How is the amount of the preliminary examination fee determined?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The amount of the preliminary examination fee is determined based on several factors:

1. It is for the benefit of the International Preliminary Examining Authority (e.g., USPTO).
2. The amount is specified in 37 CFR 1.482.
3. The fee may be higher if the international search was performed by an authority other than the USPTO.

As stated in the MPEP: “The preliminary examination fee is for the benefit of the International Preliminary Examining Authority and the amount for the USPTO doing the preliminary examination is specified in 37 CFR 1.482. The fee is somewhat higher if the international search was performed by an authority other than the USPTO.“

The current amount of the preliminary examination fee can be found in each weekly issue of the Official Gazette.