37 CFR § 1.481 — Payment of international preliminary examination (MPEP Index) – BlueIron IP
37 CFR § 1.481 Payment of international preliminary examination
This page consolidates MPEP guidance interpreting 37 CFR § 1.481, including 18 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 detailed guidance on the payment obligations for handling and preliminary examination fees in international preliminary examination, emphasizing compliance with PCT Rule 57.3 and ensuring timely and accurate fee payments.
What this section covers
- The section defines the payment of handling and preliminary examination fees required for international preliminary examination.
Key obligations
- Preliminary Examination Fees must be paid within the time period set in PCT Rule 57.3.
- No additional Chapter II fees are required beyond the handling and preliminary examination fee.
- The current amount of both fees can be found in each weekly issue of the Official Gazette.
Practice notes
- Ensure timely payment to avoid delays in the examination process.
- Double-check the fee amount and payment method before submission to avoid deficiencies.
Official MPEP § 1.481 — Payment of international preliminary examination
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.481 Payment of international preliminary examination fees.
- (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 examination
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.
- (1) If the handling and preliminary examination
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:
- (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.
[63 FR 29614, June 1, 1998, effective July 1, 1998 (adopted as final, 63 FR 66040, Dec. 1, 1998); para. (a) revised, 68 FR 58991, Oct. 20, 2003, effective Jan. 1, 2004]
- Fees
- Maintenance Fee Payment
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- Pct Fees
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- Pct International Preliminary Examination
| MPEP Section | Rules |
|---|---|
| MPEP § 1867 |