fee portion for any international application designating the United States of America that is filed on or after November 15, 2011, other than by the USPTO patent electronic filing system, except for a plant application:

          TABLE 4 TO PARAGRAPH (a)(1)(ii)

        • By a small entity (§ 1.27(a))......$200.00
        • By other than a small entity......400.00
    • (2) A search fee (see 35 U.S.C. 361(d) and PCT Rule 16 ):
      • (i) For an international application having a receipt date that is on or after April 1, 2023:

          TABLE 5 TO PARAGRAPH (a)(2)(i)

        • By a micro entity (§ 1.29)......$436.00
        • By a small entity (§ 1.27(a))......872.00
        • By other than a small or micro entity......2,180.00
      • (ii) For an international application having a receipt date that is on or after October 2, 2020, and before April 1, 2023:

          TABLE 6 TO PARAGRAPH (a)(2)(ii)

        • By a micro entity (§ 1.29)......$545.00
        • By a small entity (§ 1.27(a))......1,090.00
        • By other than a small entity......2,180.00
      • (iii) For an international application having a receipt date that is on or after January 1, 2014, and before October 2, 2020:

          TABLE 7 TO PARAGRAPH (a)(2)(iii)

        • By a micro entity (§ 1.29)......$520.00
        • By a small entity (§ 1.27(a))......1,040.00
        • By other than a small or micro entity......2,080.00
      • (iv)
        For an international application having a receipt date that is before January 1, 2014......$2,080.00.
    • (3) A supplemental search fee when required, per additional invention:
      • (i) For an international application having a receipt date that is on or after April 1, 2023:

          TABLE 8 TO PARAGRAPH (a)(3)(i)

        • By a micro entity (§ 1.29)......$436.00
        • By a small entity (§ 1.27(a))......872.00
        • By other than a small or micro entity......2180.00
      • (ii) For an international application having a receipt date that is on or after October 2, 2020 and before April 1, 2023:

          TABLE 9 TO PARAGRAPH (a)(3)(ii)

        • By a micro entity (§ 1.29)......$545.00
        • By a small entity (§ 1.27(a))......1,090.00
        • By other than a small or micro entity......2,180.00
      • (iii) For an international application having a receipt date that is on or after January 1, 2014, and before October 2, 2020:

          TABLE 10 TO PARAGRAPH (a)(3)(iii)

        • By a micro entity (§ 1.29)......$520.00
        • By a small entity (§ 1.27(a))......$1,040.00
        • By other than a small or micro entity......$2,080.00
      • (iv)
        For an international application having a receipt date that is before January 1, 2014:......$2,080.00.
    • (4) A fee equivalent to the transmittal fee in paragraph (a)(1) of this section that would apply if the USPTO was the Receiving Office for transmittal of an international application to the International Bureau for processing in its capacity as a Receiving Office (PCT Rule 19.4 ).
    • (5) Late furnishing fee for providing a sequence listing in response to an invitation under PCT Rule 13ter:

        TABLE 11 TO PARAGRAPH (a)(5)

      • By a micro entity (§ 1.29)......$64.00
      • By a small entity (§ 1.27(a))......128.00
      • By other than a small or micro entity......320.00
    • (6) Late payment fee pursuant to PCT Rule 16bis.2.
  • (b) The international filing fee shall be as prescribed in PCT Rule 15.
[43 FR 20458, May 11, 1978; para. (a), 47 FR 41272, Sept. 17, 1982, effective Oct. 1, 1982; para. (a)(4) - (6), 50 FR 9384, Mar. 7, 1985, effective May 8, 1985; 50 FR 31826, Aug. 6, 1985, effective Oct. 5, 1985; para. (a) amended 52 FR 20047, May 28, 1987; paras. (a)(2) and (3), 54 FR 6893, Feb. 15, 1989, 54 FR 9432, Mar. 7, 1989, effective Apr. 17, 1989; para. (a), 56 FR 65142, Dec. 13, 1991, effective Dec. 27, 1991; para. (a), 57 FR 38190, Aug. 21, 1992, effective Oct. 1, 1992; para. (a)(4) added, 58 FR 4335, Jan. 14, 1993, effective May 1, 1993; paras. (a)(1)-(3), 59 FR 43736, Aug. 25, 1994, effective Oct. 1, 1994; para. (a)(5) added, 60 FR 21438, May 2, 1995, effective June 1, 1995; para. (a) amended, 60 FR 41018, Aug. 11, 1995, effective Oct. 1, 1995; para. (a) amended, 61 FR 39585, July 30, 1996, effective Oct. 1, 1996; para. (a) amended, 62 FR 40450, July 29, 1997, effective Oct. 1, 1997; para. (a) revised, 63 FR 29614, June 1, 1998, effective July 1,1998 (adopted as final, 63 FR 66040, Dec. 1, 1998); para. (a) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; revised, 68 FR 58991, Oct. 20, 2003, effective Jan. 1, 2004; para. (a)(2) revised, 70 FR 3880, Jan. 27, 2005, effective Dec. 8, 2004; paras. (a)(2) and (a)(3) revised, 72 FR 51559, Sept. 10, 2007, effective Nov. 9, 2007; paras. (a)(1) through (a)(3) revised, 73 FR 67754, Nov. 12, 2008, effective Jan. 12, 2009; para. (a) introductory text and (a)(1) revised, 76 FR 70651, Nov. 15, 2011, effective Nov. 15, 2011; para. (a) introductory text and paras. (a)(1)(i), (a)(2)-(4) and (b) revised, 78 FR 4212, Jan. 18, 2013, effective Mar. 19, 2013; revised 78 FR 17102, Mar. 20, 2013, effective Mar. 20, 2013; para. (a)(5) added, 82 FR 52780, Nov. 14, 2017, effective Jan. 16, 2018; para. (a) revised, 85 FR 46932, Aug. 3, 2020, effective Oct. 2, 2020; para. (a)(6) corrected, 85 FR 58282, Sept. 18, 2020, effective Oct. 2, 2020; para. (a)(1)(ii) revised, 87 FR 68900, Nov. 17, 2022, effective Dec. 19, 2022; paras. (a)(1)-(a)(3) and (a)(5) revised, 88 FR 17147, Mar. 22, 2023, effective Mar. 22, 2023; paras. (a)(1)(I)(C) and (a)(1)(ii) corrected, 88 FR 24912, Apr. 25, 2023]