What is the non-electronic filing fee and when does it apply?
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 non-electronic filing fee is an additional fee charged for patent applications not filed by electronic means. This fee was established by the Leahy-Smith America Invents Act and is codified in 37 CFR 1.16(t).
The MPEP states: Section 10(h) of Public Law 112-29, September 16, 2011 (the Leahy-Smith America Invents Act) provides that an additional fee of $400 ($200 for a small entity) shall be established for each application for an original (i.e., non-reissue) patent, except for a design, plant, or provisional application, not filed by electronic means.
This fee applies to:
- Applications under 35 U.S.C. 111(a) filed on or after November 15, 2011, other than by the USPTO patent electronic filing system.
- International applications filed with the USPTO as receiving Office on or after November 15, 2011, as part of the transmittal fee.