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Code of Federal Regulations Title 37. Patents, Trademarks, and Copyrights § 37.1.445 International application filing, processing and search fees

Current as of January 02, 2025 | Updated by Findlaw Staff

(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 October 2, 2020:

Table 1 to Paragraph (a)(1)(i)(A)

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

(B) For an international application having a receipt date that is on or after January 1, 2014, and before October 2, 2020:

Table 2 to Paragraph (a)(1)(i)(B)

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

(C) 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 Office electronic filing system, except for a plant application:

Table 3 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 October 2, 2020:

Table 4 to Paragraph (a)(2)(i)

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

(ii) For an international application having a receipt date that is on or after January 1, 2014, and before October 2, 2020:

Table 5 to Paragraph (a)(2)(ii)

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

(iii) 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 October 2, 2020:

Table 6 to Paragraph (a)(3)(i)

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

(ii) 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)(3)(ii)

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

(iii) 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 8 to Paragraph (a)(5)

By a micro entity (§ 1.29)․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$80.00

By a small entity (§ 1.27(a))․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

160.00

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.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 37. Patents, Trademarks, and Copyrights § 37.1.445 International application filing, processing and search fees - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-37-patents-trademarks-and-copyrights/cfr-sect-37-1-445/

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