37 CFR § 1.445 — International application filing, processing and (MPEP Index) – BlueIron IP
37 CFR § 1.445 International application filing, processing and
This page consolidates MPEP guidance interpreting 37 CFR § 1.445, including 50 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.
Official MPEP § 1.445 — International application filing, processing and
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.445 International application filing, processing and search fees.
- (a) The following fees and charges for international
applications are established by law or by the director under the
authority of
35 U.S.C.
376
:
- (1) A transmittal fee (
see
35 U.S.C.
361(d)
and
PCT Rule
14
) consisting of:
- (i) A basic portion:
- (A) For an international
application having a receipt date that is on or
after December 29, 2022:
-
By a micro entity (§ 1.29)……$52.00
-
By a small entity (§ 1.27(a))……104.00
-
By other than a small or micro entity……260.00
TABLE 1 TO PARAGRAPH (a)(1)(i)(A)
-
- (B) For an international
application having a receipt date that is on or
after October 2, 2020 and before December 29,
2022:
-
By a micro entity (§ 1.29)……$65.00
-
By a small entity (§ 1.27(a))……130.00
-
By other than a small or micro entity……260.00
TABLE 2 TO PARAGRAPH (a)(1)(i)(B)
-
- (C) For an international
application having a receipt date that is on or
after January 1, 2014, and before October 2,
2020:
-
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……$240.00
TABLE 3 TO PARAGRAPH (a)(1)(i)(C)
-
- (D)
For an international application having a receipt date that is before January 1, 2014……$240.00.
- (A) For an international
application having a receipt date that is on or
after December 29, 2022:
- (ii) A non-electronic filing fee
portion for any international application designating
the United States of America that is filed on or after
November 15, 2011, other than by the USPTO patent
electronic filing system, except for a plant
application:
-
By a small entity (§ 1.27(a))……$200.00
-
By other than a small entity……400.00
TABLE 4 TO PARAGRAPH (a)(1)(ii)
-
- (i) A basic portion:
- (2) A search fee (
see
35 U.S.C.
361(d)
and
PCT Rule
16
):
- (i) For an international
application having a receipt date that is on or after
April 1, 2023:
-
By a micro entity (§ 1.29)……$436.00
-
By a small entity (§ 1.27(a))……872.00
-
By other than a small or micro entity……2,180.00
TABLE 5 TO PARAGRAPH (a)(2)(i)
-
- (ii) For an international
application having a receipt date that is on or after
October 2, 2020, and before April 1, 2023:
-
By a micro entity (§ 1.29)……$545.00
-
By a small entity (§ 1.27(a))……1,090.00
-
By other than a small entity……2,180.00
TABLE 6 TO PARAGRAPH (a)(2)(ii)
-
- (iii) For an international
application having a receipt date that is on or after
January 1, 2014, and before October 2, 2020:
-
By a micro entity (§ 1.29)……$520.00
-
By a small entity (§ 1.27(a))……1,040.00
-
By other than a small or micro entity……2,080.00
TABLE 7 TO PARAGRAPH (a)(2)(iii)
-
- (iv)
For an international application having a receipt date that is before January 1, 2014……$2,080.00.
- (i) For an international
application having a receipt date that is on or after
April 1, 2023:
- (3) A supplemental search fee when required, per
additional invention:
- (i) For an international
application having a receipt date that is on or after
April 1, 2023:
-
By a micro entity (§ 1.29)……$436.00
-
By a small entity (§ 1.27(a))……872.00
-
By other than a small or micro entity……2180.00
TABLE 8 TO PARAGRAPH (a)(3)(i)
-
- (ii) For an international
application having a receipt date that is on or after
October 2, 2020 and before April 1, 2023:
-
By a micro entity (§ 1.29)……$545.00
-
By a small entity (§ 1.27(a))……1,090.00
-
By other than a small or micro entity……2,180.00
TABLE 9 TO PARAGRAPH (a)(3)(ii)
-
- (iii) For an international
application having a receipt date that is on or after
January 1, 2014, and before October 2, 2020:
-
By a micro entity (§ 1.29)……$520.00
-
By a small entity (§ 1.27(a))……$1,040.00
-
By other than a small or micro entity……$2,080.00
TABLE 10 TO PARAGRAPH (a)(3)(iii)
-
- (iv)
For an international application having a receipt date that is before January 1, 2014:……$2,080.00.
- (i) For an international
application having a receipt date that is on or after
April 1, 2023:
- (4) A fee equivalent to the transmittal fee in paragraph (a)(1) of this section that would apply if the USPTO was the Receiving Office for transmittal of an international application to the International Bureau for processing in its capacity as a Receiving Office ( PCT Rule 19.4 ).
- (5) 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 11 TO PARAGRAPH (a)(5)
-
- (6) Late payment fee pursuant to PCT Rule 16bis.2 .
- (1) A transmittal fee (
see
35 U.S.C.
361(d)
and
PCT Rule
14
) consisting of:
- (b) The international filing fee shall be as prescribed in PCT Rule 15 .
[43 FR 20458, May 11, 1978; para. (a), 47 FR 41272, Sept. 17, 1982, effective Oct. 1, 1982; para. (a)(4) – (6), 50 FR 9384, Mar. 7, 1985, effective May 8, 1985; 50 FR 31826, Aug. 6, 1985, effective Oct. 5, 1985; para. (a) amended 52 FR 20047, May 28, 1987; paras. (a)(2) and (3), 54 FR 6893, Feb. 15, 1989, 54 FR 9432, Mar. 7, 1989, effective Apr. 17, 1989; para. (a), 56 FR 65142, Dec. 13, 1991, effective Dec. 27, 1991; para. (a), 57 FR 38190, Aug. 21, 1992, effective Oct. 1, 1992; para. (a)(4) added, 58 FR 4335, Jan. 14, 1993, effective May 1, 1993; paras. (a)(1)-(3), 59 FR 43736, Aug. 25, 1994, effective Oct. 1, 1994; para. (a)(5) added, 60 FR 21438, May 2, 1995, effective June 1, 1995; para. (a) amended, 60 FR 41018, Aug. 11, 1995, effective Oct. 1, 1995; para. (a) amended, 61 FR 39585, July 30, 1996, effective Oct. 1, 1996; para. (a) amended, 62 FR 40450, July 29, 1997, effective Oct. 1, 1997; para. (a) revised, 63 FR 29614, June 1, 1998, effective July 1,1998 (adopted as final, 63 FR 66040, Dec. 1, 1998); para. (a) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; revised, 68 FR 58991, Oct. 20, 2003, effective Jan. 1, 2004; para. (a)(2) revised, 70 FR 3880, Jan. 27, 2005, effective Dec. 8, 2004; paras. (a)(2) and (a)(3) revised, 72 FR 51559, Sept. 10, 2007, effective Nov. 9, 2007; paras. (a)(1) through (a)(3) revised, 73 FR 67754, Nov. 12, 2008, effective Jan. 12, 2009; para. (a) introductory text and (a)(1) revised, 76 FR 70651, Nov. 15, 2011, effective Nov. 15, 2011; para. (a) introductory text and paras. (a)(1)(i), (a)(2)-(4) and (b) revised, 78 FR 4212, Jan. 18, 2013, effective Mar. 19, 2013; revised 78 FR 17102, Mar. 20, 2013, effective Mar. 20, 2013; para. (a)(5) added, 82 FR 52780, Nov. 14, 2017, effective Jan. 16, 2018; para. (a) revised, 85 FR 46932, Aug. 3, 2020, effective Oct. 2, 2020; para. (a)(6) corrected, 85 FR 58282, Sept. 18, 2020, effective Oct. 2, 2020; para. (a)(1)(ii) revised, 87 FR 68900, Nov. 17, 2022, effective Dec. 19, 2022; paras. (a)(1)-(a)(3) and (a)(5) revised, 88 FR 17147, Mar. 22, 2023, effective Mar. 22, 2023; paras. (a)(1)(I)(C) and (a)(1)(ii) corrected, 88 FR 24912, Apr. 25, 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 Amendments Article 19
- Pct Description Claims
-
- Pct Fees
-
- Pct International Preliminary Examination
- Pct International Search
- Pct Request
-