37 CFR § 1.20 — Post-issuance fees. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.20 Post-issuance fees.
This page consolidates MPEP guidance interpreting 37 CFR § 1.20, including 182 rules 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.
Summary
This section outlines the payment of maintenance fees on an original patent post-issuance, emphasizing that filing a reissue application does not alter the schedule of these payments.
What this section covers
- Defines the payment of maintenance fees on an original patent after issuance and how it is handled during reissue proceedings.
Key obligations
- Filing a reissue application does not alter the schedule of payments for maintenance fees on the original patent.
- Practitioners must ensure timely payment of maintenance fees on the original patent, regardless of reissue proceedings.
- Compliance with USC/CFR regulations is required for maintaining the validity of an original patent post-issuance.
Practice notes
- Advise practitioners to monitor the payment schedule for maintenance fees on the original patent, even during reissue proceedings.
- Warn practitioners against assuming that filing a reissue application will automatically extend the payment deadlines for maintenance fees on the original patent.
Official MPEP § 1.20 — Post-issuance fees.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.20 Post-issuance fees.
- (a)
For providing a certificate of correction for applicant’s mistake (§ 1.323):……$160.00
- (b)
Processing fee for correcting inventorship in a patent (§ 1.324):……$160.00
- (c) In reexamination proceedings:
-
- (1)(i) For filing a request for
ex
parte
reexamination (§
1.510(a)
) having:
- (A) 40 or fewer pages;
- (B) Lines that are double-spaced or one-and-a-half spaced;
- (C) Text written in a non-script type font such as Arial, Times New Roman, or Courier;
- (D) A font size no smaller than 12 point;
- (E) Margins that conform to the requirements of § 1.52(a)(1)(ii) ; and
- (F) Sufficient clarity and contrast to permit direct reproduction and electronic capture by use of digital imaging and optical character recognition.
-
By a micro entity (§ 1.29)……$1,260.00
-
By a small entity (§ 1.27(a))……2,520.00
-
By other than a small or micro entity……6,300.00
TABLE 1 TO PARAGRAPH (c)(1)(i)
- (1)(i) For filing a request for
ex
parte
reexamination (§
1.510(a)
) having:
- (ii) The following parts of an
ex parte reexamination request are
excluded from paragraphs (c)(1)(i)(A) through (F) of this
section:
- (A) The copies of every patent or printed publication relied upon in the request pursuant to § 1.510(b)(3) ;
- (B) The copy of the entire patent for which reexamination is requested pursuant to § 1.510(b)(4) ; and
- (C) The certifications required pursuant to § 1.510(b)(5) and (6) .
- (2) For filing a request for
ex
parte
reexamination (§
1.510(b)
) that has sufficient clarity
and contrast to permit direct reproduction and electronic
capture by use of digital imaging and optical character
recognition, and which otherwise does not comply with the
provisions of paragraph (c)(1) of this section:
-
By a micro entity (§ 1.29)……$2,520.00
-
By a small entity (§ 1.27(a))……5,040.00
-
By other than a small or micro entity……12,600.00
TABLE 2 TO PARAGRAPH (c)(2)
-
- (3) For filing with a request for
reexamination or later presentation at any other time of each
claim in independent form in excess of three and also in
excess of the number of claims in independent form in the
patent under reexamination:
-
By a micro entity (§ 1.29)……$96.00
-
By a small entity (§ 1.27(a))……192.00
-
By other than a small or micro entity ……480.00
TABLE 3 TO PARAGRAPH (c)(3)
-
- (4) For filing with a request for reexamination
or later presentation at any other time of each claim
(whether dependent or independent) in excess of 20 and also
in excess of the number of claims in the patent under
reexamination (note that §
1.75(c)
indicates how multiple
dependent claims are considered for fee calculation
purposes):
-
By a micro entity (§ 1.29)……$20.00
-
By a small entity (§ 1.27(a))……40.00
-
By other than a small or micro entity……100.00
TABLE 4 TO PARAGRAPH (c)(4)
-
- (5) If the excess claims fees required by paragraphs (c)(3) and (4) of this section are not paid with the request for reexamination or on later presentation of the claims for which the excess claims fees are due, the fees required by paragraphs (c)(3) and (4) must be paid or the claims canceled by amendment prior to the expiration of the time period set for reply by the Office in any notice of fee deficiency in order to avoid abandonment.
- (6) For filing a petition in a
reexamination proceeding, except for those specifically
enumerated in §§
1.550(i)
and
1.937(d)
:
-
By a micro entity (§ 1.29)……$408.00
-
By a small entity (§ 1.27(a))……816.00
-
By other than a small or micro entity……2,040.00
TABLE 5 TO PARAGRAPH (c)(6)
-
- (7) For a refused request for
ex parte reexamination under §
1.510
(included in the request for
ex parte
reexamination fee at §
1.20(c)(1)
or
(2)
):
-
By a micro entity (§ 1.29)……$756.00
-
By a small entity (§ 1.27(a))……1,512.00
-
By other than a small or micro entity……3,780.00
TABLE 6 TO PARAGRAPH (c)(7)
-
-
- (d)
For filing each statutory disclaimer (§ 1.321):……$170.00
- (e) For maintaining an original or any reissue patent,
except a design or plant patent, based on an application filed on
or after December 12, 1980, in force beyond four years, the fee
being due by three years and six months after the original
grant:
-
By a micro entity (§ 1.29)……$400.00
-
By a small entity (§ 1.27(a))……800.00
-
By other than a small or micro entity……2,000.00
TABLE 7 TO PARAGRAPH (e)
-
- (f) For maintaining an original or any reissue patent,
except a design or plant patent, based on an application filed on
or after December 12, 1980, in force beyond eight years, the fee
being due by seven years and six months after the original
grant:
-
By a micro entity (§ 1.29)……$752.00
-
By a small entity (§ 1.27(a))……1,504.00
-
By other than a small or micro entity……3,760.00
TABLE 8 TO PARAGRAPH (f)
-
- (g) For maintaining an original or any reissue patent,
except a design or plant patent, based on an application filed on
or after December 12, 1980, in force beyond twelve years, the fee
being due by eleven years and six months after the original
grant:
-
By a micro entity (§ 1.29)……$1,540.00
-
By a small entity (§ 1.27(a))……3,080.00
-
By other than a small or micro entity……7,700.00
TABLE 9 TO PARAGRAPH (g)
-
- (h) Surcharge for paying a maintenance fee during the
six-month grace period following the expiration of three years and
six months, seven years and six months, and eleven years and six
months after the date of the original grant of a patent based on an
application filed on or after December 12, 1980:
-
By a micro entity (§ 1.29)……$100.00
-
By a small entity (§ 1.27(a))……200.00
-
By other than a small or micro entity……500.00
TABLE 10 TO PARAGRAPH (h)
-
- (i) [Reserved]
- (j) For filing an application for extension of the
term of a patent:
- (1)
Application for extension under § 1.740……$1,180.00
- (2)
Initial application for interim extension under § 1.790……440.00
- (3)
Subsequent application for interim extension under § 1.790……230.00
TABLE 11 TO PARAGRAPH (j)
- (1)
- (k) In supplemental examination
proceedings:
- (1) For processing and treating a
request for supplemental examination:
-
By a micro entity (§ 1.29)……$924.00
-
By a small entity (§ 1.27(a))……1,848.00
-
By other than a small or micro entity……4,620.00
TABLE 12 TO PARAGRAPH (k)(1)
-
- (2) For
ex parte
reexamination ordered as a result of a supplemental
examination proceeding:
-
By a micro entity (§ 1.29)……$2,540.00
-
By a small entity (§ 1.27(a))……5,080.00
-
By other than a small or micro entity……12,700.00
TABLE 13 TO PARAGRAPH (k)(2)
-
- (3) For processing and treating, in a
supplemental examination proceeding, a non-patent document
over 20 sheets in length, per document:
- (i) Between 21 and 50
sheets:
-
By a micro entity (§ 1.29)……$36.00
-
By a small entity (§ 1.27(a))……72.00
-
By other than a small or micro entity……180.00
TABLE 14 TO PARAGRAPH (k)(3)(i)
-
- (ii) For each additional 50
sheets or a fraction thereof:
-
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……300.00
TABLE 15 TO PARAGRAPH (k)(3)(ii)
-
- (i) Between 21 and 50
sheets:
- (1) For processing and treating a
request for supplemental examination:
[Added 47 FR 41272, Sept. 17, 1982, effective date Oct. 1, 1982; paras. (k), (l) and (m) added, 49 FR 34724, Aug. 31, 1984, effective date Nov. 1, 1984; paras. (c), (f), (g) and (m), 50 FR 9379, Mar. 7, 1985, effective date May 8, 1985; 50 FR 31825, Aug. 6, 1985, effective date Oct. 5, 1985; 51 FR 28057, Aug. 4, 1986; 52 FR 9394, Mar. 24, 1987; paras. (a)-(n), 54 FR 6893, Feb. 15, 1989, 54 FR 8053, Feb. 24, 1989, effective Apr. 17, 1989; revised 56 FR 65142, Dec. 13, 1991, effective Dec. 16, 1991; paras. (a), (c), (e)-(g) and (i), 57 FR 38190, Aug. 21, 1992, effective Oct. 1, 1992; para. (i), 58 FR 44277, Aug. 20, 1993, effective Sept. 20, 1993; paras. (c), (e)-(g), (i)(1) and (j), 59 FR 43736, Aug. 25, 1994, effective Oct. 1, 1994; para. (j) revised, 60 FR 25615, May 12, 1995, effective July 11, 1995; paras. (c), (e)-(g), (i)(2), & (j)(1) amended, 60 FR 41018, Aug. 11, 1995, effective Oct. 1, 1995; paras. (a), (e) -(g), (i)(1), (i)(2), and (j)(1)-(j)(3) amended, 61 FR 39585, July 30, 1996, effective Oct. 1, 1996; paras. (c), (e) – (g), (i)(1), (i)(2), and (j)(1)-(j)(3) amended, 62 FR 40450, July 29, 1997, effective Oct. 1, 1997; paras. (d)-(g) revised, 63 FR 67578, Dec. 8, 1998, effective Nov. 10, 1998; para. (e) revised, 64 FR 67774, Dec. 3, 1999, effective Dec. 29, 1999; paras. (e)-(g) revised, 65 FR 49193, Aug. 11, 2000, effective Oct. 1, 2000; paras. (b) and (d)-(h) revised, 65 FR 78958, Dec. 18, 2000; para. (b) corrected, 65 FR 80755, Dec. 22, 2000; para. (c) revised, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001; paras. (e)-(g) revised, 66 FR 39447, July 31, 2001, effective Oct. 1, 2001; paras. (e)-(g) revised, 67 FR 70847, Nov. 27, 2002, effective Jan. 1, 2003; para. (i) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; paras. (e)-(g) revised, 68 FR 41532, July 14, 2003, effective Oct. 1, 2003; paras. (e)-(g) revised, 69 FR 52604, Aug. 27, 2004, effective Oct. 1, 2004; paras. (c)-(g) revised, 70 FR 3880, Jan. 27, 2005, effective Dec. 8, 2004; paras. (c)(3), (c)(4), and (e)-(g) revised, 72 FR 46899, Aug. 22, 2007, effective Sept. 30, 2007; paras. (c)(3),(c)(4), and (d)-(g) revised, 73 FR 47534, Aug. 14, 2008, effective Oct. 2, 2008; para. (c)(1) revised and paras. (c)(6), (c)(7), and (k) added, 77 FR 48828, Aug. 14, 2012, effective Sept. 16, 2012; paras. (c)(3), (c)(4), and (d)-(g) revised, 77 FR 54360, Sept. 5, 2012, effective Oct. 5, 2012; revised, 78 FR 4212, Jan. 18, 2013, effective Mar. 19, 2013; revised 78 FR 17102, Mar. 20, 2013, effective Mar. 20, 2013; para. (i) removed and reserved, 78 FR 62368, Oct. 21, 2013, effective Dec. 18, 2013; paras. (a)-(c) and (e)-(g) revised, 82 FR 52780, Nov. 14, 2017, effective Jan. 16, 2018; revised, 85 FR 46932, Aug. 3, 2020, effective Oct. 2, 2020; paras. (c)(1)(i)(A)-(F), (c)(1)(ii)(A)-(C), and (c)(7) corrected, 85 FR 58282, Sept. 18, 2020, effective Oct. 2, 2020; revised tables in paras. (c)(1)(i), (c)(2) through (4), (c)(6) and (7), (e) through (h), (k)(1) and (2), and (k)(3)(i) and (ii), 88 FR 17147, Mar. 22, 2023, effective Mar. 22, 2023]
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