Patent Law FAQ

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

Here’s the complete FAQ:

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MPEP 500 - Receipt and Handling of Mail and Papers (1)

The application size fee is an additional fee that applies to patent applications with specifications and drawings exceeding 100 sheets of paper. The MPEP states:

37 CFR 1.16(s) sets forth the application size fee for any application (including any reissue applications) filed under 35 U.S.C. 111, the specification and drawings of which exceed 100 sheets of paper. The calculation of the number of sheets excludes any “Sequence Listing”, computer readable form (CRF) of a “Sequence Listing”, or a “Computer Program Listing Appendix” filed in an American Standard Code for Information Interchange (ASCII) plain text file or any “Sequence Listing XML” filed in an eXtensible Markup Language (XML) file on a read-only optical disc or via the USPTO patent electronic filing system in compliance with the rules.

The fee applies for each additional 50 sheets or fraction thereof over 100 sheets. This fee must be paid within the time period set by the USPTO to avoid abandonment of the application.

MPEP 506 - Completeness of Original Application (1)

The application size fee is an additional fee that applies to patent applications with specifications and drawings exceeding 100 sheets of paper. The MPEP states:

37 CFR 1.16(s) sets forth the application size fee for any application (including any reissue applications) filed under 35 U.S.C. 111, the specification and drawings of which exceed 100 sheets of paper. The calculation of the number of sheets excludes any “Sequence Listing”, computer readable form (CRF) of a “Sequence Listing”, or a “Computer Program Listing Appendix” filed in an American Standard Code for Information Interchange (ASCII) plain text file or any “Sequence Listing XML” filed in an eXtensible Markup Language (XML) file on a read-only optical disc or via the USPTO patent electronic filing system in compliance with the rules.

The fee applies for each additional 50 sheets or fraction thereof over 100 sheets. This fee must be paid within the time period set by the USPTO to avoid abandonment of the application.

Patent Law (3)

The application size fee is an additional fee that applies to patent applications with specifications and drawings exceeding 100 sheets of paper. The MPEP states:

37 CFR 1.16(s) sets forth the application size fee for any application (including any reissue applications) filed under 35 U.S.C. 111, the specification and drawings of which exceed 100 sheets of paper. The calculation of the number of sheets excludes any “Sequence Listing”, computer readable form (CRF) of a “Sequence Listing”, or a “Computer Program Listing Appendix” filed in an American Standard Code for Information Interchange (ASCII) plain text file or any “Sequence Listing XML” filed in an eXtensible Markup Language (XML) file on a read-only optical disc or via the USPTO patent electronic filing system in compliance with the rules.

The fee applies for each additional 50 sheets or fraction thereof over 100 sheets. This fee must be paid within the time period set by the USPTO to avoid abandonment of the application.

The application size fee is calculated based on the number of pages in the application. According to 37 CFR 1.16(s), this fee applies to any application filed under 35 U.S.C. 111 where the specification (including claims) and drawings exceed 100 sheets of paper.

The MPEP states: The application size fee applies for each additional 50 sheets or fraction thereof over 100 sheets of paper. However, certain parts of the application are excluded from this calculation:

  • ASCII plain text files or XML files of Sequence Listings
  • Computer readable forms (CRF) of Sequence Listings
  • Computer Program Listing Appendices in compliance with 37 CFR 1.96(c)

For applications submitted via the USPTO patent electronic filing system, the paper size equivalent… will be considered to be seventy five percent of the number of sheets of paper present in the specification (including claims) and drawings of the application when entered into the Office file wrapper.

To learn more:

How do I calculate the application size fee for a patent application?

The application size fee is an additional charge for patent applications exceeding a certain number of pages. Here’s how to calculate it:

  1. Count the total number of pages in your application, including specification, claims, abstract, and drawings.
  2. Subtract 100 from the total page count (the first 100 pages are included in the basic filing fee).
  3. If the result is positive, multiply it by the per-page fee.

According to MPEP 607: “The application size fee applies to any application filed under 35 U.S.C. 111 … the number of pages of specification, claims, and drawings (including all pages containing part of one of those items) is more than 100 pages.”

For current fee amounts, refer to the USPTO Fee Schedule. Remember, the application size fee is in addition to the basic filing fee.

To learn more:

Patent Procedure (3)

The application size fee is an additional fee that applies to patent applications with specifications and drawings exceeding 100 sheets of paper. The MPEP states:

37 CFR 1.16(s) sets forth the application size fee for any application (including any reissue applications) filed under 35 U.S.C. 111, the specification and drawings of which exceed 100 sheets of paper. The calculation of the number of sheets excludes any “Sequence Listing”, computer readable form (CRF) of a “Sequence Listing”, or a “Computer Program Listing Appendix” filed in an American Standard Code for Information Interchange (ASCII) plain text file or any “Sequence Listing XML” filed in an eXtensible Markup Language (XML) file on a read-only optical disc or via the USPTO patent electronic filing system in compliance with the rules.

The fee applies for each additional 50 sheets or fraction thereof over 100 sheets. This fee must be paid within the time period set by the USPTO to avoid abandonment of the application.

The application size fee is calculated based on the number of pages in the application. According to 37 CFR 1.16(s), this fee applies to any application filed under 35 U.S.C. 111 where the specification (including claims) and drawings exceed 100 sheets of paper.

The MPEP states: The application size fee applies for each additional 50 sheets or fraction thereof over 100 sheets of paper. However, certain parts of the application are excluded from this calculation:

  • ASCII plain text files or XML files of Sequence Listings
  • Computer readable forms (CRF) of Sequence Listings
  • Computer Program Listing Appendices in compliance with 37 CFR 1.96(c)

For applications submitted via the USPTO patent electronic filing system, the paper size equivalent… will be considered to be seventy five percent of the number of sheets of paper present in the specification (including claims) and drawings of the application when entered into the Office file wrapper.

To learn more:

How do I calculate the application size fee for a patent application?

The application size fee is an additional charge for patent applications exceeding a certain number of pages. Here’s how to calculate it:

  1. Count the total number of pages in your application, including specification, claims, abstract, and drawings.
  2. Subtract 100 from the total page count (the first 100 pages are included in the basic filing fee).
  3. If the result is positive, multiply it by the per-page fee.

According to MPEP 607: “The application size fee applies to any application filed under 35 U.S.C. 111 … the number of pages of specification, claims, and drawings (including all pages containing part of one of those items) is more than 100 pages.”

For current fee amounts, refer to the USPTO Fee Schedule. Remember, the application size fee is in addition to the basic filing fee.

To learn more: