MPEP § 1867 — Preliminary Examination Fees (Annotated Rules)

§1867 Preliminary Examination Fees

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 1867, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Preliminary Examination Fees

This section addresses Preliminary Examination Fees. Primary authority: 37 CFR 1.481, 37 CFR 1.482, and 37 CFR 1.481(a). Contains: 3 requirements, 2 prohibitions, 1 permission, and 8 other statements.

Key Rules

Topic

National Stage Fees

10 rules
StatutoryRequiredAlways
[mpep-1867-1274e57f4c4a460544a6677f]
Payment of Preliminary Examination Fees Required Within Time Period
Note:
Applicants must pay the handling and preliminary examination fees within the time period set by PCT Rule 57.3, or face notification and potential late payment penalties.
(a) The handling and preliminary examination fees shall be paid within the time period set in PCT Rule 57.3. The handling fee or preliminary examination fee payable is the handling fee or preliminary examination fee in effect on the date of payment.
  • (1) If the handling and preliminary fees are not paid within the time period set in PCT Rule 57.3, applicant will be notified and given one month within which to pay the deficient fees plus a late payment fee equal to the greater of:
    • (i) Fifty percent of the amount of the deficient fees, but not exceeding an amount equal to double the handling fee; or
    • (ii) An amount equal to the handling fee (PCT Rule 58bis.2).
  • (2) The one-month time limit set in this paragraph to pay deficient fees may not be extended.
Jump to MPEP Source · 37 CFR 1.481National Stage FeesArticle 34 AmendmentsFiling, Search & Examination Fees
StatutoryProhibitedAlways
[mpep-1867-4cf036f139a8d29c2c35a745]
One-Month Time Limit for Deficient Fees Cannot Be Extended
Note:
The one-month time limit to pay deficient fees cannot be extended, as set in the paragraph.

(a) The handling and preliminary examination fees shall be paid within the time period set in PCT Rule 57.3. The handling fee or preliminary examination fee payable is the handling fee or preliminary examination fee in effect on the date of payment.

(2) The one-month time limit set in this paragraph to pay deficient fees may not be extended.

Jump to MPEP Source · 37 CFR 1.481National Stage FeesArticle 34 AmendmentsFiling, Search & Examination Fees
StatutoryPermittedAlways
[mpep-1867-573c91e5e02e54fb538c85a5]
Preliminary Examination and Handling Fees Must Be Paid Weekly
Note:
The current amounts for both preliminary examination fees and handling fees are found in each weekly issue of the Official Gazette.

The current amount of both the preliminary examination fee and the handling fee can be found in each weekly issue of the Official Gazette. Since supplements to the handling fee were deleted, no additional Chapter II fees are required other than any additional preliminary examination fee where additional inventions are determined to be present. The amount of this fee is also specified in 37 CFR 1.482 and in the weekly issues of the Official Gazette. See also PCT Rules 57 and 58.

Jump to MPEP Source · 37 CFR 1.482National Stage FeesArticle 34 AmendmentsFiling, Search & Examination Fees
StatutoryRequiredAlways
[mpep-1867-56b8bc3253598fbd17b43b51]
Additional Chapter II Fees Not Required
Note:
No additional Chapter II fees are required beyond any extra preliminary examination fee when additional inventions are found.

The current amount of both the preliminary examination fee and the handling fee can be found in each weekly issue of the Official Gazette. Since supplements to the handling fee were deleted, no additional Chapter II fees are required other than any additional preliminary examination fee where additional inventions are determined to be present. The amount of this fee is also specified in 37 CFR 1.482 and in the weekly issues of the Official Gazette. See also PCT Rules 57 and 58.

Jump to MPEP Source · 37 CFR 1.482National Stage FeesArticle 34 AmendmentsDemand for Preliminary Examination
StatutoryInformativeAlways
[mpep-1867-d6d419c757be7e451214931a]
Time Limit for Paying Preliminary Examination and Handling Fees
Note:
The rule specifies the time limit for paying the preliminary examination fee and handling fee as outlined in PCT Rules 57.3 and 58.1(b).

The time limit for paying the preliminary examination fee and the handling fee is set forth in PCT Rules 57.3 and 58.1(b). 37 CFR 1.481(a) provides that the preliminary examination fee or handling fee payable is the preliminary examination fee or handling fee in effect on the date of payment. The preliminary examination fee and handling fee are considered to have been received before the expiration of the time limit set in PCT Rule 57.3 if the fees were submitted prior to the sending of an invitation to pay the fees. See PCT Rule 58bis.1(c).

Jump to MPEP Source · 37 CFR 1.481(a)National Stage FeesArticle 34 AmendmentsFiling, Search & Examination Fees
StatutoryInformativeAlways
[mpep-1867-2907099a95aaa67353175dec]
Preliminary Examination Fee Is Current On Payment Date
Note:
The fee payable is the current amount on the date of payment for preliminary examination.

The time limit for paying the preliminary examination fee and the handling fee is set forth in PCT Rules 57.3 and 58.1(b). 37 CFR 1.481(a) provides that the preliminary examination fee or handling fee payable is the preliminary examination fee or handling fee in effect on the date of payment. The preliminary examination fee and handling fee are considered to have been received before the expiration of the time limit set in PCT Rule 57.3 if the fees were submitted prior to the sending of an invitation to pay the fees. See PCT Rule 58bis.1(c).

Jump to MPEP Source · 37 CFR 1.481(a)National Stage FeesArticle 34 AmendmentsFiling, Search & Examination Fees
StatutoryInformativeAlways
[mpep-1867-69300cca026cbdf709456591]
Preliminary Examination Fee Received Before Invitation
Note:
If the fees are submitted before an invitation to pay is sent, they are considered received within the time limit.

The time limit for paying the preliminary examination fee and the handling fee is set forth in PCT Rules 57.3 and 58.1(b). 37 CFR 1.481(a) provides that the preliminary examination fee or handling fee payable is the preliminary examination fee or handling fee in effect on the date of payment. The preliminary examination fee and handling fee are considered to have been received before the expiration of the time limit set in PCT Rule 57.3 if the fees were submitted prior to the sending of an invitation to pay the fees. See PCT Rule 58bis.1(c).

Jump to MPEP Source · 37 CFR 1.481(a)National Stage FeesArticle 34 AmendmentsFiling, Search & Examination Fees
StatutoryInformativeAlways
[mpep-1867-1ed22b29c75789457a8274c7]
Deficient Fees Plus Late Payment Fee Required Within One Month
Note:
Applicants must pay deficient fees plus a late payment fee within one month of notification, which is the greater of 50% of deficient fees or double the handling fee.

PCT Rule 58bis.1(a) permits the International Preliminary Examining Authority to collect a late payment fee set forth in PCT Rule 58 bis.2 if the fees for preliminary examination are not paid prior to the sending of the invitation to pay the fees. If the preliminary examination fee and handling fee are not paid within the time set in PCT Rule 57.3, applicants will be notified and given 1 month within which to pay the deficient fees plus a late payment fee equal to the greater of: (1) 50% of the amount of the deficient fees, but not exceeding an amount equal to double the handling fee; or (2) an amount equal to the handling fee. See 37 CFR 1.481(a)(1)(i) and (ii). The 1 month time limit set forth in 37 CFR 1.481(a)(1) to pay deficient fees may not be extended. See 37 CFR 1.481(a)(2).

Jump to MPEP Source · 37 CFR 1.481(a)(1)(i)National Stage FeesArticle 34 AmendmentsFiling, Search & Examination Fees
StatutoryProhibitedAlways
[mpep-1867-878359cb852d416366b1069b]
1 Month Time Limit for Paying Deficient Fees Cannot Be Extended
Note:
The rule states that the 1 month time limit to pay deficient fees, as set forth in 37 CFR 1.481(a)(1), cannot be extended.

PCT Rule 58bis.1(a) permits the International Preliminary Examining Authority to collect a late payment fee set forth in PCT Rule 58 bis.2 if the fees for preliminary examination are not paid prior to the sending of the invitation to pay the fees. If the preliminary examination fee and handling fee are not paid within the time set in PCT Rule 57.3, applicants will be notified and given 1 month within which to pay the deficient fees plus a late payment fee equal to the greater of: (1) 50% of the amount of the deficient fees, but not exceeding an amount equal to double the handling fee; or (2) an amount equal to the handling fee. See 37 CFR 1.481(a)(1)(i) and (ii). The 1 month time limit set forth in 37 CFR 1.481(a)(1) to pay deficient fees may not be extended. See 37 CFR 1.481(a)(2).

Jump to MPEP Source · 37 CFR 1.481(a)(1)(i)National Stage FeesArticle 34 AmendmentsInternational Preliminary Examining Authority (IPEA)
StatutoryInformativeAlways
[mpep-1867-60a55e15ed8e836f2ec7ad6d]
Demand Considered Not Submitted If Fees Late
Note:
If the preliminary examination fee and handling fee are not paid on time, the demand will be deemed not submitted by the United States International Preliminary Examining Authority.

If the payment needed to cover the preliminary examination fee and handling fee is not timely made in accordance with PCT Rule 58 bis.1(d), the United States International Preliminary Examining Authority will declare the Demand to be considered as if it had not been submitted. In this regard, where the Authority sends a notification that the Demand is considered not to have been made and applicant’s payment is received on the same date the notification is sent, the fee is considered to be late and the notification remains effective. The fee must antedate the notice in order for the notice not to be effective. See 37 CFR 1.481(b).

Jump to MPEP Source · 37 CFR 1.481(b)National Stage FeesArticle 34 AmendmentsDemand for Preliminary Examination
Topic

Article 34 Amendments

3 rules
StatutoryInformativeAlways
[mpep-1867-e32c35f5b7a01d07f304cadf]
Demand Considered Unsubmitted If Fees Not Paid Timely
Note:
If the required handling and preliminary examination fees are not paid on time, the United States International Preliminary Examination Authority will declare the demand as if it had not been submitted.

(b) If the payment needed to cover the handling and preliminary examination fees, pursuant to paragraph (a) of this section, is not timely made in accordance with PCT Rule 58bis.1(d), the United States International Preliminary Examination Authority will declare the Demand to be considered as if it had not been submitted.

Jump to MPEP Source · 37 CFR 1.481Article 34 AmendmentsDemand for Preliminary ExaminationInternational Preliminary Examination (Chapter II)
StatutoryInformativeAlways
[mpep-1867-1b05674b95f03b5172dda641]
Late Payment Fee for Preliminary Examination Fees
Note:
The International Preliminary Examining Authority can collect a late payment fee if the preliminary examination fees are not paid before receiving an invitation to pay them.

PCT Rule 58bis.1(a) permits the International Preliminary Examining Authority to collect a late payment fee set forth in PCT Rule 58 bis.2 if the fees for preliminary examination are not paid prior to the sending of the invitation to pay the fees. If the preliminary examination fee and handling fee are not paid within the time set in PCT Rule 57.3, applicants will be notified and given 1 month within which to pay the deficient fees plus a late payment fee equal to the greater of: (1) 50% of the amount of the deficient fees, but not exceeding an amount equal to double the handling fee; or (2) an amount equal to the handling fee. See 37 CFR 1.481(a)(1)(i) and (ii). The 1 month time limit set forth in 37 CFR 1.481(a)(1) to pay deficient fees may not be extended. See 37 CFR 1.481(a)(2).

Jump to MPEP Source · 37 CFR 1.481(a)(1)(i)Article 34 AmendmentsInternational Preliminary Examining Authority (IPEA)Maintenance Fee Amounts
StatutoryInformativeAlways
[mpep-1867-0076530cc85dfaec64d7fba3]
Notification Remains Effective If Payment Received on Same Day
Note:
If the Authority sends a notification that the Demand is not considered made and the applicant’s payment is received on the same day, the fee is deemed late but the notification remains effective.

If the payment needed to cover the preliminary examination fee and handling fee is not timely made in accordance with PCT Rule 58 bis.1(d), the United States International Preliminary Examining Authority will declare the Demand to be considered as if it had not been submitted. In this regard, where the Authority sends a notification that the Demand is considered not to have been made and applicant’s payment is received on the same date the notification is sent, the fee is considered to be late and the notification remains effective. The fee must antedate the notice in order for the notice not to be effective. See 37 CFR 1.481(b).

Jump to MPEP Source · 37 CFR 1.481(b)Article 34 AmendmentsDemand for Preliminary ExaminationMaintenance Fee Amounts
Topic

Maintenance Fee Amounts

3 rules
StatutoryInformativeAlways
[mpep-1867-1a9c8323d3f40f85792fa840]
Higher Fee for Non-USPTO Searches
Note:
A higher fee is required when an international search is performed by an authority other than the USPTO.

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.

Jump to MPEP Source · 37 CFR 1.482Maintenance Fee AmountsFee RequirementsMaintenance Fee Payment
StatutoryInformativeAlways
[mpep-1867-89ebf18fa4649deb3b70a617]
Fee Amounts Specified in Official Gazette and CFR
Note:
The fee amounts for preliminary examination are specified in the weekly issues of the Official Gazette and 37 CFR 1.482, with no additional Chapter II fees required beyond any additional preliminary examination fee for extra inventions.

The current amount of both the preliminary examination fee and the handling fee can be found in each weekly issue of the Official Gazette. Since supplements to the handling fee were deleted, no additional Chapter II fees are required other than any additional preliminary examination fee where additional inventions are determined to be present. The amount of this fee is also specified in 37 CFR 1.482 and in the weekly issues of the Official Gazette. See also PCT Rules 57 and 58.

Jump to MPEP Source · 37 CFR 1.482Maintenance Fee AmountsPCT FeesFee Requirements
StatutoryRequiredAlways
[mpep-1867-8b159b60b12dbba9dab608e8]
Fee Must Precede Notice for Validity
Note:
The fee must be paid before the notice is sent to avoid the notice being effective.

If the payment needed to cover the preliminary examination fee and handling fee is not timely made in accordance with PCT Rule 58 bis.1(d), the United States International Preliminary Examining Authority will declare the Demand to be considered as if it had not been submitted. In this regard, where the Authority sends a notification that the Demand is considered not to have been made and applicant’s payment is received on the same date the notification is sent, the fee is considered to be late and the notification remains effective. The fee must antedate the notice in order for the notice not to be effective. See 37 CFR 1.481(b).

Jump to MPEP Source · 37 CFR 1.481(b)Maintenance Fee AmountsPCT FeesFee Requirements
Topic

Filing, Search & Examination Fees

1 rules
StatutoryInformativeAlways
[mpep-1867-716d120fcec009c43fa37306]
Fee for International Preliminary Examining Authority
Note:
The fee covers the International Preliminary Examining Authority and is specified in 37 CFR 1.482, with a higher amount if the international search was not performed by the USPTO.

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.

Jump to MPEP Source · 37 CFR 1.482Filing, Search & Examination FeesMaintenance Fee AmountsFee Requirements
Topic

Patent Cooperation Treaty

1 rules
StatutoryInformativeAlways
[mpep-1867-ce18232a1ca0ec646e9caa74]
Preliminary Examination Fee Must Be Paid Before Expiration of Time Limit
Note:
The preliminary examination fee must be paid before the expiration of the time limit set in PCT Rule 57.3, unless submitted prior to receiving an invitation to pay the fees.

The time limit for paying the preliminary examination fee and the handling fee is set forth in PCT Rules 57.3 and 58.1(b). 37 CFR 1.481(a) provides that the preliminary examination fee or handling fee payable is the preliminary examination fee or handling fee in effect on the date of payment. The preliminary examination fee and handling fee are considered to have been received before the expiration of the time limit set in PCT Rule 57.3 if the fees were submitted prior to the sending of an invitation to pay the fees. See PCT Rule 58bis.1(c).

Jump to MPEP Source · 37 CFR 1.481(a)Patent Cooperation TreatyNational Stage FeesArticle 34 Amendments

Citations

Primary topicCitation
National Stage Fees
Patent Cooperation Treaty
37 CFR § 1.481(a)
Article 34 Amendments
National Stage Fees
37 CFR § 1.481(a)(1)
Article 34 Amendments
National Stage Fees
37 CFR § 1.481(a)(1)(i)
Article 34 Amendments
National Stage Fees
37 CFR § 1.481(a)(2)
Article 34 Amendments
Maintenance Fee Amounts
National Stage Fees
37 CFR § 1.481(b)
Filing, Search & Examination Fees
Maintenance Fee Amounts
National Stage Fees
37 CFR § 1.482
Article 34 Amendments
Maintenance Fee Amounts
National Stage Fees
Patent Cooperation Treaty
PCT Rule 57.3
Article 34 Amendments
Maintenance Fee Amounts
National Stage Fees
PCT Rule 58
Article 34 Amendments
National Stage Fees
Patent Cooperation Treaty
PCT Rule 58bis.1(a)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31