37 CFR § 3.41 — Recording fees. (MPEP Coverage Index) – BlueIron IP
37 CFR § 3.41 Recording fees.
This page consolidates MPEP guidance interpreting 37 CFR § 3.41, 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 outlines the fee requirements for recording documents against patent applications and patents, detailing conditions under which no fees are required, particularly those mandated by Executive Order 9424.
What this section covers
- Defines the fee requirements for recording documents against patent applications and patents.
Key obligations
- No fee is required for documents not affecting title if they are so identified.
- Documents must be required by Executive Order 9424 to qualify for fee exemption.
- Exemption applies specifically to patent applications and patents, not other types of documents.
Practice notes
- Practitioners should ensure documents are clearly identified as not affecting title to avoid recording fees.
- Avoid filing documents that do affect title, as these would be subject to recording fees.
Official MPEP § 3.41 — Recording fees.
Source: USPTOLast Modified: 10/30/2024 08:50:22
3.41 Recording fees.
- (a) All requests to record documents must be accompanied by the appropriate fee. Except as provided in paragraph (b) of this section, a fee is required for each application, patent and registration against which the document is recorded as identified in the cover sheet. The recording fee is set in § 1.21(h) of this chapter for patents and in § 2.6(b)(6) of this chapter for trademarks.
- (b) No fee is required for each patent application and
patent against which a document required by Executive Order 9424 is to
be filed if:
- (1) The document does not affect title and is so identified in the cover sheet (see § 3.31(c)(2) ); and
- (2) The document and cover sheet are either: Faxed or electronically submitted as prescribed by the Director, or mailed to the Office in compliance with § 3.27 .
[Added, 57 FR 29634, July 6, 1992, effective Sept. 4, 1992; revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; para. (a) amended, 63 FR 48081, Sept. 9, 1998, effective October 9, 1998; para. (a) corrected, 63 FR 52158, Sept. 10, 1998; para. (b)(2) revised, 69 FR 29865, May 26, 2004, effective June 25, 2004]
-
-
-
- Reissue Ownership
| MPEP Section | Rules |
|---|---|
| MPEP § 302.06 | |
| MPEP § 306 | |
| MPEP § 323.01 | |
| MPEP § 323.01(b) |