Where can I find a complete list of PCT fee amounts payable to the USPTO?
A complete list of Patent Cooperation Treaty (PCT) fee amounts payable to the United States Patent and Trademark Office (USPTO) can be found in two main places: At the beginning of each weekly issue of the Official Gazette of the United States Patent and Trademark Office On the International Patent Legal Administration page of the…
Read MoreHow is the amount of the preliminary examination fee determined?
The amount of the preliminary examination fee is determined based on several factors: It is for the benefit of the International Preliminary Examining Authority (e.g., USPTO). The amount is specified in 37 CFR 1.482. The fee may be higher if the international search was performed by an authority other than the USPTO. As stated in…
Read MoreWhat is the time limit for paying preliminary examination and handling fees?
The time limit for paying the preliminary examination fee and the handling fee is set forth in PCT Rule 57.3 and PCT Rule 58.1(b). According to the MPEP: “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…
Read MoreWhat is the non-electronic filing portion of the PCT transmittal fee?
The non-electronic filing portion of the PCT transmittal fee is an additional fee charged by the USPTO for international applications filed on paper rather than through the USPTO’s electronic filing system (EFS-Web). This fee was introduced for applications filed on or after November 15, 2011. As stated in the MPEP: “For international applications filed on…
Read MoreWhen did the USPTO introduce the non-electronic filing portion of the PCT transmittal fee?
The USPTO introduced the non-electronic filing portion of the PCT transmittal fee for international applications filed on or after November 15, 2011. This change was implemented to encourage electronic filing and improve efficiency in the application process. As stated in the MPEP: “For international applications filed on or after November 15, 2011, the transmittal fee…
Read MoreWhat are the fees associated with international preliminary examination?
The fees associated with international preliminary examination include: The preliminary examination fee, which benefits the International Preliminary Examining Authority (e.g., USPTO) The handling fee, which benefits the International Bureau and is collected by the International Preliminary Examining Authority As stated in the MPEP, “The current amount of both the preliminary examination fee and the handling…
Read MoreWhat determines the amount of international filing, transmittal, and search fees for PCT applications?
The amount of international filing, transmittal, and search fees for PCT applications is determined by the fees in effect on the date the international application is received by the USPTO. This is based on several PCT Rules and US regulations: PCT Rule 14.1(c) PCT Rule 15.3 PCT Rule 16.1(f) 37 CFR 1.431(c) As stated in…
Read MoreWhat happens if the preliminary examination and handling fees are not paid on time?
If the preliminary examination and handling fees are not paid within the time set in PCT Rule 57.3, the following consequences apply: Applicants will be notified and given one month to pay the deficient fees plus a late payment fee. The late payment fee is equal to the greater of: 50% of the amount of…
Read MoreHow can I avoid paying the non-electronic filing portion of the PCT transmittal fee?
To avoid paying the non-electronic filing portion of the PCT transmittal fee, you should file your international application electronically using the USPTO’s Electronic Filing System (EFS-Web). This additional fee is only applicable to applications filed on paper. The MPEP states: “The non-electronic filing portion is applicable where applicant files the international application in paper rather…
Read MoreAre there any additional Chapter II fees beyond the preliminary examination and handling fees?
Generally, there are no additional Chapter II fees beyond the preliminary examination fee and the handling fee. However, there is one exception: An additional preliminary examination fee may be required if additional inventions are determined to be present in the application. As stated in the MPEP: “Since supplements to the handling fee were deleted, no…
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