How do fees for extensions of time in patent applications work?

How do fees for extensions of time in patent applications work?

Fees for extensions of time in patent applications are structured on a sliding scale, with costs increasing for longer extensions. According to MPEP 710.02(e):

The fee for an extension of time is set forth in 37 CFR 1.17(a) and must be filed within the extended time period for reply.

The fee structure is as follows:

  • 1-month extension: Lowest fee
  • 2-month extension: Higher fee than 1-month
  • 3-month extension: Higher fee than 2-month
  • 4-month extension: Higher fee than 3-month
  • 5-month extension: Highest fee

It’s important to note that the USPTO periodically adjusts these fees. Applicants should always check the current USPTO fee schedule for the most up-to-date information. Additionally, there are different fee schedules for large entities, small entities, and micro entities, with reduced fees for the latter two categories.

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Tags: patent application, USPTO fees