WIPO - PCT Applicant's Guide US - United States of America
United States Patent and Trademark Office (USPTO)

    Applicable as from October 31, 2025
    (Last updated on October 31, 2025)

    Summary of latest changes in this version
    GENERAL INFO: Payment methods
    Summary of requirements for entry into the national phase: Color drawings, Special requirements
    The procedure in the national Phase: Various
    Annexes: Various


    Useful information

    The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    List of abbreviations used in this document:
    Office: United States Patent and Trademark Office (USPTO)35 USC: Title 35, United States Code, PatentsThe number cited after the letters USC or CFR is the relevant section of the Patent Statute or of the Regulations, respectively.37 CFR: Title 37, Code of Federal Regulations, Patents, Trademarks and CopyrightsThe number cited after the letters USC or CFR is the relevant section of the Patent Statute or of the Regulations, respectively.AIA: Leahy-Smith America Invents Act
    List of currencies used in this document:
    CHF (Swiss franc), EUR (Euro), NZD (New Zealand dollar), USD (US dollar), ZAR (South African rand)
    Countries and Offices information:
    The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
    Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
    Also refer to PCT Contracting States formerly Annex A.
    Office profile
    For more technical information about the Office, refer to ePCT Office profile.
    PCT Reservations, Declarations, Notifications and Incompatibilities
    Article 64(3)(a), Article 64(4)(a), Rule 20.1(d), Rule 23bis.2(e), Rule 26.3ter(b), Rule 26.3ter(d), Rule 49.5(l) (re Rule 49.5(c-bis)), Rule 49.5(l) (re Rule 49.5(k)), Administrative Instructions under the PCT (AI) Section 703(f) (re. Section 703(b)(ii) to (iv) and relevant Sections of Annex F of AI)Refer to the full list.
    Office Closed dates
    The Office is closed weekly on Saturday and SundayAdditional closed dates can be consulted on the Office Closed dates page

    International Phase

    Annex B - Information on Contracting States or Intergovernmental Organization

    Contracting State:
    United States of America
    Two-letter code:
    US
    Name of Office:
    United States Patent and Trademark Office (USPTO)
    Location:
    Customer Service Window
    Knox Building
    501 Dulany Street
    Alexandria
    VA 22314
    United States of America    (The Customer Service Window is located in room 1D80 of the Knox Building)
    Mailing address:
    Mail Stop PCT
    Commissioner for Patents
    P.O. Box 1450
    Alexandria
    Virginia 22313-1450
    United States of America
    Telephone:
    PCT Help Desk(1-571) 272 43 00Toll free technical support for electronic filing(1-866) 217 91 97Local technical support for electronic filing(1-571) 272-41 00
    E-mail:
    PCTHelp@uspto.govAs from 1 January 2022, for one year on a pilot basis, for submitting general and non time sensitive questions regarding the PCT and the procedures applicable to international applications filed under the PCT and U.S. national phase applications submitted under 35 U.S.C. §371. This pilot has been extended for an additional year as from 1 January 2023. It should be noted that this e-mail address is not intended for case specific or time sensitive inquiries, which should still be directed by telephone to the PCT Help Desk ((1-571) 272 43 00)
    Website:
    https://www.uspto.gov/patents/basics/international-protection/patent-cooperation-treaty?MURL=patentcooperationtreaty
    Facsimile:
    For details of which documents may be sent by facsimile refer to “Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?”PCT Operations – only available for certain documents(1-571) 273 83 00USPTO Central Fax – only available for certain documents(1-571) 273 83 00PCT Help Desk(1-571) 273 04 19
    Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
    Yes, by facsimile
    Which kinds of documents may be so transmitted?
    All documents except the following:
    — certified documents including priority documents
    — documents needed to receive an international filing date under PCT Article 11
    — authorizations charging the basic national fee to a deposit account
    — when necessary, a copy of the international application for entry into the national phase
    — documents directly related to a secrecy order
    Must the original of the document be furnished in all cases?
    No, only upon invitation
    Does the Office send notifications via e-mail in respect of international applications?
    No
    Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
    No
    Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
    For further details on how to request this Office to make applications available to the DAS refer to: https://www.uspto.gov/patents/basics/international-protection/electronic-priority-document-exchange-pdx. However, the applicant may not request the receiving Office of the United States of America (RO/US) to obtain a priority document from a digital library and transmit it to the International Bureau pursuant to PCT Rule 17.1(b-bis).Yes, the Office is prepared to allow applicants to make national applications filed in electronic form available to the WIPO DAS
    Competent receiving Office(s) for international applications filed by nationals or residents of this State:
    Applicants may file with the International Bureau only if the national security provisions allow filing of patent applications abroad. Compliance with such provisions is the applicant’s responsibility and will not be checked by the International Bureau.IB, US
    Does national legislation restrict the filing of international applications with foreign Offices?
    Title 35, United States Code, Patents, Sections 181 and 184-188. Also refer to 37 CFR 5.11-5.20.Yes, filing restrictions apply to:Inventions made in the United States of America
    Competent designated (or elected) Office(s) for this State:
    Refer to corresponding National Phase.US
    Types of protection available via the PCT:
    Patents
    Payment methods accepted by the Office:
    All payments must be made in USDAny payment may be effected by:— United States Postal Service money order (37 CFR 1.23)— check (37 CFR 1.23)— USPTO deposit account (37 CFR 1.25)— credit card (37 CFR 1.23(b))— debit card, including prepaid cards, which do not require the use of a PIN— wire transfer— electronic funds transfer (EFT) via ACH Debit through an online account maintained in Financial Manager and settled via the ACH NetworkMoney orders and checks must be payable in United States dollars to the “Director of the U.S. Patent and Trademark Office.” Remittance from foreign countries must be payable and immediately negotiable in the United States of America for the full amount of the fee required. All payments must indicate the complete application number, the name of applicant and the type of fee being paidPayment for all fees may be made using one of the following credit cards: MasterCard, VISA, American Express and Discover. Applicants making payments by credit card should use form PTO-2038 (National Chapter Annex US.II). Blanket authorizations of payments to credit cards will not be accepted. The fee amount must be specified. Credit card authorization may be used only one time. Subsequent charges will require a new authorization. ADVISORY: If filing by Patent Center, do NOT attach the PTO-2038 form as a PDF along with your submission, by doing so your credit card information may be displayed via the Patent Center. To protect your information, it is recommended paying fees online by using the electronic payment method. The PTO-2038 should only be mailed or faxed to the USPTO. The PTO-2038 may not be faxed to the USPTO when paying the basic national fee.For information concerning electronic transfer of funds to the USPTO, please contact the Office of Finance at:
    (571) 272-6400    Applicants choosing to pay by wire transfer or EFT should ensure that the full amount of the fee due is received by the USPTO. There is a danger of loss of rights if bank charges are deducted.Additional information regarding acceptable methods for paying fees to the USPTO can be found at:
    https://www.uspto.gov/learning-and-resources/fees-and-payment/accepted-payment-methods
    Availability under the national law for an international-type search (PCT Article 15):
    The USPTO does not require that a formal report of an international-type search be prepared in order to obtain a search fee refund in a later filed international application.Sections 1.104(a)(3) and (a)(4) and 1.21(e) of the Code of Federal Regulations, Title 37 (37 CFR)
    Provisional protection after international publication:
    The patentee is entitled to obtain a reasonable royalty commencing on the date of the publication under PCT Article 21(2)(a) of the international application, or if the publication is in a language other than English, on the date the USPTO receives a translation of the international application in the English language. The right to obtain a reasonable royalty is not available unless the invention as claimed in the patent is substantially identical to the invention claimed in the published international application. For details, refer to National Chapter(US), paragraph US.47 (also refer to 35 USC 154(d)).
    Information of interest if this Contracting State is designated (or elected)
    WARNING
    “Prior art effect” of subject matter disclosed in a US patent issued on the basis of an international application:
    Additional information regarding the applicability of the First Inventor to File provisions of the America Invents Act can be found at: https://www.uspto.gov/patents/first-inventor-file-fitf-resources.The United States of America made a declaration under PCT Article 64(4). However, this declaration only applies to applications that are not subject to the First Inventor to File provisions of the America Invents Act, that is, applications that contain or ever contained a claim having an effective filing date prior to 16 March 2013.
    Time when the name and address of the inventor must be given:
    May be in the request or may be furnished later. If the data concerning the inventor is missing at the expiration of the time limit under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
    Are there special provisions concerning the deposit of microorganisms and other biological material?
    Yes, refer to Annex L.

    Annex C - Receiving Office

    Competent receiving Office for nationals and residents of:
    United States of America
    Language in which international applications may be filed:
    English
    Language accepted for language-dependent free text in the sequence listing:
    The Office does not permit the language-dependent free text of the sequence listing part of the description to be filed in more than one language, under PCT Rule 12.1(d).Same as above
    Language in which the request may be filed:
    English
    Number of copies required by the receiving Office if the international application is filed on paper:
    1
    Does the receiving Office accept the filing of international applications in electronic form?
    Where the international application is filed in electronic form, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. Where the international application is filed on paper, a sequence listing part of the description should be furnished in WIPO Standard ST.26 XML format on physical medium.The USPTO accepts the filing of international applications in electronic form according to its national law and technical systems (refer to Section 703(d) and 703(f)(ii) of the PCT Administrative Instructions). For more information, refer to: https://www.uspto.gov/patents/apply.
    Technical support for filing international applications electronically is available from the Patent Electronic Business Center (EBC) at (1-866) 217 91 97. Note that the applicable national law and technical systems provide for requirements which are different from, and not compatible with, the requirements of Section 703(b)(ii) to (iv) of the PCT Administrative Instructions (refer to PCT Gazette No. 18/2002, page 8974). Applicants may, however, use ePCT or PCT-SAFE (not recommended since the International Bureau no longer develops, distributes or supports PCT-SAFE software since 1 July 2022) to generate a .zip file containing a validated request form, and then submit the .zip file electronically via Patent Center (USPTO patent electronic filing system). For further details, refer to: https://www.federalregister.gov/documents/2020/09/30/2020-18743/facilitating-the-use-of-the-world-intellectual-property-organizations-epct-system-to-prepare.    Yes
    Does the receiving Office accept the submission of pre-conversion documents and, if yes, in which format (Section 706 of the PCT Administrative Instructions)?
    No
    Does the receiving Office accept incorporation by reference (PCT Rule 20.6)?
    Yes
    Does the receiving Office accept the submission of color drawings on an informal basis and transmit them to the International Bureau?
    RO/US accepts color drawings on an informal basis. However, due to technical reasons, these color drawings are either not transmitted to the IB or, when they have been transmitted, the IB has not been able to use them. A team from the USPTO is currently working with the IB concerning the future of document transmission.
    Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
    Yes, the Office applies the “unintentional” criterion to such requests
    Competent International Searching Authority:
    EP, KR, SG, USAUThis Office has limited its availability as International Searching Authority to 250 international applications per quarter. For further details, refer to https://www.uspto.gov/web/offices/com/sol/og/2014/week52/TOC.htm#ref20.ILThis Authority is competent only where it has not received more than 100 international applications from the USPTO during the relevant fiscal quarter. For further information, refer to https://www.uspto.gov/sites/default/files/documents/mod-ilpo-isa-ipea.pdf.JPThis Authority is competent only if it has not received more than 10,000 international applications from the USPTO during the five year period from 1 July 2023 to 30 June 2028, and not more than 500 applications each quarter.PHThis Authority is competent provided that it has not received more than 75 international applications in English from the USPTO during any fiscal quarter.
    Competent International Preliminary Examining Authority:
    KR, USAU, EP, IL, JP, PH, SGThis Authority is competent only if the international search is or has been carried out by that Office.
    Fees payable to the RO:
    The amounts of these fees change periodically. The receiving Office or the current USPTO Fee Schedule should be consulted for the applicable amounts at: https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule.For Small Entity Status, refer to: https://www.uspto.gov/web/offices/pac/mpep/s509.html#d0e30961.For Micro Entity Status, refer to: https://www.uspto.gov/web/offices/pac/mpep/s509.html#ch500_d1ff69_210b3_1ca.For Consolidated Patent Rules, refer to: https://www.uspto.gov/web/offices/pac/mpep/consolidated_rules.pdf.
    Transmittal fee:
    285 USDSmall entity 114 USDMicro entity 57 USD
    In addition, there is:
    — a non-electronic filing fee applicable to international applications filed other than by the USPTO electronic filing system (Patent Center):
    400 USD
    — or in the case of filings by small or micro entities:
    200 USD
    International filing fee:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).1,603 USD
    Fee per sheet in excess of 30:
    18 USD
    Reductions (under Schedule of Fees, item 4):
    Electronic filing (Patent Center without ePCT or PCT-EASY.zip file):
    121 USD
    Electronic filing (Patent Center with ePCT or PCT-EASY.zip file):
    241 USD
    Search fee:
    Refer to
    Annex D(AU)
    Annex D(EP)
    Annex D(IL)
    Annex D(JP)
    Annex D(KR)
    Annex D(PH)
    Annex D(SG)
    Annex D(US)
    Fee for priority document (PCT Rule 17.1(b)):
    None
    Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):
    2,260 USDSmall entity 904 USDMicro entity 452 USD
    Is an agent required by the receiving Office?
    No
    Who can act as agent?
    Patent attorneys and patent agents registered to practice before the Office. A list of registered patent attorneys and agents may be obtained on the Internet at: https://oedci.uspto.gov/OEDCI/
    Waiver of power of attorney:
    Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph IP 11.048).
    Has the Office waived the requirement that a separate power of attorney be submitted?
    Yes
    Particular instances in which a separate power of attorney is required:
    Where it is unclear whether a purported agent has the power to act on behalf of the applicant, and for certain changes under PCT Rule 92bis
    Has the Office waived the requirement that a copy of a general power of attorney be submitted?
    Yes
    Particular instances in which a copy of a general power of attorney is required:
    Where it is unclear whether a purported agent has the power to act on behalf of the applicant, and for certain changes under PCT Rule 92bis

    Annex D - International Searching Authority

    International Searching Authority competent for the following Receiving Offices:
    BH, BR, CL, DO, EG, GE, IL, IN, JO, KN, MX, NZ, OM, PA, PE, PH, QA, SA, TH, TT, US, ZA
    Fees payable to the ISA:
    The amount of this fee changes periodically. The International Searching Authority or the current USPTO Fee Schedule should be consulted for the applicable amount at: https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule.For Small Entity Status, refer to: https://www.uspto.gov/web/offices/pac/mpep/s509.html#d0e30961.For Micro Entity Status, refer to: https://www.uspto.gov/web/offices/pac/mpep/s509.html#ch500_d1ff69_210b3_1ca.For Consolidated Patent Rules, refer to: https://www.uspto.gov/web/offices/pac/mpep/consolidated_rules.pdf.
    Search fee (PCT Rule 16):
    This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.1,976 CHFSmall entity 790 CHFMicro entity 395 CHF2,114 EURSmall entity 846 EURMicro entity 423 EUR4,104 NZDSmall entity 1,642 NZDMicro entity 821 NZD2,400 USDSmall entity 960 USDMicro entity 480 USD43,370 ZARSmall entity 17,350 ZARMicro entity 8,670 ZAR
    Additional search fee (PCT Rule 40.2):
    This fee is payable to the International Searching Authority and only in particular circumstances.2,400 USDSmall entity 960 USDMicro entity 480 USD
    Fee for copies of documents cited in the international search report (PCT Rule 44.3):
    — US patent document
    From 3 July 2007, the USPTO no longer mails paper copies of cited US patents and US patent application publications cited in search reports, written opinions or international preliminary examination reports in international applications.
    From 29 October 2013, the USPTO also no longer mails copies of published international applications cited in international applications. However, electronic copies may be viewed at the USPTO’s Internet web site: https://www.uspto.gov/patents/search.
    The copies can also be printed for free. Copies can also be purchased online: https://certifiedcopycenter.uspto.gov/index.html or obtained from the USPTO Office of Public Records ((1-800) 972 63 82 or (571) 272 31 50) at the fee indicated above.    per copy 3 USD
    — Non-US patent documents
    The applicant receives, together with the international search report, a copy of each cited document that is not a US patent document or a published international application.None
    Fee for copies of documents contained in the file of the international application (PCT Rule 94.1ter):
    — US patent document
    per copy 3 USD
    — Non-US patent document
    Refer to 37 CFR 1.19 for other document supply fees.per copy 27 USD
    Protest fee (PCT Rule 40.2(e)):
    None
    Late furnishing fee (PCT Rule 13ter.1(c)):
    345 USDSmall entity 138 USDMicro entity 69 USD
    Conditions for refund and amount of refund of the search fee:
    Money paid by mistake, without cause, or in excess, will be refundedWhere the international application is withdrawn or is considered withdrawn, under PCT Article 14(1), (3) or (4), before the start of the international search:
    refund of 100%
    Languages accepted for international search:
    English
    Does the Authority accept informal comments on earlier search results where an international application claims priority from an earlier application already searched by this Authority?
    No
    Types of physical media accepted for the furnishing of nucleotide and/or amino acid sequence listings :
    Read-only optical disc: CD–ROM, CD–R, DVD–R, DVD+R
    Subject matter that will not be searched:
    The subject matter specified in items (i) to (vi) of PCT Rule 39.1 with the exception of any subject matter searched under the patent grant procedure in accordance with the provisions of United States patent law
    Waiver of power of attorney:
    Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph IP 11.048).
    Has the Authority waived the requirement that a separate power of attorney be submitted?
    Yes
    Particular instances in which a separate power of attorney is required:
    Where it is unclear whether a purported agent has the power to act on behalf of the applicant, and for certain changes under PCT Rule 92bis
    Has the Authority waived the requirement that a copy of a general power of attorney be submitted?
    Yes
    Particular instances in which a copy of a general power of attorney is required:
    Where it is unclear whether a purported agent has the power to act on behalf of the applicant, and for certain changes under PCT Rule 92bis

    Annex E - International Preliminary Examining Authority

    International Preliminary Examining Authority competent for the following Receiving Offices:
    BH, BR, CL, DO, EG, GE, IL, IN, JO, KN, MX, NZ, OM, PA, PE, PH, QA, SA, TH, TT, US, ZA
    Are there any restrictions with regard to the competence of the Authority acting as an International Preliminary Examining Authority?
    The USPTO may act as International Preliminary Examining Authority only if the international search is or has been performed by that Office, except that the USPTO may act as International Preliminary Examining Authority for international applications filed by at least one resident or national of the United States of America with the USPTO or the International Bureau of WIPO as receiving Office where the selected ISA is competent for residents or nationals of the United States of America.
    Fees payable to the IPEA:
    The amounts of these fees change periodically. The International Preliminary Examining Authority or the current USPTO Fee Schedule should be consulted for the applicable amounts at: https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule.For Small Entity Status, refer to: https://www.uspto.gov/web/offices/pac/mpep/s509.html#d0e30961.For Micro Entity Status, refer to: https://www.uspto.gov/web/offices/pac/mpep/s509.html#ch500_d1ff69_210b3_1ca.For Consolidated Patent Rules, refer to: https://www.uspto.gov/web/offices/pac/mpep/consolidated_rules.pdf.
    Preliminary examination fee (PCT Rule 58):
    This fee is payable to the International Preliminary Examining Authority.
    — When the international search was carried out by the USPTO:
    705 USDSmall entity 282 USDMicro entity 141 USD
    — When the international search was not carried out by the USPTO:
    880 USDSmall entity 352 USDMicro entity 176 USD
    Additional preliminary examination fee (PCT Rule 68.3):
    This fee is payable to the International Preliminary Examining Authority and only in particular circumstances.705 USDSmall entity 282 USDMicro entity 141 USD
    Handling fee (PCT Rule 57.1):
    This fee is payable to the International Preliminary Examining Authority. It is reduced by 90% if certain conditions apply (refer to Annex C(IB)).241 USD
    Fee for copies of documents cited in the international preliminary examination report (PCT Rule 71.2):
    From 3 July 2007, the USPTO no longer mails paper copies of cited US patents and US patent application publications cited in search reports, written opinions or international preliminary examination reports in international applications.
    From 29 October 2013, the USPTO also no longer mails copies of published international applications cited in international applications. However, electronic copies may be viewed at the USPTO’s Internet web site: https://www.uspto.gov/patents/search.
    The copies can also be printed for free. Copies can also be purchased online: https://certifiedcopycenter.uspto.gov/index.html or obtained from the USPTO Office of Public Records ((1-800) 972 63 82 or (571) 272 31 50) at the fee indicated above    The applicant receives, together with the international preliminary examination report, a copy of each additional document not cited in the international search report which is not a US patent document or a published international applicationNone
    Fee for copies of documents contained in the file of the international application (PCT Rule 94.2):
    Refer to 37 CFR 1.19 for other document supply fees.
    — US patent document
    per copy 3 USD
    — Non-US patent document
    per copy 27 USD
    Protest fee (PCT Rule 68.3(e)):
    None
    Late furnishing fee (PCT Rule 13ter.2):
    345 USDSmall entity 138 USDMicro entity 69 USD
    Conditions for refund and amount of refund of the preliminary examination fee:
    Money paid by mistake, without cause, or in excess, will be refundedIn the cases provided for under PCT Rule 58.3 where the demand is considered as if it had not been submitted (PCT Rules 54.4, 58bis.1(b) or 60.1(c)):
    refund of 100%    If the international application or the demand is withdrawn before the start of the international preliminary examination:
    refund of the amount paid less a processing fee equivalent to the transmittal fee (refer to Annex C(US))
    Languages accepted for international preliminary examination:
    English
    Subject matter that will not be examined:
    The subject matter specified in items (i) to (vi) of PCT Rule 67.1 with the exception of any subject matter examined under the patent grant procedure in accordance with the provisions of United States patent law
    Waiver of power of attorney:
    Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph IP 11.048).
    Has the Authority waived the requirement that a separate power of attorney be submitted?
    Yes
    Particular instances in which a separate power of attorney is required:
    Where it is unclear whether a purported agent has the power to act on behalf of the applicant, and for certain changes under PCT Rule 92bis
    Has the Authority waived the requirement that a copy of a general power of attorney be submitted?
    Yes
    Particular instances in which a copy of a general power of attorney is required:
    Where it is unclear whether a purported agent has the power to act on behalf of the applicant, and for certain changes under PCT Rule 92bis

    Annex L - Deposits of Microorganisms and Other Biological Material

    Requirements of designated and elected Offices
    Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.For a list of these institutions refer to:http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)Notifications related thereto may be consulted under:http://www.wipo.int/treaties/en/registration/budapest/Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:http://www.wipo.int/budapest/en/guide/index.html
    Time (if any) earlier than 16 months from priority date by which applicant must furnish:
    — the indications prescribed in Rule 13bis.3(a)(i) to (iii):
    None
    — any additional indications:
    At the time of filing
    Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:
    To the extent feasible, a description of the deposited biological material sufficient to specifically identify it and to permit examination
    Additional information
    When the original deposit is made after the effective filing date of an application for a patent, the applicant must promptly submit a statement from a person in a position to corroborate the fact, stating that the biological material which is deposited is a biological material specifically identified in the application as filed (refer to 37 CFR 1.804(b)).Deposits may also be made for the purposes of patent procedure before the USPTO with any other depository institution recognized to be suitable by the Office (refer to 37 CFR 1.803).

    National Phase

    Summary of requirements for entry into the national phase

    Time limits applicable for entry into the national phase:
    Under PCT Article 22(1): 30 months from the priority date
    Under PCT Article 39(1)(a): 30 months from the priority date
    Does the Office permit reinstatement of rights (PCT Rule 49.6)?
    Yes
    Translation of international application required into (one of) the following language(s):
    Must be furnished within the time limit applicable under PCT Article 22 or 39(1). The requirement may still be complied with in response to a notice sent to the applicant, provided that a processing fee is paid for furnishing the translation later.English
    Required contents of the translation for entry into the national phase:
    Must be furnished within the time limit applicable under PCT Article 22 or 39(1). The requirement may still be complied with in response to a notice sent to the applicant, provided that a processing fee is paid for furnishing the translation later.If the translation of the amendments is not furnished, the amendments are considered to be cancelled (37 CFR 1.495(d) and (e)).Under PCT Article 22: Request, description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter in the drawings, abstractUnder PCT Article 39(1): Request, description, claims, any text matter in the drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary report on patentability (Chapter II))
    Is a copy of the international application required in particular circumstances?
    Must be furnished within the time limit applicable under PCT Article 22 or 39(1).The applicant is only required to send a copy of the international application if the national application is filed prior to the publication of the international application. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2)No copy is required if the international application was filed with the USPTO as receiving Office. A copy of amendments of the claims filed under PCT Article 19 with the International Bureau is required under the conditions indicated in the previous paragraph
    Does the Office accept color drawings under its national law?
    Yes. Applicant must file a petition explaining why the color drawings are necessary with a petition fee (refer to 37 CFR 1.17(h)) requesting acceptance of the color drawings or color photographs. Guidance on review of a petition to accept color drawings is provided in Manual of Patent Examining Procedure (MPEP) § 608.02, subsection VIII (refer to https://mpep.uspto.gov/RDMS/MPEP/current#/current/d0e47639.html). In the event that an International Application was filed with color drawings and published by the International Bureau with only black and white drawings, the applicant is entitled to rely on the color drawings that were present on the international filing date to determine if a subsequent amendment seeking to add color drawings during the national stage includes new matter.
    National fees:
    The amounts of these fees change periodically. The United States Patent and Trademark Office or the current USPTO Fee Schedule should be consulted for the applicable amounts at: https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule.For information on “small entity” and “micro entity” filings, refer to paragraphs US.19-21.
    Basic national fee
    Must be paid within the time limit applicable under PCT Article 22 or 39(1).350 USDSmall entity (140 USD)Micro entity (70 USD)
    Search fee:
    If not paid with the basic national fee, the USPTO will invite the applicant to pay the fee within a time period fixed in the invitation.
    — IPRP (Chapter II) prepared by the IPEA/US or the written opinion was prepared by the ISA/US, all claims presented satisfied provisions of PCT Article 33(1) to (4)
    0 USDSmall entity (0 USD)Micro entity (0 USD)
    — International search fee paid to the USPTO as ISA
    150 USDSmall entity (60 USD)Micro entity (30 USD)
    — Search report has been prepared by an ISA other than the US and is provided or has been previously communicated by the IB to the USPTO
    580 USDSmall entity (232 USD)Micro entity (116 USD)
    — All other situations
    770 USDSmall entity (308 USD)Micro entity (154 USD)
    Examination fee:
    If not paid with the basic national fee, the USPTO will invite the applicant to pay the fee within a time period fixed in the invitation.
    — IPRP (Chapter II) prepared by the IPEA/US or the written opinion was prepared by the ISA/US, all claims presented satisfied provisions of PCT Article 33(1) to (4)
    0 USDSmall entity (0 USD)Micro entity (0 USD)
    — All other situations
    880 USDSmall entity (352 USD)Micro entity (176 USD)
    For every 50 sheets or fraction thereof of the specification and drawings that exceeds 100 sheets (excluding any sequence listing or computer program listing filed in an electronic medium)
    If not paid with the basic national fee, the USPTO will invite the applicant to pay the fee within a time period fixed in the invitation.450 USDSmall entity (180 USD)Micro entity (90 USD)
    Additional fee for each claim in independent form in excess of three
    If not paid with the basic national fee, the USPTO will invite the applicant to pay the fee within a time period fixed in the invitation.600 USDSmall entity (240 USD)Micro entity (120 USD)
    Additional fee for each claim, independent or dependent, in excess of 20
    If not paid with the basic national fee, the USPTO will invite the applicant to pay the fee within a time period fixed in the invitation.200 USDSmall entity (80 USD)Micro entity (40 USD)
    In addition, if the application contains one or more multiple dependent claims, per application
    If not paid with the basic national fee, the USPTO will invite the applicant to pay the fee within a time period fixed in the invitation.925 USDSmall entity (370 USD)Micro entity (185 USD)
    Surcharge for paying any of the search fee, the examination fee, or filing the oath or declaration after the date of commencement of the national stage
    If not paid with the basic national fee, the USPTO will invite the applicant to pay the fee within a time period fixed in the invitation.170 USDSmall entity (68 USD)Micro entity (34 USD)
    Processing fee for filing English-language translation after the expiration of the time limit applicable under PCT Article 22 or 39(1)
    If not paid with the basic national fee, the USPTO will invite the applicant to pay the fee within a time period fixed in the invitation150 USDSmall entity (60 USD)Micro entity (30 USD)
    Mega-Sequence Listing filing fee:
    — submission of sequence listing of 300 MB to 800 MB
    1,140 USDSmall entity (456 USD)Micro entity (228 USD)
    — submission of sequence listing of more than 800 MB
    11,290 USDSmall entity (4,516 USD)Micro entity (2,258 USD)
    Exemptions, reductions or refunds of fees:
    Reductions of the national fees are indicated under the national fees listed above
    Special requirements of the Office (PCT Rule 51bis):
    Oath or declaration of the inventorRefer to paragraphs US 23-26.Information disclosure statement is recommendedRefer to paragraphs US 28-32.Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in electronic formRefer to paragraph US 09.
    Who can act as agent?
    Patent attorneys and patent agents registered to practice before the Office.
    A list of registered patent attorneys and agents may be obtained on the Internet at: https://oedci.uspto.gov/OEDCI/
    Does the Office accept the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1)?
    Yes
    Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
    Yes, the Office applies the “unintentional” criterion to such requests

    The procedure in the national Phase

    US.01 APPLICANT
    35 USC 116, 35 USC 117, 35 USC 118, 37 CFR 1.42, 37 CFR 1.43, 37 CFR 1.45, 37 CFR 1.46, 37 CFR 1.421, 37 CFR 1.422, 37 CFR 1.423, 37 CFR 1.424For US national phase applications having an international filing date on or after 16 September 2012, the applicant may be:(a) the inventor(s);(b) the legal representative of a deceased or legally incapacitated inventor;(c) the assignee;(d) the obligated assignee (i.e., a person to whom the inventor is under an obligation to assign the invention); or(e) a person who otherwise shows proprietary interest in the application.For such applications, the person identified in the international stage as the applicant will normally be considered the applicant for the US national phase application, even if such applicant is not the inventor.
    US.02
    Where the applicant is a person who otherwise shows sufficient proprietary interest in the matter, such applicant must submit a petition including: the applicable fee, a showing that such person has sufficient proprietary interest in the matter, and a statement that making the application for patent by a person who otherwise shows sufficient proprietary interest in the matter on behalf of and as agent for the inventor is appropriate to preserve the rights of the parties.
    US.03 INVENTORS
    For US national phase applications with an international filing date prior to 16 September 2012, the inventor(s) is required to be the applicant(s) or, if an inventor is dead, insane, or otherwise legally incapacitated, such inventor’s legal representative. This is true even if the national phase documents are filed after 16 September 2012.
    US.04
    37 CFR 1.41The inventorship of a US national phase application having an international filing date on or after 16 September 2012 is the inventor or joint inventors set forth in an application data sheet accompanying the initial national phase submission (refer to paragraph US.06). If the initial national phase submission for an application with an international filing date on or after 16 September 2012 is not accompanied by a proper application data sheet, OR if the national phase application has an international filing date prior to 16 September 2012, the inventorship is the inventor or joint inventors set forth in the international application, which includes any change effected under PCT Rule 92bis.
    US.05 FORM FOR ENTERING THE NATIONAL PHASE
    The USPTO has available a special transmittal form, Form PTO-1390 (refer to Annex US.III), to accompany the fees and documents required for entering the national phase. Use of the Form PTO-1390 is strongly encouraged because the form clearly identifies the submission as a national phase entry filed under 35 USC 371, as required for proper processing (refer to paragraph US.11). In addition, the Form PTO-1390 provides applicants with a checklist of items generally required or potentially applicable to a national phase filing, as well as a mechanism to make specific requests that may be appropriate in a particular national phase application. For example, the Form PTO-1390 contains checkboxes to expressly request that national examination procedures begin immediately (refer to paragraph US.37), to instruct the USPTO not to enter amendments made in the international phase, and to assert small entity status (refer to paragraph US.20). Use of the Form PTO-1390 is not, however, required.
    US.06 APPLICATION DATA SHEET (ADS)
    37 CFR 1.76, 37 CFR 1.495(c)Together with the Form PTO-1390 discussed above, applicants are also strongly encouraged to submit an “application data sheet” (ADS). The ADS facilitates electronic capture of the bibliographic data by the USPTO, thus leading to more accurate data recording and quicker processing by eliminating the need to have this data manually extracted from the application documents. An application data sheet form for use where the international filing date is on or after 16 September 2012 (Form PTO/AIA/14) and instructions for preparing the form can be found at: https://www.uspto.gov/patents/apply/formsThe Form PTO/AIA/14 is attached as Annex US.IV.
    US.07
    In an application with an international filing date on or after 16 September 2012, an application data sheet is required to postpone submission of the required oath or declaration of the inventors (refer to paragraph US.26, below).
    US.08 CORRESPONDENCE
    37 CFR 1.1, 37 CFR 1.5, 37 CFR 1.6(d), 37 CFR 1.6(g), 37 CFR 1.8(a)(2)It is preferable to file the required national phase items online using the USPTO patent electronic filing system (Patent Center). Patent Center provides customers the ability to electronically file a variety of patent application documents directly to the USPTO, including those associated with US national phase entries under 35 USC 371. It is recommended that applicants continue to use the Form PTO-1390 when electronically filing documents for entry into the US national phase under 35 USC 371 (refer to paragraph US.05). More information regarding the electronic filing of US patent applications using Patent Center may be obtained at https://www.uspto.gov/patents/apply. Full technical support is available through the Patent Electronic Business Center (EBC) at (1-866) 217 91 97 from 6 a.m. to 12 Midnight Eastern Time, Monday – Friday (except federal holidays). EBC may be emailed anytime at ebc@uspto.gov. In the event that Patent Center is not available due to an outage, information regarding alternative filing methods may be obtained at https://www.uspto.gov/patents/apply/filing-online/filing-documents-during-outage.
    US.09
    Patent Center has the added capability of enabling the electronic filing of a sequence listing in Extensible Markup Language (XML) format. This capability is important in view of the implementation of WIPO Standard ST.26, incorporated into U.S. sequence rules 37 CFR 1.831 - 1.839, which require that a sequence listing filed in any national phase application that has an international filing date on or after 1 July 2022 be in XML format in compliance with ST.26. For all applications having an international filing date before 1 July 2022, a sequence listing may be filed as an ASCII text file (.TXT) in ST.25 format, as per 37 CFR 1.821 - 1.825, but not as an ST.26 XML file. Patent Center has a file size limit of 100 MB for sequence listings in text or XML format, which must be uploaded separately from other types of files. Sequence listing files that exceed 100 MB can be submitted on optical disc in accordance with 37 CFR 1.52(e) on the same day by using Priority Mail Express® from the USPS in accordance with 37 CFR 1.10, or by hand delivery. Note that it is not necessary to submit a copy of a sequence listing that is part of the description of the international application upon entry into national phase at the USPTO if the international application has been published by the International Bureau (IB); the USPTO will obtain a copy of the published international application, including the sequence listing, from the IB under PCT Article 20. The inclusion of a sequence listing as part of the description is indicated on the front page of the published international application. Patent Center has a file size limit of 25 MB per PDF file, but up to 60 documents of this size may be submitted in a single electronic package.
    US.10
    National phase documents may also be submitted by mail addressed to: Mail Stop PCT, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, USA. If the applicant has received a “Notice of Acceptance of Application Under 35 USC 371 and 37 CFR 1.495”, the reference to “Mail Stop PCT” should be deleted. If a US application number (e.g., 18/123,456) has been assigned, it should be indicated on the documents. If a US application number has not yet been assigned, the correspondence should state the name of the applicant, the international filing date, the international application number and the title of the invention. It is important to note that a copy of the international application used to enter the national phase and/or payment of the required basic national fee may NOT be submitted by facsimile.
    US.11
    35 USC 371, 35 USC 111, 37 CFR 1.495(g)A submission to enter the US national phase under the PCT is required by the USPTO to contain a clear indication of this intention. The identification requirement is usually complied with if the Form PTO-1390 for entering the national phase is used (refer to paragraph US.05 above). The identification of the international application, in the declaration or oath of the inventor (refer to paragraph US.23), as a prior filed application for priority purposes, or otherwise, is not considered to be a sufficient indication of an intention to enter the national phase under the PCT. In accordance with 37 CFR 1.495(g), an initial application submission that contains (e.g., in the application documents and/or the data entered in the USPTO patent electronic filing system) conflicting indications as between a new US national patent application under 35 USC 111(a) and a submission to enter the national phase under 35 USC 371 will be treated by the USPTO as a submission to enter the national phase under 35 USC 371.
    US.12 TRANSLATION (LATE FURNISHING OF)
    35 USC 371(d), 37 CFR 1.492(i), 37 CFR 1.495(c), 37 CFR 1.495(d), 37 CFR 1.495(e)If the applicant pays the basic national fee and a copy of the international application is received within the applicable time limit for national phase entry, but a translation of the international application has not been furnished by the applicant or is incomplete, a notice is sent to the applicant which sets a time period for furnishing the translation. The applicant can then timely furnish the translation provided that a processing fee is paid. The amount of the processing fee is indicated in Annex US.I. The time period set in the notice will be two months from the date of the notice or 32 months from the priority date, whichever is later. The time period set in the notice may be extended as provided for in 37 CFR 1.136(a) (refer to paragraph US.43(i), below). The requirement to provide a translation of the international application encompasses the sequence listing part of the description. If an ST.25 text file that contains non-English free text is part of the international application, the applicant should submit a translated sequence listing text file in which the non-English text is replaced with the English translation, and clearly identify the submission as a translation of the sequence listing part of the description. If an ST.26 XML sequence listing that is part of the international application contains one or more language-dependent qualifiers that do not include an English value, applicant should submit a translated sequence listing in which all language-dependent qualifiers have English values, and clearly identify the submission as a translation of the sequence listing part of the description. Where amendments to the claims have been filed with the International Bureau under Article 19 and the applicant fails to furnish a translation or copy (refer to the Summary of Requirements for Entry into the National Phase) of such amendments to the claims within the time limit for national phase entry, the amendments to the claims are considered to have been cancelled. A translation of any annexes, e.g. Article 34 amendments, to the International Preliminary Examination Report must be furnished prior to the expiration of the applicable time limit under PCT Article 39(1). However, a translation of the annexes may be provided during any time period set under 37 CFR 1.495(c) to furnish a translation of the international application, the inventor’s oath or declaration, the search fee, the examination fee, and/or the application size fee. If a translation of the annexes is not timely filed, the amendments contained in the annexes will be considered to be cancelled. However, such amendments may be reintroduced at a later stage (refer to paragraph US.33).
    US.13 TRANSLATION (CORRECTION)
    Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs NP 6.002 and NP 6.003). If the translation furnished to the USPTO was incomplete, refer to the preceding paragraph.
    US.14 PAYMENT OF NATIONAL FEE
    35 USC 371(d), 37 CFR 1.495(b), 37 CFR 1.6(d)(3), 37 CFR 1.8(a)(2)(i)(F)The basic national fee must be paid within the time limit for entry into the national phase (refer to PCT Article 22(1) or 39(l)a)) which is 30 months after the priority date. This time limit may not be extended. If the basic national fee is not paid within the applicable time period, the application becomes abandoned as to the United States. An authorization to charge the basic national fee to a deposit account, credit card or any other means may NOT be submitted by facsimile.
    US.15 SEARCH FEE
    37 CFR 1.492(b)(1), 37 CFR 1.492(b)(2), 37 CFR 1.492(b)(3), 37 CFR 1.492(b)(4)If the applicant pays the basic national fee and a copy of the international application has been received within the time limit for national phase entry, but the search fee has not been paid, a notice is sent to the applicant which sets a time period for furnishing the search fee. The applicant can then furnish the search fee provided a surcharge fee is paid. The amounts of the search fee and the surcharge are provided in Annex US.I. The period set in the notice is extendable as provided in 37 CFR 1.136(a) (refer to paragraph US.43(i)).
    US.16 EXAMINATION FEE
    37 CFR 1.492(c)(1), 37 CFR 1.492(c)(2)If the applicant pays the basic national fee and a copy of the international application has been received within the time limit for national phase entry, but the examination fee has not been paid, a notice is sent to the applicant which sets a time period for furnishing the examination fee. The applicant can then furnish the examination fee provided a surcharge fee is paid. The amounts of the examination fee and the surcharge are provided in Annex US.I. The period set in the notice is extendable as provided in 37 CFR 1.136(a) (refer to paragraph US.43(i)).
    US.17 APPLICATION SIZE FEE
    37 CFR 1.492(j)For any US national phase application or national application, where the specification and drawings exceed 100 sheets of paper, for each additional 50 sheets, or fraction thereof, an application size fee will apply. For a US national phase application, the application size fee is calculated on the basis of the number of sheets of specification and drawings in the published international application, without regard to the language of the publication. The specification includes the description, claims, and abstract. Certain other sheets typically present in the international publication are not taken into account in determining the application size fee, i.e., Article 19 amendments/statement, the international search report, and any additional bibliographic sheets (other than the cover sheet containing the abstract). The amount of the fee is in Annex US.I.
    US.18 ADDITIONAL CLAIMS FEE
    37 CFR 1.75(c), 37 CFR 1.492(d), 37 CFR 1.492(e), 37 CFR 1.492(f), 37 CFR 1.492(g), 37 CFR 1.121(c)An additional claim fee is applicable for each independent claim in excess of three, for each claim in excess of 20, and for an application that contains multiple dependent claim(s). The number of additional claims for fee purposes must be computed on the basis of the claims valid at the beginning of the national phase (that is, where amendments have been filed, the claims as amended under PCT Article 19 or PCT Rule 66.1, 66.3 and 66.4 or the claims as amended in a preliminary amendment submitted in compliance with the applicable US regulations by the applicant upon entering the national phase under PCT Article 28 or 41). Where the applicant fails to pay the correct amount of the additional claims fee, the USPTO will send a notification of fee deficiency and invite payment of the fee at the amount applicable on the date of payment. To avoid abandonment, the fee must be paid or the claims canceled by amendment prior to the expiration of the time period set for reply to any notification of fee deficiency.
    US.19 FEE REDUCTION FOR “SMALL ENTITY” OR “MICRO ENTITY”
    37 CFR 1.27, 37 CFR 1.28, 37 CFR 1.29, 37 CFR 1.33, 37 CFR 1.492Applicants having a “small entity” or “micro entity” status are entitled to a reduction of 60% or 80%, respectively, in certain fees.
    US.20
    “Small entity” status can be established by a single written assertion of entitlement to “small entity” status without use of a specialized form. “Small entity” status may also be established by checking the box provided on the application data sheet discussed in paragraph US.06 or the Form PTO-1390 for entering the national phase discussed in paragraph US.05, or by payment of the exact basic national fee for a small entity. For a US national phase application with an international filing date on or after 16 September 2012, parties who may assert “small entity” status include the applicant, a patent practitioner of record or a practitioner acting in a representative capacity, the inventor or a joint inventor (if the inventor is an applicant), or the assignee. Assertion of small entity status requires a determination of entitlement to that status. For a US national phase application with an international filing date prior to 16 September 2012, parties who may assert “small entity” status include a registered practitioner, one of the inventors, or a partial assignee (an assignee assertion of small entity status must be filed by a 37 CFR 1.33(b) party).
    US.21
    “Micro entity” status can be established under either the “gross income” or “institution of higher education” basis. Under either basis, an application must also satisfy the requirements for “small entity” status. Unlike “small entity” status, “micro entity” status cannot be established by a simple statement alleging entitlement to “micro entity” status, by checking the box provided on the application data sheet or the Form PTO-1390 for entering the national phase, or by payment of the exact basic national fee. Rather, a certification of entitlement to “micro entity” status must be submitted. The USPTO provides Forms PTO/SB/15A and PTO/SB/15B for use in certifying “micro entity” status. These forms are available on the USPTO Web site at: https://www.uspto.gov/patents/apply/forms; copies of the certification forms are also in Annex US.V and US.VI. The certification of “micro entity” status must be executed by a party authorized under 37 CFR 1.33(b). It should be noted that a registered practitioner is required to sign the certification for any applicant that is a corporation or organization; an officer of an assignee corporate applicant, for example, is not authorized to sign the certificate of “micro entity” status.
    US.22 FEES (MANNER OF PAYMENT)
    37 CFR 1.23The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex US.I. A copy of a Credit Card Payment Form (Form PTO-2038) and the instructions thereto is attached as Annex US.II. It should be noted that an authorization to charge the basic national fee to a deposit account, credit card or any other means may NOT be submitted by facsimile.
    US.23 OATH OR DECLARATION OF THE INVENTOR
    35 USC 115, 35 USC 371(c)(4), 35 USC 371(d), 37 CFR 1.497, 37 CFR 1.495(c), 37 CFR 1.63, 37 CFR 1.64As a result of changes implemented by the America Invents Act (AIA), the requirements for the oath or declaration of the inventor depend on whether an application was filed before or after 16 September 2012. A sample of an appropriate declaration for use in applications with an international filing date on or after 16 September 2012 is provided in Annex US.VII. In addition, Box No. VIII(iv) of the PCT request form (PCT/RO/101) contains a “DECLARATION: INVENTORSHIP (only for the purposes of the designation of the United States of America).” The declaration contained in Box No. VIII(iv) of the PCT request form (PCT/RO/101) was updated in the 16 September 2012 revision of the PCT request form (PCT/RO/101) to comply with the revised US law. Accordingly, the “DECLARATION: INVENTORSHIP (only for the purposes of the designation of the United States of America)” contained in previous versions of the PCT request form (PCT/RO/101) does not comply with current US law and will not be accepted by the USPTO with respect to applications with an international filing date on or after 16 September 2012.
    US.24
    For applications with an international filing date on or after 16 September 2012, a “substitute statement” may be submitted in lieu of an oath or declaration of the inventors if the inventor is deceased, is under a legal incapacity, has refused to execute the oath or declaration, or cannot be found or reached after diligent effort (a sample “substitute statement” form is provided in Annex US.VIII).
    US.25
    For applications with an international filing date before 16 September 2012, if the applicant pays the basic national fee and a copy of the international application is received within the time limit for entry into the national phase, but an oath or declaration of the inventor is not furnished, a notice shall be sent to the applicant which sets a time period for furnishing the oath or declaration. The applicant can then furnish the oath or declaration provided that a surcharge is paid. The amount of the surcharge is indicated in Annex US.I. The time period set in the notice will be two months from the date of the notice or 32 months from priority date, whichever is later. The time period set in the notice is extendable as provided for in 37 CFR 1.136 (a) (refer to paragraph US.43(i)).
    US.26
    For applications with an international filing date on or after 16 September 2012, the submission of an “ADS” (refer to paragraph US.06) identifying each inventor and providing each inventor’s residence and mailing address will permit the applicant to postpone submission of the oath or declaration of the inventor (or substitute statement, if applicable) until the application is otherwise in condition for allowance. In such cases, the USPTO will issue a Notice Of Acceptance (Form PCT/DO/EO/903) and refer the application for publication and examination; however, the Notice Of Acceptance (Form PCT/DO/EO/903) will indicate that the oath or declaration requirement has not yet been satisfied.
    US.27 POWER OF ATTORNEY
    37 CFR 1.31, 37 CFR 1.32No representation of the applicant by an attorney or agent is required where the applicant is an individual or individuals; however, a juristic entity (e.g., organizational assignee) must be represented by an attorney or agent. Where an attorney or agent is to represent an applicant, a power of attorney signed by the applicant/inventor to an attorney or agent registered to practice before the USPTO is required. Sample power of attorney forms for use in an application with an international filing date on or after 16 September 2012 (Forms PTO/AIA/80, 81 and 82) are in Annexes US.IX-XI. It is highly advisable to be represented by an attorney or agent.
    US.28 INFORMATION DISCLOSURE STATEMENT
    37 CFR 1.56, 37 CFR 1.97, 37 CFR 1.98The applicant must (to be prudent) file with the USPTO, not later than three months from the date of entry of the national phase, an information disclosure statement. Such statement must disclose all information of which the applicant, or any other person substantively involved with the preparation of the application or its prosecution, is aware which is material to the patentability of the invention. Such information is material to patentability when it is not cumulative to information already of record in the application, and (1) it establishes, by itself or in combination with other information, a prima facie case of unpatentability of a claim; or (2) it refutes, or is inconsistent with, a position the applicant takes in (i) opposing an argument of unpatentability relied upon by the Office, or (ii) asserting an argument of patentability. A prima facie case of unpatentability is established when the information compels a conclusion that a claim is unpatentable by the preponderance of evidence, burden of proof standard, giving each term in the claim its broadest reasonable construction consistent with the description, and before any consideration is given to evidence which may be submitted in an attempt to establish a contrary conclusion of patentability.
    US.29
    The information disclosure statement must include:(1) a listing (preferably on Forms PTO/SB/08a and 08b, refer to Annex US.XII) of patents, applications, publications or other information. US patents and US patent applications must be listed in a section separately from citations of other documents. Each page of the listing must include:(i) the application number of the application in which the information disclosure statement is being submitted;(ii) a column that provides a space, next to each document to be considered, for the examiner’s initials;(iii) a heading that clearly indicates that the list is an information disclosure statement;(2) a copy of each listed item except for US patents and US patent application publications;(3) for each item listed which is not in the English language, a concise explanation of its relevance.(4) a clear written assertion (preferably on Form PTO/SB/08c, refer to Annex US.XII) that the information disclosure statement is accompanied by the applicable information disclosure statement size fee under §1.17(v) or a clear written assertion that no information disclosure statement size fee under §1.17(v) is required.
    US.30
    Applicants may also file an information disclosure statement via Patent Center by using the Information Disclosure Statement-Patent Center-auto-load- version (SB/08-Patent Center) which is available on the USPTO Web site at: https://www.uspto.gov/patents/apply/forms. The SB/08-Patent Center is a comprehensive form that permits users to cite patent and non-patent documents, make information disclosure statement timing statements and pay timing fees, and make information disclosure statement size fee assertions and pay size fees.
    US.31
    35 USC 371, 37 CFR 1.97, 37 CFR 1.98Note, however, that the examiner will consider the documents cited in the international search report in a PCT national phase application when the Form PCT/DO/EO/903 (which is sent to notify the applicant after he has entered the national phase of the acceptance of the international application under 35 USC 371) indicates that both the international search report and the copies of the prior art documents are present in the national phase file. In such a case, the examiner will consider the documents from the international search report and indicate by a statement in the first Office action that the information has been considered. There is no requirement that the examiner list the documents on a Notice of References Cited (Form PTO-892). In order to have these prior art documents printed on any resulting patent, the applicant must provide a separate listing (preferably on Forms PTO/SB/08a and 08b). If Form PCT/DO/EO/903 does not indicate that both the international search report and copies of the prior art documents are present in the national stage file, the applicant must follow the procedures set forth in 37 CFR 1.97 and 1.98 (concerning the filing and content of information disclosure statements), as outlined above, in order to ensure that the examiner considers the documents cited in the international search report.
    US.32
    37 CFR 1.97(e)A translation into English of the pertinent portions in a non-English language document must be transmitted if an existing translation is readily available to the applicant. Any additional information material to the claimed invention which becomes available after the transmittal of the statement should, within three months of its availability, be submitted by a supplemental information disclosure statement. Failure to disclose completely any pertinent information may result in any resulting US patent based on the application being unenforceable. A fee or an appropriate statement under 37 CFR 1.97(e) is required if an information disclosure statement is submitted more than three months after entry to the national stage and after a first Office action is mailed, but before a final Office action or a notice of allowance is issued. After a final Office action or a notice of allowance has been issued but before payment of the issue fee, a fee and an appropriate statement under 37 CFR 1.97(e) will be required to have an information disclosure statement considered.
    US.33 AMENDMENT OF THE APPLICATION; TIME LIMITS
    PCT Article 28The applicant may make the following amendments, provided no new matter is introduced in the disclosure of the invention:35 USC 133, 37 CFR 1.111, 37 CFR 1.112, 37 CFR 1.113, 37 CFR 1.114, 37 CFR 1.115, 37 CFR 1.116, 37 CFR 1.117, 37 CFR 1.118, 37 CFR 1.119, 37 CFR 1.120, 37 CFR 1.121, 37 CFR 1.122, 37 CFR 1.123, 37 CFR 1.124, 37 CFR 1.125, 37 CFR 1.126, 37 CFR 1.127(i) before the final decision of the USPTO to grant or to reject the patent, the applicant may file amendments to the description, claims and drawing(s) of his own volition or when specifically required by the examiner;37 CFR 1.116(ii) after the final decision, amendments may be made only by cancelling claims or complying with any requirement of form which has been made by the examiner, or by presenting rejected claims in better form for reconsideration on appeal.
    US.34
    37 CFR 1.121, 37 CFR 1.125For the manner of making amendments and the required format, refer to the applicable US regulations, in particular 37 CFR 1.121 and 1.125. One of the requirements for effectively amending claims in a national phase application is a complete listing of all claims ever presented, including the text of all pending and withdrawn claims. The status of every claim in such listing must be indicated after its claim number by one of the following identifiers in a parenthetical expression: (Original), (Currently Amended), (Canceled), (Withdrawn), (Previously Presented), (New), and (Not Entered). All “currently amended” claims must include markings to indicate the changes made relative to the immediate prior version of the claims: underlining to indicate additions, strike-through or double brackets for deletions (refer to 37 CFR 1.121(c) for further details regarding the format of claim amendments). Applicants should note that, in an amendment to the claims filed in a national phase application, the status identifier “original” must be used for claims that had been presented on the international filing date and not modified or canceled. The status identifier “previously presented” must be used in any amendment submitted during the national phase for any claims added or modified under PCT Articles 19 or 34 in the international phase that were subsequently entered in the national phase. The status identifier “canceled” must be used in any amendment submitted during the national phase for any claims canceled under an Article 19 or 34 amendment in the international phase and subsequently entered in the national phase.Example 1: Original claims 1-10; Article 19/34 filed with claims 1-20 listed on the replacement sheet wherein claims 1-10 were unchanged and claims 11-20 were added; the status of the claims prior to any further amendment under 37 CFR 1.121 would be as follows: claims 1-10 as “original” and claims 11-20 as “previously presented.”Example 2: Original claims 1-10; Article 19/34 filed with claims 1-9 listed on the replacement sheet wherein claims 1-9 were unchanged and claim 10 was cancelled; the status of the claims prior to any further amendment under 37 CFR 1.121 would be as follows: claims 1-9 as “original” and claim 10 as “cancelled.”Example 3: Original claims 1-10; Article 19/34 filed with claims 1-9 listed on the replacement sheet wherein claim 1 was unchanged, claim 2 was cancelled and claims 3-10 were renumbered as claims 2-9; the status of the claims prior to any further amendment under 37 CFR 1.121 would be as follows: claim 1 as “original, ”, claims 2-9 as “previously presented” and claim 10 as “cancelled.”Example 4: Original claims 1-10; Article 19/34 filed with claims 1-10 listed on the replacement sheet wherein claims 1 and 3-10 were unchanged and claim 2 was cancelled; the status of the claims prior to any further amendment under 37 CFR 1.121 would be as follows: claims 1 and 3-10 as “original” and claim 2 as “cancelled.”Proposed amendments that are not submitted in compliance with the applicable regulations will not be entered. For example, the submission with the national phase documents of a revised set of claims, absent a preliminary amendment to the claims in compliance with 37 CFR 1.121(c), will not be effective to amend the claims of record in the application.
    US.35 FEE FOR GRANT
    37 CFR 1.18A patent issue fee and any required publication fee must be paid within a nonextendable period of three months after the mailing of a written notice of allowance. The amount of the said fee is indicated in Annex US.I.
    US.36 MAINTENANCE FEES
    37 CFR 1.20After a patent has been issued, a fee must be paid for maintaining the patent in force beyond four years after grant. The first such fee is due by three years and six months after issue of the patent. Where the applicant fails to pay within that time limit, he may receive an invitation to pay from the USPTO. Lack of receipt of such an invitation will not be accepted as an excuse for non-payment of the maintenance fee. Payment can then still be made together with a surcharge within the six months following the due date. The amount of the maintenance fees, of the surcharge, and their due dates are indicated in Annex US.I.
    US.37 EARLY START OF NATIONAL PHASE BEFORE THE USPTO
    PCT Article 23(2), 35 USC 371(f)If the applicant desires the examination by the USPTO of his application to start earlier than the expiration of the time limit for entry into the national phase, he must file in writing an express request therefor and submit the basic national fee, a copy of the international application, a translation of the international application (if required) and an oath or declaration of the inventor. The express request may be accomplished, for example, by checking the appropriate box on the Form PTO-1390 for entry into the national phase referred to in paragraph US.05 and reproduced in Annex US.III.
    US.38
    The mechanism for deferring submission of the oath or declaration of the inventor by filing an “application data sheet” (refer to paragraph US.26) is not applicable where the applicant requests early examination by the USPTO. Such early examination of the application requires submission of the oath or declaration (or the substitute statement, if applicable).
    US.39 CONTINUATION, CONTINUATION-IN-PART OR DIVISIONAL
    35 USC 111, 35 USC 120, 35 USC 365(c), 35 USC 371(c), 37 CFR 1.76, 37 CFR 1.78, 37 CFR 1.495(h)The applicant may—instead of entering the national phase—file a continuation, continuation-in-part or divisional of the international application (hereinafter referred to as “the continuing application”), provided the international application designates the US and is not (considered) withdrawn or abandoned at the time of filing the continuing application. An international application is considered abandoned after the expiration of the time limit for entry into the national phase, which is 30 months after the priority date, if a copy of the international application and the basic national fee have not been received in the USPTO. When the basic national fee has been paid and a copy of the international application has been communicated by the International Bureau within the time limit for entry into the national phase, but additional national phase requirements have not been submitted (e.g., an English translation and/or additional required fees), a notice will be sent to the applicant to furnish such additional required materials. If the applicant does not properly respond to the notice within the time period set by the USPTO, the international application will become abandoned.
    US.40
    Basically, the normal procedure for filing continuing applications applies. The applicant must submit an application data sheet (refer to paragraph US.06) claiming the benefit of the international filing date of the international application designating the US. The reference to the international application in the application data sheet must identify the international application by international application number and international filing date, and it must indicate the relationship of the applications (i.e., continuation, continuation-in-part, or divisional). This reference to the international application must be submitted during the pendency of the continuing application, and within the later of four months from the actual filing date of the continuing application or sixteen months from the filing date of the international application. This time limit is not extendable. The USPTO may require the filing of a certified copy of the international application together with a translation thereof into English where it was filed in another language. The continuing application may be filed in a language other than English, provided a translation into English is furnished together with a surcharge (refer to Annex US.I) within the time period fixed by the USPTO in an invitation. Where, at the time of filing the continuing application, the basic filing fee has not been paid or the oath or declaration of the inventor has not been furnished, the requirement may still be complied with against payment of a surcharge within the time period fixed by the USPTO in an invitation. Use of the Form PTO-1390 reproduced in Annex US.III is not appropriate for the filing of a continuing application.
    US.41 REVIEW UNDER ARTICLE 25 OF THE PCT
    PCT Article 25, PCT Rule 51, 35 USC 367, 37 CFR 1.182The applicable procedure is outlined in paragraphs NP 6.018 to NP 6.021 of the National Phase. If, upon review under PCT Article 25, the USPTO finds no error or omission on the part of the receiving Office or the International Bureau, a petition may be taken to the Commissioner of the USPTO, which must contain a statement of the facts involved and the point or points to be reviewed and the action requested. The fee for petition indicated in Annex US.I must be paid at the same time. Any such petition not filed within two months from the action complained of may be dismissed as untimely.
    US.42 EXCUSE OF DELAYS IN MEETING TIME LIMITS
    PCT Article 48(2), PCT Rule 82bis, 37 CFR 1.137An application abandoned for failure to comply with a time limit during the international phase or for failure to prosecute within a statutory time period before the USPTO, may be revived as a pending application if it is shown to the satisfaction of the USPTO that the delay was unintentional. Any petition to revive an abandoned application must be filed in writing and be accompanied by a petition fee, the amount of which is indicated in Annex US.I, by a proper response to the failed action unless such response has been previously submitted and by a statement indicating that the entire delay was unintentional. The USPTO has provided Form PTO/SB/64PCT (refer to Annex US.XIV) for use as a petition to revive an unintentionally abandoned international application (use of the form is optional).
    US.43
    The US rules provide for two distinct procedures to extend the period for action or response in particular situations (the procedure which is available for use in a particular situation will depend upon the circumstances):37 CFR 1.136(i) 37 CFR 1.136(a) permits an applicant, against payment of an extension fee (refer to Annex US.I), to file a petition for extension of time up to five months after the end of the time period set to take action except(1) where excluded,(2) in interference proceedings,(3) where the applicant has been notified otherwise in an Office action or(4) where no further time is available under a set statutory period.The petition and fee can be filed prior to or with or after the response, but the fee must be paid within the time extended. The filing of the petition and fee will extend the time period to take action up to five months dependent on the amount of the fee paid except in those circumstances noted above. The time limit to furnish the basic national fee and a copy of the international application under 37 CFR 1.495 may not be extended.(ii) After entry into the national phase, 37 CFR 1.136(b) provides for petitions for extensions of time of shortened statutory or non-statutory time periods upon a showing of sufficient cause when the procedure of 37 CFR 1.136(a) is not available and if additional time is still available under a shortened statutory period or if no statutory period applies.Although the petition and fee procedure of 37 CFR 1.136(a) will normally be available within five months after a set period for response has expired, an extension request for cause under 37 CFR 1.136(b) must be filed during the set period for response. The amount of the petition fee is indicated in Annex US.I.
    US.44 RECORDING OF ASSIGNMENT DOCUMENTS
    37 CFR 3.21, 37 CFR 3.24, 37 CFR 3.28, 37 CFR 3.31The USPTO will record assignments relating to international patent applications which designate the US. The assignment must identify the application by the international application number. Each document submitted for recording must be accompanied by a cover sheet referring to the international application. A sample recordation form cover sheet is contained in Annex US.XIII. Each cover sheet must contain:1) the name of the party conveying the interest;2) the name and address of the party receiving the interest;3) a description of the interest conveyed or transaction to be recorded;4) the application number;5) the name and address of the party to whom correspondence concerning the request to record the document should be mailed;6) the number of applications, patents or registrations identified in the cover sheet and the total fee;7) the date the document was executed;8) a statement by the party submitting the document that to the best of the person’s knowledge and belief, the information contained on the cover sheet is true and correct and any copy submitted is a true copy of the original document; and9) the signature of the party submitting the document.
    US.45
    Assignments may be filed electronically via Assignment Center which has replaced the previous Electronic Patent Assignment System (EPAS). The Assignment Center may be accessed directly at the following web address: https://assignmentcenter.uspto.gov. General information about the electronic filing of assignments may be obtained from the Assignment Recordation Branch Customer Service Desk at (1-571) 272-3350 from 8:30 a.m. to 5 p.m. EST or via e-mail directed to assignmentcenter@uspto.gov. Applicants should note that assignments may NOT be filed via the Patent Center.
    US.46 PUBLICATION OF APPLICATIONS
    37 CFR 1.211, 37 CFR 1.213, 37 CFR 1.221Each international application in compliance with 35 USC 371 and continuing application (refer to paragraph US.39) from an international application will be published promptly after the expiration of eighteen months from the earliest filing date for which a benefit is sought, unless the application (1) is no longer pending; (2) is subject to national security provisions; (3) has issued as a patent; or (4) was filed with a nonpublication request in compliance with 37 CFR 1.213(a). (A nonpublication request may not be filed if the international application designated any States in addition to or other than the United States of America.) The publication fee (refer to Annex US.I) must be paid before the patent will be granted. If the application is not published under this section, the publication fee (if paid) will be refunded.
    US.47 PROVISIONAL RIGHTS
    35 USC 154(d), 37 CFR 1.41735 USC 154(d) provides for provisional rights based on international applications. A patent will include the right to obtain a reasonable royalty from any person who partakes of any of the actions listed in 35 USC 154(d)(1) during the period commencing on the date of the publication under PCT Article 21(2)(a) of the international application designating the US, if the publication is in English, or if the publication is in a language other than English, on the date the USPTO receives a translation of the publication in the English language, and ending on the date the patent is issued. The submission of the international publication or an English language translation of the international application pursuant to 35 USC 154(d)(4) must clearly identify the international application to which it pertains (37 CFR 1.5(a)) and, unless it is being submitted pursuant to 37 CFR 1.495, be clearly identified as a submission pursuant to 35 USC 154(d)(4). Otherwise, the submission will be treated as a filing under 35 USC 111(a). Such submissions should be marked “Mail Stop PCT.” The right to obtain a reasonable royalty is not available unless the invention as claimed in the patent is substantially identical to the invention claimed in the published international application.
    US.48 FORMS
    All forms are available online at: https://www.uspto.gov/patents/apply/forms

    Annexes

    Annex US.I - Fees
    The amounts of these fees change periodically. The United States Patent and Trademark Office or the current USPTO Fee Schedule should be consulted for the applicable amounts at: https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule.“Small entity” status can be established by a simple written assertion of entitlement to “small entity” status, or by payment of the exact amount of the “small entity” basic national fee as set forth in 37 CFR 1.492(a) (refer to 37 CFR 1.27, paragraph US.14 and Annexes US.V and US.VI).For details on the establishment of “micro entity” status, refer to page 75033 at: https://www.uspto.gov/aia_implementation/77fr75019.pdf.
    National fee
    A national fee calculation sheet appears in Annex US.III.
    Basic national fee (37 CFR 1.492(a))
    350 USDSmall entity (140 USD)Micro entity (70 USD)
    Search fee (37 CFR 1.492(b)):
    — IPRP (Chapter II) prepared by the IPEA/US or the written opinion was prepared by the ISA/US, all claims presented satisfied provisions of PCT Article 33(1) to (4)
    0 USDSmall entity (0 USD)Micro entity (0 USD)
    — International search fee paid to the USPTO as ISA
    150 USDSmall entity (60 USD)Micro entity (30 USD)
    — Search report has been prepared by an ISA other than the US and is provided or has been previously communicated by the IB to the USPTO
    580 USDSmall entity (232 USD)Micro entity (116 USD)
    — All other situations
    770 USDSmall entity (308 USD)Micro entity (154 USD)
    Examination fee (37 CFR 1.492(c)):
    — IPRP (Chapter II) prepared by the IPEA/US or the written opinion was prepared by the ISA/US, all claims presented satisfied provisions of PCT Article 33(1) to (4)
    0 USDSmall entity (0 USD)Micro entity (0 USD)
    — All other situations
    880 USDSmall entity (352 USD)Micro entity (176 USD)
    For every 50 sheets or fraction thereof of the specification and drawings that exceeds 100 sheets (excluding any sequence listing or computer program listing filed in an electronic medium) (37 CFR 1.492(j))
    450 USDSmall entity (180 USD)Micro entity (90 USD)
    Additional claims fee, where there are more than three claims in independent form, for each independent claim in excess of 3 (37 CFR 1.492(d))
    600 USDSmall entity (240 USD)Micro entity (120 USD)
    Additional claims fee, where there are more than 20 claims (whether in independent or dependent form), for each claim in excess of 20 (37 CFR 1.492(e))
    200 USDSmall entity (80 USD)Micro entity (40 USD)
    A multiple dependent claim fee, where the application contains one or more multiple dependent claim(s), per application (37 CFR 1.492(f))
    In computing the claims fee, a multiple dependent claim is to be treated as if it were the same number of separate claims as the number of claims on which it depends; the same applies to any claim depending from a multiple dependent claim (e.g., a claim depending on three claims requires a fee of three dependent claims).925 USDSmall entity (370 USD)Micro entity (185 USD)
    Surcharge for filing any of the search fee, the examination fee, or the oath or declaration after the date of commencement of the national stage (37 CFR 1.492(h))
    170 USDSmall entity (68 USD)Micro entity (34 USD)
    Processing fee for filing English translation of an international application after the time limit applicable under PCT Article 22 or 39(1) (37 CFR 1.492(i))
    150 USDSmall entity (60 USD)Micro entity (30 USD)
    Reductions of the national fee
    Reductions of the national fee are indicated under the national fees listed above.
    Other fees
    Publication fee (37 CFR 1.18(d)(1))
    0 USDSmall entity (0 USD)Micro entity (0 USD)
    Publication fee for republication (37 CFR 1.18(d)(3))
    344 USDSmall entity (344 USD)Micro entity (344 USD)
    Utility issue fee (37 CFR 1.18(a)(1))
    1,290 USDSmall entity (516 USD)Micro entity (258 USD)
    Reissue issue fee (37 CFR 1.18(a))
    1,290 USDSmall entity (516 USD)Micro entity (258 USD)
    Maintenance fees:
    Maintenance fees are payable for international applications filed on or after 12 December 1980. Check the current USPTO Fee Schedule for current amounts of the maintenance fees at the time payment is due at: https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule.
    — for maintaining patent in force beyond four years (due by three years and six months after grant) (37 CFR 1.20(e))
    2,150 USDSmall entity (860 USD)Micro entity (430 USD)
    — for maintaining patent in force beyond eight years (due seven years and six months after grant) (37 CFR 1.20(f))
    4,040 USDSmall entity (1,616 USD)Micro entity (808 USD)
    — for maintaining patent in force beyond 12 years (due by 11 years and six months after grant) (37 CFR 1.20(g))
    8,280 USDSmall entity (3,312 USD)Micro entity (1,656 USD)
    Mega-Sequence Listing filing fee:
    — submission of sequence listing of 300 MB to 800 MB (37 CFR 1.21(o)(1))
    1,140 USDSmall entity (456 USD)Micro entity (228 USD)
    — submission of sequence listing of more than 800 MB (37 CFR 1.21(o)(2))
    11,290 USDSmall entity (4,516 USD)Micro entity (2,258 USD)
    Patent application processing fees
    Extension fee for response pursuant to 37 CFR 1.136(a):
    — within first month (37 CFR 1.17(a)(1))
    235 USDSmall entity (94 USD)Micro entity (47 USD)
    — within second month (37 CFR 1.17(a)(2))
    690 USDSmall entity (276 USD)Micro entity (138 USD)
    — within third month (37 CFR 1.17(a)(3))
    1,590 USDSmall entity (636 USD)Micro entity (318 USD)
    — within fourth month (37 CFR 1.17(a)(4))
    2,495 USDSmall entity (998 USD)Micro entity (499 USD)
    — within fifth month (37 CFR 1.17(a)(5))
    3,395 USDSmall entity (1,358 USD)Micro entity (679 USD)
    Submission of information disclosure statement pursuant to 37 CFR 1.97(c) and (d) (37 CFR 1.17(p))
    280 USDSmall entity (112 USD)Micro entity (56 USD)
    For filing a petition to the Commissioner
    Petition fee:
    — for restoration of the right of priority to a prior foreign application under 37 CFR 1.55(c) (37 CFR 1.17(m)(3))
    2,260 USDSmall entity (904 USD)Micro entity (452 USD)
    — for acceptance of an unintentionally delayed claim for priority to a prior foreign application under 37 CFR 1.55(e), delay less than or equal to two years (37 CFR 1.17(m)(2))
    2,260 USDSmall entity (904 USD)Micro entity (452 USD)
    — for acceptance of an unintentionally delayed claim for priority to a prior foreign application under 37 CFR 1.55(e), delay greater than two years (37 CFR 1.17(m)(1))
    3,000 USDSmall entity (1,200 USD)Micro entity (600 USD)
    — for acceptance of a certified copy of a foreign priority application submitted after the expiration of the applicable time period under 37 CFR 1.55(f) (37 CFR 1.17(g)(1))
    235 USDSmall entity (94 USD)Micro entity (47 USD)
    — for restoration of the right of priority to a prior-filed US provisional application under 37 CFR 1.78(b) (37 CFR 1.17(m)(3))
    2,260 USDSmall entity (904 USD)Micro entity (452 USD)
    — for acceptance of an unintentionally delayed claim for the benefit of a prior-filed US provisional application under 37 CFR 1.78(c), delay less than or equal to two years (37 CFR 1.17(m)(2))
    2,260 USDSmall entity (904 USD)Micro entity (452 USD)
    — for acceptance of an unintentionally delayed claim for the benefit of a prior-filed US provisional application under 37 CFR 1.78(c), delay greater than two years (37 CFR 1.17(m)(1))
    3,000 USDSmall entity (1,200 USD)Micro entity (600 USD)
    — for acceptance of an unintentionally delayed claim for the benefit of a prior-filed US non-provisional application or international application under 37 CFR 1.78(e), delay less than or equal to two years (37 CFR 1.17(m)(2))
    2,260 USDSmall entity (904 USD)Micro entity (452 USD)
    — for acceptance of an unintentionally delayed claim for the benefit of a prior-filed US non-provisional application or international application under 37 CFR 1.78(e), delay greater than two years (37 CFR 1.17(m)(1))
    3,000 USDSmall entity (1,200 USD)Micro entity (600 USD)
    — for revival of an unintentionally abandoned application under 37 CFR 1.137(a), delay less than or equal to two years (37 CFR 1.17(m)(2))
    2,260 USDSmall entity (904 USD)Micro entity (452 USD)
    — for revival of an unintentionally abandoned application under 37 CFR 1.137(a), delay greater than two years (37 CFR 1.17(m)(1))
    3,000 USDSmall entity (1,200 USD)Micro entity (600 USD)
    — for decisions on questions not specifically provided for (37 CFR 1.182) (37 CFR 1.17(f))
    450 USDSmall entity (180 USD)Micro entity (90 USD)
    How can payment of fees be effected?
    All payments must be made in USDAny payment may be effected by:— United States Postal Service money order (37 CFR 1.23)— check (37 CFR 1.23)— USPTO deposit account (37 CFR 1.25)— credit card (37 CFR 1.23(b))— debit card, including prepaid cards, which do not require the use of a PIN— wire transfer— electronic funds transfer (EFT) via ACH Debit through an online account maintained in Financial Manager and settled via the ACH NetworkMoney orders and checks must be payable in United States dollars to the “Director of the U.S. Patent and Trademark Office.” Remittance from foreign countries must be payable and immediately negotiable in the United States of America for the full amount of the fee required. All payments must indicate the complete application number, the name of applicant and the type of fee being paidPayment for all fees may be made using one of the following credit cards: MasterCard, VISA, American Express and Discover. Applicants making payments by credit card should use form PTO-2038 (National Chapter Annex US.II). Blanket authorizations of payments to credit cards will not be accepted. The fee amount must be specified. Credit card authorization may be used only one time. Subsequent charges will require a new authorization. ADVISORY: If filing by Patent Center, do NOT attach the PTO-2038 form as a PDF along with your submission, by doing so your credit card information may be displayed via the Patent Center. To protect your information, it is recommended paying fees online by using the electronic payment method. The PTO-2038 should only be mailed or faxed to the USPTO. The PTO-2038 may not be faxed to the USPTO when paying the basic national fee.For information concerning electronic transfer of funds to the USPTO, please contact the Office of Finance at:
    (571) 272-6400    Applicants choosing to pay by wire transfer or EFT should ensure that the full amount of the fee due is received by the USPTO. There is a danger of loss of rights if bank charges are deducted.Additional information regarding acceptable methods for paying fees to the USPTO can be found at: https://www.uspto.gov/learning-and-resources/fees-and-payment/accepted-payment-methods
    Current version applicable from October 31, 2025 , printed on October 13, 2026
    100 #102 - 2026-09-28T10:28:16.882+02:00