How is the application size fee calculated for patent applications?
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
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