37 CFR § 1.482 — International preliminary examination and (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.482 International preliminary examination and
This page consolidates MPEP guidance interpreting 37 CFR § 1.482, including 16 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 provides guidance on the current amount of preliminary examination fees and handling fees for international patent applications, found in each weekly issue of the Official Gazette. It ensures timely payment to avoid delays and compliance with regulations.
What this section covers
- This section covers the current amount of preliminary examination fees and handling fees for international patent applications.
Key obligations
- Pay the correct amount of fees as specified in each weekly issue of the Official Gazette to avoid delays.
- Ensure timely payment to comply with regulations and avoid underpayment or overpayment.
- Follow the authority provided by 37 CFR 1.482 to ensure all fees are paid correctly.
Practice notes
- Keep track of the weekly Official Gazette issues to ensure timely payment and avoid delays.
- Avoid underpayment or overpayment of fees to ensure compliance with the regulations.
Official MPEP § 1.482 — International preliminary examination and
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.482 International preliminary examination and processing fees.
- (a) The following fees and charges for international
preliminary examination are established by the director under the
authority of
35 U.S.C.
376
:
- (1) The following preliminary examination fee is
due on filing the demand:
- (i) If an international search fee as set
forth in §
1.445(a)(2)
has been paid on the
international application to the United States Patent
and Trademark Office as an International Searching
Authority:
-
By a micro entity (§ 1.29)……$128.00
-
By a small entity (§ 1.27(a))……256.00
-
By other than a small or micro entity……640.00
TABLE 1 TO PARAGRAPH (a)(1)(i)
-
- (ii) If the International Searching
Authority for the international application was an
authority other than the United States Patent and
Trademark Office:
-
By a micro entity (§ 1.29)……$160.00
-
By a small entity (§ 1.27(a))……320.00
-
By other than a small or micro entity……800.00
TABLE 2 TO PARAGRAPH (a)(1)(ii)
-
- (i) If an international search fee as set
forth in §
1.445(a)(2)
has been paid on the
international application to the United States Patent
and Trademark Office as an International Searching
Authority:
- (2) An additional preliminary examination fee
when required, per additional invention:
-
By a micro entity (§ 1.29)……$128.00
-
By a small entity (§ 1.27(a))……256.00
-
By other than a small or micro entity……640.00
TABLE 3 TO PARAGRAPH (a)(2)
-
- (1) The following preliminary examination fee is
due on filing the demand:
- (b) The handling fee is due on filing the demand and shall be as prescribed in PCT Rule 57 .
- (c) Late furnishing fee for providing a
sequence listing in response to an invitation under
PCT Rule
13ter
:
-
By a micro entity (§ 1.29)……$64.00
-
By a small entity (§ 1.27(a))……128.00
-
By other than a small or micro entity……320.00
TABLE 4 TO PARAGRAPH (c)
-
[52 FR 20048, May 28, 1987; para. (a), 54 FR 6893, Feb. 15, 1989, effective Apr. 17, 1989; para. (a), 56 FR 65142, Dec. 13, 1991, effective Dec. 27, 1991; paras. (a)(1) and (a)(2)(ii), 57 FR 38190, Aug. 21, 1992, effective Oct. 1, 1992; paras. (a)(2)(i) and (b) amended, 58 FR 4335, Jan. 14, 1993, effective May 1, 1993; paras. (a)(1) and (a)(2)(ii), 59 FR 43736, Aug. 25, 1994, effective Oct. 1, 1994; paras. (a)(1)(i), (a)(1)(ii), & (a)(2)(ii) amended, 60 FR 41018, Aug. 11, 1995, effective Oct. 1, 1995; paras. (a)(1)(i), (a)(1)(ii), and (a)(2)(ii) amended, 61 FR 39585, July 30, 1996, effective Oct. 1, 1996; paras. (a)(1)(i), (a)(1)(ii), and (a)(2)(ii) amended, 62 FR 40450, July 29, 1997, effective Oct. 1, 1997; para. (a) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; revised, 68 FR 58991, Oct. 20, 2003, effective Jan. 1, 2004; revised, 78 FR 4212, Jan. 18, 2013, effective Mar. 19, 2013; revised 78 FR 17102, Mar. 20, 2013, effective Mar. 20, 2013; section heading revised and para. (c) added, 82 FR 52780, Nov. 14, 2017, effective Jan. 16, 2018; revised, 85 FR 46932, Aug. 3, 2020, effective Oct. 2, 2020; tables in paras. (a)(1)(i) and (ii), (a)(2) and (c) revised, 88 FR 17147, Mar. 22, 2023, effective Mar. 22, 2023]
- Entity Status
- Micro Entity
- Small Entity
- Ex Parte Reexamination
- Reexamination Request
- Fees
- International Design
- Ida Examination
- Maintenance Fee Payment
- Patent Issuance
- Issue Fee
-
- Pct Fees
- Pct Filing
- Pct International Preliminary Examination
| MPEP Section | Rules |
|---|---|
| MPEP § 1827.01 | |
| MPEP § 1864 | |
| MPEP § 1867 | |
| MPEP § 509.02 | |
| MPEP § 509.04 |