How does the fee structure work for extensions of time under 37 CFR 1.136(a)?
The fee structure for extensions of time under 37 CFR 1.136(a) is cumulative. The MPEP explains:
The fees for extensions of time under 37 CFR 1.136(a) are set forth in 37 CFR 1.17(a) and are subject to a 50% reduction for persons or concerns qualifying as small entities. The fees itemized at 37 CFR 1.17(a) are cumulative.
This means that if you’ve already paid for a 1-month extension and need an additional month, you would pay the difference between the 2-month fee and the 1-month fee you’ve already paid. The MPEP provides an example:
Thus, if an applicant has paid an extension fee in the amount set forth in 37 CFR 1.17(a)(l) for a 1-month extension of time and thereafter decides that an additional 1 month is needed, the proper fee would be the amount set forth in 37 CFR 1.17(a)(2) less the amount set forth in 37 CFR 1.17(a)(l) which was previously paid.
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