What is the non-electronic filing fee and when does it apply?

The non-electronic filing fee is an additional fee charged for patent applications not filed by electronic means. This fee was established by the Leahy-Smith America Invents Act and is codified in 37 CFR 1.16(t).

The MPEP states: Section 10(h) of Public Law 112-29, September 16, 2011 (the Leahy-Smith America Invents Act) provides that an additional fee of $400 ($200 for a small entity) shall be established for each application for an original (i.e., non-reissue) patent, except for a design, plant, or provisional application, not filed by electronic means.

This fee applies to:

• Applications under 35 U.S.C. 111(a) filed on or after November 15, 2011, other than by the USPTO patent electronic filing system.
• International applications filed with the USPTO as receiving Office on or after November 15, 2011, as part of the transmittal fee.

To learn more:

• non-electronic filing fee
• patent fees
• electronic filing
• USPTO fees