Reducing Patent Fees for Small Entities and Micro Entities Under the Unleashing American Innovators Act of 2022

Federal RegisterMar 22, 2023

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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Parts 1 and 41

[Docket No. PTO-P-2023-0005]

RIN 0651-AD66

Reducing Patent Fees for Small Entities and Micro Entities Under the Unleashing American Innovators Act of 2022

AGENCY:

United States Patent and Trademark Office, Department of Commerce.

ACTION:

Final rule.

SUMMARY:

The United States Patent and Trademark Office (Office or USPTO) amends patent fees for small and micro entities set forth in its regulations to implement the provisions of the Consolidated Appropriations Act, 2023—which included the Unleashing American Innovators Act of 2022 (UAIA). The UAIA, signed into law on December 29, 2022, supports the USPTO's efforts to reduce the innovation ecosystem's barriers to entry. The UAIA increased fee discounts for small entities from 50% to 60% and fee discounts for micro entities from 75% to 80% for fees for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents. The UAIA also increased fee discounts for small entities from 75% to 80% for filing a basic nonprovisional utility application electronically.

DATES:

Effective date:

This final rule is effective March 22, 2023, except for the amendment to § 1.16(u) at instruction 3, which is effective on April 3, 2023.

Applicability:

The amendments to §§ 1.445(a)(5) and 1.482 shall apply to those international applications under the Patent Cooperation Treaty having a receipt date on or after April 1, 2023. The amendments to § 1.18(b)(1) shall apply to those international design applications under the Hague Agreement having a date of international registration on or after May 1, 2023.

FOR FURTHER INFORMATION CONTACT:

Brendan Hourigan, Director, Office of Planning and Budget, by telephone at 571-272-8966, or by email at

Brendan.Hourigan@uspto.gov;

or Dianne Buie, Director, Forecasting and Analysis Division, by telephone at 571-272-6301, or by email at

Dianne.Buie@uspto.gov.

SUPPLEMENTARY INFORMATION:

Purpose of This Action

The Office issues this final rule to amend 37 CFR parts 1 and 41 to reflect amendments enacted by the UAIA on December 29, 2022.

See

Consolidated Appropriations Act, 2023, Public Law 117-328. Section 107 of the UAIA, “Fee Reduction for Small and Micro Entities,” amended 35 U.S.C. 41(h)(1) and section 10(b) of the America Invents Act (AIA), Public Law 112-29, 125 Stat. 284, as amended by the SUCCESS Act, Public Law 115-273, 132 Stat. 4158, by (1) striking “50 percent” and inserting “60 percent” for fee reductions for small entities and (2) by striking “75 percent” and inserting “80 percent” for fee reductions for micro entities. Consequently, the Office is now required under 35 U.S.C. 41(h)(1) and section 10(b) of the AIA to reduce patent fees for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents by 60% for small entities and by 80% for micro entities. Section 107 of the UAIA also amended 35 U.S.C. 41(h)(3) by striking “75 percent” and inserting “80 percent” for fee reductions for small entities filing a basic nonprovisional utility application electronically under 35 U.S.C. 41(a)(1)(A). Fee rates reflecting these amended discounts for small and micro entities were made available to the public on December 29, 2022, and published on the USPTO's website,

https://www.uspto.gov/fees.

The changes in this final rule apply to any small or micro entity that pays any patent fee set forth in this final rule. The reduced fee rates (60% for small entities and 80% for micro entities) apply to any small entity asserting small entity status and to any micro entity certifying micro entity status for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents.

Due to the USPTO's requirement to provide advance notification to the World Intellectual Property Organization (WIPO) for certain fee changes before such fee changes can take effect, as provided under the Hague Agreement and the Patent Cooperation Treaty, the discount to certain small and micro fees are delayed until the expiration of the applicable notification period. The changes to § 1.18(b)(1) shall apply to those international design applications under the Hague Agreement having a date of international registration on or after May 1, 2023. Certain changes to § 1.445(a)(2) and (a)(3) shall apply to those international applications under the Patent Cooperation Treaty having a receipt date on or after April 1, 2023. The changes to § 1.445(a)(5) and § 1.482 shall take effect on April 1, 2023.

Discussion of Specific Rules

The following table shows all of the small entity and micro entity fees in 37 CFR parts 1 and 41 that are being adjusted in this final rule to reflect the new small entity and micro entity discounts. Only the fee amounts for small and micro entities set forth below are being adjusted. Any other fees paid by small and micro entities are not affected by this final rule.

Table 1—CFR Fee Changes

CFR section

Fee code

Description

Entity type

Previous fees

(dollars)

Final rule fees

(dollars)

1.16(a)

2011

Basic filing fee—Utility (paper filing also requires non-electronic filing fee under 1.16(t))

Small

$160

$128

1.16(a)

3011

Basic filing fee—Utility (paper filing also requires non-electronic filing fee under 1.16(t))

Micro

1.16(a)

4011

Basic filing fee—Utility (electronic filing for small entity)

Small

1.16(b)

2012

Basic filing fee—Design

Small

110

1.16(b)

2017

Basic filing fee—Design (CPA)

Small

110

1.16(b)

3012

Basic filing fee—Design

Micro

1.16(b)

3017

Basic filing fee—Design (CPA)

Micro

1.16(c)

2013

Basic filing fee—Plant

Small

110

1.16(c)

3013

Basic filing fee—Plant

Micro

1.16(d)

2005

Provisional application filing fee

Small

150

120

1.16(d)

3005

Provisional application filing fee

Micro

1.16(e)

2014

Basic filing fee—Reissue

Small

160

128

1.16(e)

2019

Basic filing fee—Reissue (Design CPA)

Small

160

128

1.16(e)

3014

Basic filing fee—Reissue

Micro

1.16(e)

3019

Basic filing fee—Reissue (Design CPA)

Micro

1.16(f)

2051

Surcharge—Late filing fee, search fee, examination fee, inventor's oath or declaration, or application filed without at least one claim or by reference

Small

1.16(f)

3051

Surcharge—Late filing fee, search fee, examination fee, inventor's oath or declaration, or application filed without at least one claim or by reference

Micro

1.16(g)

2052

Surcharge—Late provisional filing fee or cover sheet

Small

1.16(g)

3052

Surcharge—Late provisional filing fee or cover sheet

Micro

1.16(h)

2201

Each independent claim in excess of three

Small

240

192

1.16(h)

2204

Each reissue independent claim in excess of three

Small

240

192

1.16(h)

3201

Each independent claim in excess of three

Micro

120

1.16(h)

3204

Each reissue independent claim in excess of three

Micro

120

1.16(i)

2202

Each claim in excess of 20

Small

1.16(i)

2205

Each reissue claim in excess of 20

Small

1.16(i)

3202

Each claim in excess of 20

Micro

1.16(i)

3205

Each reissue claim in excess of 20

Micro

1.16(j)

2203

Multiple dependent claim

Small

430

344

1.16(j)

3203

Multiple dependent claim

Micro

215

172

1.16(k)

2111

Utility search fee

Small

350

280

1.16(k)

3111

Utility search fee

Micro

175

140

1.16(l)

2112

Design search Fee or Design CPA search fee

Small

1.16(l)

3112

Design Search Fee or Design CPA search fee

Micro

1.16(m)

2113

Plant search fee

Small

220

176

1.16(m)

3113

Plant search fee

Micro

110

1.16(n)

2114

Reissue search fee or Reissue (Design CPA) search fee

Small

350

280

1.16(n)

3114

Reissue search fee or Reissue (Design CPA) search fee

Micro

175

140

1.16(o)

2311

Utility examination fee

Small

400

320

1.16(o)

3311

Utility examination fee

Micro

200

160

1.16(p)

2312

Design examination fee or Design CPA examination fee

Small

320

256

1.16(p)

3312

Design examination fee or Design CPA examination fee

Micro

160

128

1.16(q)

2313

Plant examination fee

Small

330

264

1.16(q)

3313

Plant examination fee

Micro

165

132

1.16(r)

2314

Reissue examination fee or reissue (Design CPA) examination fee

Small

1,160

928

1.16(r)

3314

Reissue examination fee or reissue (Design CPA) examination fee

Micro

580

464

1.16(s)

2081

Utility application size fee—for each additional 50 sheets that exceeds 100 sheets

Small

210

168

1.16(s)

2082

Design application size fee—for each additional 50 sheets that exceeds 100 sheets

Small

210

168

1.16(s)

2083

Plant application size fee—for each additional 50 sheets that exceeds 100 sheets

Small

210

168

1.16(s)

2084

Reissue application size fee—for each additional 50 sheets that exceeds 100 sheets

Small

210

168

1.16(s)

2085

Provisional application size fee—for each additional 50 sheets that exceeds 100 sheets

Small

210

168

1.16(s)

3081

Utility application size fee—for each additional 50 sheets that exceeds 100 sheets

Micro

105

1.16(s)

3082

Design application size fee—for each additional 50 sheets that exceeds 100 sheets

Micro

105

1.16(s)

3083

Plant application size fee—for each additional 50 sheets that exceeds 100 sheets

Micro

105

1.16(s)

3084

Reissue application size fee—for each additional 50 sheets that exceeds 100 sheets

Micro

105

1.16(s)

3085

Provisional application size fee—for each additional 50 sheets that exceeds 100 sheets

Micro

105

1.16(u)

2054

Non-DOCX filing surcharge fee

Small

200

160

1.16(u)

3054

Non-DOCX filing surcharge fee

Micro

100

1.17(a)(1)

2251

Extension for response within first month

Small

110

1.17(a)(1)

3251

Extension for response within first month

Micro

1.17(a)(2)

2252

Extension for response within second month

Small

320

256

1.17(a)(2)

3252

Extension for response within second month

Micro

160

128

1.17(a)(3)

2253

Extension for response within third month

Small

740

592

1.17(a)(3)

3253

Extension for response within third month

Micro

370

296

1.17(a)(4)

2254

Extension for response within fourth month

Small

1,160

928

1.17(a)(4)

3254

Extension for response within fourth month

Micro

580

464

1.17(a)(5)

2255

Extension for response within fifth month

Small

1,580

1,264

1.17(a)(5)

3255

Extension for response within fifth month

Micro

790

632

1.17(c)

2817

Request for prioritized examination

Small

2,100

1,680

1.17(c)

3817

Request for prioritized examination

Micro

1,050

840

1.17(d)

2819

Correction of inventorship after first action on merits

Small

320

256

1.17(d)

3819

Correction of inventorship after first action on merits

Micro

160

128

1.17(e)(1)

2801

Request for continued examination (RCE)—1st request (see 37 CFR 1.114)

Small

680

544

1.17(e)(1)

3801

Request for continued examination (RCE)—1st request (see 37 CFR 1.114)

Micro

340

272

1.17(e)(2)

2820

Request for continued examination (RCE)—2nd and subsequent request (see 37 CFR 1.114)

Small

1,000

800

1.17(e)(2)

3820

Request for continued examination (RCE)—2nd and subsequent request (see 37 CFR 1.114)

Micro

500

400

1.17(f)

2462

Petitions requiring the petition fee set forth in 37 CFR 1.17(f) (Group I)

Small

210

168

1.17(f)

3462

Petitions requiring the petition fee set forth in 37 CFR 1.17(f) (Group I)

Micro

105

1.17(g)

2463

Petitions requiring the petition fee set forth in 37 CFR 1.17(g) (Group II)

Small

110

1.17(g)

3463

Petitions requiring the petition fee set forth in 37 CFR 1.17(g) (Group II)

Micro

1.17(h)

2464

Petitions requiring the petition fee set forth in 37 CFR 1.17(h) (Group III)

Small

1.17(h)

3464

Petitions requiring the petition fee set forth in 37 CFR 1.17(h) (Group III)

Micro

1.17(i)(1)

2053

Non-English translation

Small

1.17(i)(1)

2830

Processing fee, except in provisional applications

Small

1.17(i)(1)

3053

Non-English translation

Micro

1.17(i)(1)

3830

Processing fee, except in provisional applications

Micro

1.17(k)

2802

Request for expedited examination of a design application

Small

800

640

1.17(k)

3802

Request for expedited examination of a design application

Micro

400

320

1.17(m)

2453

Petition for revival of an abandoned application for a patent, for the delayed payment of the fee for issuing each patent, or for the delayed response by the patent owner in any reexamination proceeding

Small

1,050

840

1.17(m)

2454

Petition for the delayed submission of a priority or benefit claim, or to restore the right of priority or benefit

Small

1,050

840

1.17(m)

2558

Petition for the delayed payment of the fee for maintaining a patent in force

Small

1,050

840

1.17(m)

2628

Petition for the extension of the twelve-month (six-month for designs) period for filing a subsequent application

Small

1,050

840

1.17(m)

2784

Petition to excuse applicant's failure to act within prescribed time limits in an international design application

Small

1,050

840

1.17(m)

3453

Micro

525

420

1.17(m)

3454

Petition for the delayed submission of a priority or benefit claim, or to restore the right of priority or benefit

Micro

525

420

1.17(m)

3558

Petition for the delayed payment of the fee for maintaining a patent in force

Micro

525

420

1.17(m)

3628

Petition for the extension of the twelve-month (six-month for designs) period for filing a subsequent application

Micro

525

420

1.17(m)

3784

Petition to excuse applicant's failure to act within prescribed time limits in an international design application

Micro

525

420

1.17(o)

2818

Document fee for third-party submissions (see 37 CFR 1.290(f))

Small

1.17(p)

2806

Submission of an Information Disclosure Statement

Small

130

104

1.17(p)

3806

Submission of an Information Disclosure Statement

Micro

1.17(r)

2809

Filing a submission after final rejection (see 37 CFR 1.129(a))

Small

440

352

1.17(r)

3809

Filing a submission after final rejection (see 37 CFR 1.129(a))

Micro

220

176

1.17(s)

2810

For each additional invention to be examined (see 37 CFR 1.129(b))

Small

440

352

1.17(s)

3810

For each additional invention to be examined (see 37 CFR 1.129(b))

Micro

220

176

1.17(t)

2783

Petition to convert an international design application to a design application under 35 U.S.C. chapter 16

Small

1.17(t)

3783

Petition to convert an international design application to a design application under 35 U.S.C. chapter 16

Micro

1.18(a)(1)

2501

Utility issue fee

Small

600

480

1.18(a)(1)

2511

Reissue issue fee

Small

600

480

1.18(a)(1)

3501

Utility issue fee

Micro

300

240

1.18(a)(1)

3511

Reissue issue fee

Micro

300

240

1.18(b)(1)

2502

Design issue fee

Small

370

296

1.18(b)(1)

3502

Design issue fee

Micro

185

148

1.18(c)(1)

2503

Plant issue fee

Small

420

336

1.18(c)(1)

3503

Plant issue fee

Micro

210

168

1.20(c)(1)

2831

Ex parte reexamination (§ 1.510(a)) Streamlined

Small

3,150

2,520

1.20(c)(1)

3831

Ex parte Reexamination (§ 1.510(a)) streamlined

Micro

1,575

1,260

1.20(c)(2)

2812

Ex parte reexamination (§ 1.510(a)) non-streamlined

Small

6,300

5,040

1.20(c)(2)

3812

Ex parte reexamination (§ 1.510(a)) non-streamlined

Micro

3,150

2,520

1.20(c)(3)

2821

Each reexamination independent claim in excess of three and also in excess of the number of such claims in the patent under reexamination

Small

240

192

1.20(c)(3)

3821

Each reexamination independent claim in excess of three and also in excess of the number of such claims in the patent under reexamination

Micro

120

1.20(c)(4)

2822

Each reexamination claim in excess of 20 and also in excess of the number of claims in the patent under reexamination

Small

1.20(c)(4)

3822

Each reexamination claim in excess of 20 and also in excess of the number of claims in the patent under reexamination

Micro

1.20(c)(6)

2824

Petitions in a reexamination proceeding, except for those specifically enumerated in 37 CFR 1.550(i) and 1.937(d)

Small

1,020

816

1.20(c)(6)

3824

Petitions in a reexamination proceeding, except for those specifically enumerated in 37 CFR 1.550(i) and 1.937(d)

Micro

510

408

1.20(e)

2551

For maintaining an original or any reissue patent, due at 3.5 years

Small

1,000

800

1.20(e)

3551

For maintaining an original or any reissue patent, due at 3.5 years

Micro

500

400

1.20(f)

2552

For maintaining an original or any reissue patent, due at 7.5 years

Small

1,880

1,504

1.20(f)

3552

For maintaining an original or any reissue patent, due at 7.5 years

Micro

940

752

1.20(g)

2553

For maintaining an original or any reissue patent, due at 11.5 years

Small

3,850

3,080

1.20(g)

3553

For maintaining an original or any reissue patent, due at 11.5 years

Micro

1,925

1,540

1.20(h)

2554

Surcharge—3.5 year—late payment within 6 months

Small

250

200

1.20(h)

2555

Surcharge—7.5 year—late payment within 6 months

Small

250

200

1.20(h)

2556

Surcharge—11.5 year—late payment within 6 months

Small

250

200

1.20(h)

3554

Surcharge—3.5 year—late payment within 6 months

Micro

125

100

1.20(h)

3555

Surcharge—7.5 year—late payment within 6 months

Micro

125

100

1.20(h)

3556

Surcharge—11.5 year—late payment within 6 months

Micro

125

100

1.20(k)(1)

2826

Request for supplemental examination

Small

2,310

1,848

1.20(k)(1)

3826

Request for supplemental examination

Micro

1,155

924

1.20(k)(2)

2827

Reexamination ordered as a result of supplemental examination

Small

6,350

5,080

1.20(k)(2)

3827

Reexamination ordered as a result of supplemental examination

Micro

3,175

2,540

1.20(k)(3)(i)

2828

Supplemental examination document size fee—for nonpatent document having between 21 and 50 sheets

Small

1.20(k)(3)(i)

3828

Supplemental examination document size fee—for nonpatent document having between 21 and 50 sheets

Micro

1.20(k)(3)(ii)

2829

Supplemental examination document size fee—for each additional 50 sheets or a fraction thereof in a nonpatent document

Small

150

120

1.20(k)(3)(ii)

3829

Supplemental examination document size fee—for each additional 50 sheets or a fraction thereof in a nonpatent document

Micro

1.21(o)(1)

2091

Submission of sequence listings of 300Mb to 800Mb

Small

530

424

1.21(o)(1)

3091

Submission of sequence listings of 300Mb to 800Mb

Micro

265

212

1.21(o)(2)

2092

Submission of sequence listings of more than 800Mb

Small

5,250

4,200

1.21(o)(2)

3092

Submission of sequence listings of more than 800Mb

Micro

2,625

2,100

1.445(a)(1)(i)(A)

2601

Transmittal fee

Small

130

104

1.445(a)(1)(i)(A)

3601

Transmittal fee

Micro

1.445(a)(2)(i)

2602

Search fee—regardless of whether there is a corresponding application (see 35 U.S.C. 361(d) and PCT Rule 16)

Small

1,090

872

1.445(a)(2)(i)

3602

Search fee—regardless of whether there is a corresponding application (see 35 U.S.C. 361(d) and PCT Rule 16)

Micro

545

436

1.445(a)(3)(i)

2604

Supplemental search fee when required, per additional invention

Small

1,090

872

1.445(a)(3)(i)

3604

Supplemental search fee when required, per additional invention

Micro

545

436

1.445(a)(4)

2621

Transmitting application to Intl. Bureau to act as receiving office

Small

130

104

1.445(a)(4)

3621

Transmitting application to Intl. Bureau to act as receiving office

Micro

1.445(a)(5)/1.482(c)

2627

Late furnishing fee for providing a sequence listing in response to an invitation under PCT Rule 13

ter

Small

160

128

1.445(a)(5)/1.482(c)

3627

Late furnishing fee for providing a sequence listing in response to an invitation under PCT Rule 13

ter

Micro

1.482(a)(1)(i)

2605

Preliminary examination fee—U.S. was the ISA

Small

320

256

1.482(a)(1)(i)

3605

Preliminary examination fee—U.S. was the ISA

Micro

160

128

1.482(a)(1)(ii)

2606

Preliminary examination fee—U.S. was not the ISA

Small

400

320

1.482(a)(1)(ii)

3606

Preliminary examination fee—U.S. was not the ISA

Micro

200

160

1.482(a)(2)

2607

Supplemental examination fee per additional invention

Small

320

256

1.482(a)(2)

3607

Supplemental examination fee per additional invention

Micro

160

128

1.492(a)

2631

Basic national stage fee

Small

160

128

1.492(a)

3631

Basic national stage fee

Micro

1.492(b)(2)

2641

National stage search fee—U.S. was the ISA

Small

1.492(b)(2)

3641

National stage search fee—U.S. was the ISA

Micro

1.492(b)(3)

2642

National stage search fee—search report prepared and provided to USPTO

Small

270

216

1.492(b)(3)

3642

National stage search fee—search report prepared and provided to USPTO

Micro

135

108

1.492(b)(4)

2632

National stage search fee—all other situations

Small

350

280

1.492(b)(4)

3632

National stage search fee—all other situations

Micro

175

140

1.492(c)(2)

2633

National stage examination fee—all other situations

Small

400

320

1.492(c)(2)

3633

National stage examination fee—all other situations

Micro

200

160

1.492(d)

2614

Each independent claim in excess of three

Small

240

192

1.492(d)

3614

Each independent claim in excess of three

Micro

120

1.492(e)

2615

Each claim in excess of 20

Small

1.492(e)

3615

Each claim in excess of 20

Micro

1.492(f)

2616

Multiple dependent claim

Small

430

344

1.492(f)

3616

Multiple dependent claim

Micro

215

172

1.492(h)

2617

Search fee, examination fee or oath or declaration after the date of commencement of the national stage

Small

1.492(h)

3617

Search fee, examination fee or oath or declaration after the date of commencement of the national stage

Micro

1.492(i)

2618

English translation after thirty months from priority date

Small

1.492(i)

3618

English translation after thirty months from priority date

Micro

1.492(j)

2681

National stage application size fee—for each additional 50 sheets that exceeds 100 sheets

Small

210

168

1.492(j)

3681

National stage application size fee—for each additional 50 sheets that exceeds 100 sheets

Micro

105

1.1031(a)

2781

Hague International design application—Transmittal Fee

Small

1.1031(a)

3781

Hague International design application—Transmittal Fee

Micro

41.20(b)(1)

2401

Notice of appeal

Small

420

336

41.20(b)(1)

3401

Notice of appeal

Micro

210

168

41.20(b)(2)(ii)

2404

Filing a brief in support of an appeal in an inter partes reexamination proceeding

Small

1,050

840

41.20(b)(2)(ii)

3404

Filing a brief in support of an appeal in an inter partes reexamination proceeding

Micro

525

420

41.20(b)(3)

2403

Request for oral hearing

Small

680

544

41.20(b)(3)

3403

Request for oral hearing

Micro

340

272

41.20(b)(4)

2413

Forwarding an appeal in an application or ex parte reexamination proceeding to the Board

Small

1,180

944

41.20(b)(4)

3413

Forwarding an appeal in an application or ex parte reexamination proceeding to the Board

Micro

590

472

Rulemaking Considerations

A. Administrative Procedure Act (APA):

This final rule implements amendments enacted in section 107 of the UAIA on December 29, 2022, which amended 35 U.S.C. 41(h) and section 10(b) of the America Invents Act (AIA), Public Law 112-29, 125 Stat. 284, to require the Office to reduce patent fees for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents by 60% for small entities and by 80% for micro entities and to reduce the basic filing fee for nonprovisional utility applications filed electronically by 80% for small entities. The changes in this final rule simply implement the provisions of the UAIA, and involve the rules of agency practice and procedure, and/or interpretive rules.

See Perez

Mortgage Bankers Ass'n,

135 S. Ct. 1199, 1204 (2015) (interpretive rules “advise the public of the agency's construction of the statutes and rules which it administers”) (citations and internal quotation marks omitted);

Nat'l Org. of Veterans' Advocates

Sec'y of Veterans Affairs,

260 F.3d 1365, 1375 (Fed. Cir. 2001) (rule that clarifies interpretation of a statute is interpretive);

Bachow Commc'ns Inc.

FCC,

237 F.3d 683, 690 (D.C. Cir. 2001) (rules governing an application process are procedural under the Administrative Procedure Act);

Inova Alexandria Hosp.

Shalala,

244 F.3d 342, 350 (4th Cir. 2001) (rules for handling appeals are procedural where they do not change the substantive standard for reviewing claims).

Accordingly, prior notice and opportunity for public comment for the changes in this rulemaking are not required pursuant to 5 U.S.C. 553(b) or (c), or any other law.

See Perez,

135 S. Ct. at 1206 (notice-and-comment procedures are not required when an agency “issue[s] an initial interpretive rule” or when it amends or repeals that interpretive rule);

Cooper Techs. Co.

Dudas,

536 F.3d 1330, 1336-37 (Fed. Cir. 2008) (stating that 5 U.S.C. 553, and thus 35 U.S.C. 2(b)(2)(B), do not require notice-and-comment rulemaking for “interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice” (quoting 5 U.S.C. 553(b)(A))).

In addition, the Office finds good cause pursuant to the authority at 5 U.S.C. 553(b)(B) and (d)(3) to dispense with prior notice and opportunity for public comment, and to publish this final rule with an immediate effective date, because such procedures are impracticable and contrary to the public interest. The discount percentages and the fees to which they are applicable are set by the terms of the UAIA, and the Office has no discretion to make changes in those areas. The UAIA amendments were effective as of the date of enactment of the statute, which is December 29, 2022. Thus, this final rule revises the patent fees for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents, to reflect the new discount percentages immediately. If this rulemaking were to be delayed to allow for prior notice and opportunity for public comment and a 30-day delay in effective date, USPTO's regulations would remain out of date with the current fees adjusted by statute, which would create confusion as to current fee amounts. Thus, the USPTO implements this final rule without prior notice and opportunity for comment and with immediate effect.

B. Regulatory Flexibility Act:

As prior notice and an opportunity for public comment are not required pursuant to 5 U.S.C. 553 or any other law, neither a Regulatory Flexibility Act analysis nor a certification under the Regulatory Flexibility Act (5 U.S.C. 601

et seq.

) is required.

See

5 U.S.C. 603.

C. Executive Order 12866 (Regulatory Planning and Review):

This rulemaking has been determined to be not significant for purposes of Executive Order (E.O.) 12866 (Sept. 30, 1993).

D. Executive Order 13563 (Improving Regulation and Regulatory Review):

The Office has complied with E.O. 13563 (Jan. 18, 2011). Specifically, the Office has, to the extent feasible and applicable: (1) made a reasoned determination that the benefits justify the costs of this final rule; (2) tailored this final rule to impose the least burden on society consistent with obtaining the regulatory objectives; (3) selected a regulatory approach that maximizes net benefits; (4) specified performance objectives; (5) identified and assessed available alternatives; (6) involved the public in an open exchange of information and perspectives among experts in relevant disciplines, affected stakeholders in the private sector, and the public as a whole, and provided online access to the rulemaking docket; (7) attempted to promote coordination, simplification, and harmonization across government agencies and identified goals designed to promote innovation; (8) considered approaches that reduce burdens and maintain flexibility and freedom of choice for the public; and (9) ensured the objectivity of scientific and technological information and processes.

E. Executive Order 13132 (Federalism):

This rulemaking does not contain policies with federalism implications sufficient to warrant preparation of a Federalism Assessment under E.O. 13132 (Aug. 4, 1999).

F. Executive Order 13175 (Tribal Consultation):

This rulemaking will not: (1) have substantial direct effects on one or more Indian tribes, (2) impose substantial direct compliance costs on Indian tribal governments, or (3) preempt tribal law. Therefore, a tribal summary impact statement is not required under E.O. 13175 (Nov. 6, 2000).

G. Executive Order 13211 (Energy Effects):

This rulemaking is not a significant energy action under E.O. 13211 (May 18, 2001) because this rulemaking is not likely to have a significant adverse effect on the supply,

distribution, or use of energy. Therefore, a Statement of Energy Effects is not required under E.O. 13211.

H. Executive Order 12988 (Civil Justice Reform):

This rulemaking meets applicable standards to minimize litigation, eliminate ambiguity, and reduce burden as set forth in sections 3(a) and 3(b)(2) of E.O. 12988 (Feb. 5, 1996).

I. Executive Order 13045 (Protection of Children):

This rulemaking does not concern an environmental risk to health or safety that may disproportionately affect children under E.O. 13045 (Apr. 21, 1997).

J. Executive Order 12630 (Taking of Private Property):

This rulemaking will not affect a taking of private property or otherwise have taking implications under E.O. 12630 (Mar. 15, 1988).

K. Congressional Review Act:

Under the Congressional Review Act provisions of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801

et seq.

), the USPTO will submit a report containing the final rule and other required information to the United States Senate, the United States House of Representatives, and the Comptroller General of the Government Accountability Office. The changes in this rulemaking are not expected to result in an annual effect on the economy of $100 million or more, a major increase in costs or prices, or significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. Therefore, this rulemaking is not expected to result in a “major rule” as defined in 5 U.S.C. 804(2).

L. Unfunded Mandates Reform Act of 1995:

The changes set forth in this rulemaking do not involve a federal intergovernmental mandate that will result in the expenditure by state, local, and tribal governments, in the aggregate, of $100 million (as adjusted) or more in any one year, or a federal private sector mandate that will result in the expenditure by the private sector of $100 million (as adjusted) or more in any one year, and will not significantly or uniquely affect small governments. Therefore, no actions are necessary under the provisions of the Unfunded Mandates Reform Act of 1995.

See

2 U.S.C. 1501

et seq.

M. National Environmental Policy Act:

This rulemaking will not have any effect on the quality of the environment and is thus categorically excluded from review under the National Environmental Policy Act of 1969.

See

42 U.S.C. 4321

et seq.

N. National Technology Transfer and Advancement Act:

The requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) are not applicable because this rulemaking does not contain provisions that involve the use of technical standards.

O. Paperwork Reduction Act:

The Paperwork Reduction Act of 1995 (44 U.S.C. 3501

et seq.

) requires that the Office consider the impact of paperwork and other information collection burdens imposed on the public. This Final Rule involves information collection requirements that are subject to review by the OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3549). The collection of information involved in this Final Rule have been reviewed and previously approved by the OMB under control numbers: 0651-0016, 0651-0021, 0651-0024, 0651-0031, 0651-0032, 0651-0033, 0651-0059, 0651-0062, 0651-0063, 0651-0064, and 0651-0073. In addition, updates to the aforementioned information collections as a result of this Final Rule have been submitted to the OMB as non-substantive change requests.

Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB control number.

P. E-Government Act Compliance:

The USPTO is committed to compliance with the E-Government Act to promote the use of the internet and other information technologies, to provide increased opportunities for citizen access to Government information and services, and for other purposes.

List of Subjects

37 CFR Part 1

Administrative practice and procedure, Biologics, Courts, Freedom of information, Inventions and patents, Reporting and recordkeeping requirements, Small businesses.

37 CFR Part 41

Administrative practice and procedure, Inventions and patents, Lawyers, Reporting and recordkeeping requirements.

For the reasons stated in the preamble, the USPTO amends 37 CFR parts 1 and 41 as follows:

PART 1—RULES OF PRACTICE IN PATENT CASES

1. The authority citation for 37 CFR part 1 continues to read as follows:

Authority:

35 U.S.C. 2(b)(2), unless otherwise noted.

2. Effective March 22, 2023, § 1.16 is amended by revising the tables in paragraphs (a) through (s) to read as follows:

§ 1.16

National application filing, search, and examination fees.

(a) * * *

Table 1 to Paragraph (

)

By a micro entity (§ 1.29)

$64.00

By a small entity (§ 1.27(a))

128.00

By a small entity (§ 1.27(a)) if the application is submitted in compliance with the USPTO patent electronic filing system (§ 1.27(b)(2))

64.00

By other than a small or micro entity

320.00

(b) * * *

Table 2 to Paragraph (

)

By a micro entity (§ 1.29)

$44.00

By a small entity (§ 1.27(a))

88.00

By other than a small or micro entity

220.00

Table 3 to Paragraph (

)

By a micro entity (§ 1.29)

$44.00

By a small entity (§ 1.27(a))

88.00

By other than a small or micro entity

220.00

(d) * * *

Table 4 to Paragraph (

)

By a micro entity (§ 1.29)

$60.00

By a small entity (§ 1.27(a))

120.00

By other than a small or micro entity

300.00

(e) * * *

Table 5 to Paragraph (

)

By a micro entity (§ 1.29)

$64.00

By a small entity (§ 1.27(a))

128.00

By other than a small or micro entity

320.00

(f) * * *

Table 6 to Paragraph (

)

By a micro entity (§ 1.29)

$32.00

By a small entity (§ 1.27(a))

64.00

By other than a small or micro entity

160.00

(g) * * *

Table 7 to Paragraph (

)

By a micro entity (§ 1.29)

$12.00

By a small entity (§ 1.27(a))

24.00

By other than a small or micro entity

60.00

(h) * * *

Table 8 to Paragraph (

)

By a micro entity (§ 1.29)

$96.00

By a small entity (§ 1.27(a))

192.00

By other than a small or micro entity

480.00

(i) * * *

Table 9 to Paragraph (

)

By a micro entity (§ 1.29)

$20.00

By a small entity (§ 1.27(a))

40.00

By other than a small or micro entity

100.00

(j) * * *

Table 10 to Paragraph (

)

By a micro entity (§ 1.29)

$172.00

By a small entity (§ 1.27(a))

344.00

By other than a small or micro entity

860.00

(k) * * *

Table 11 to Paragraph (

)

By a micro entity (§ 1.29)

$140.00

By a small entity (§ 1.27(a))

280.00

By other than a small or micro entity

700.00

(l) * * *

Table 12 to Paragraph (

)

By a micro entity (§ 1.29)

$32.00

By a small entity (§ 1.27(a))

64.00

By other than a small or micro entity

160.00

(m) * * *

Table 13 to Paragraph (

)

By a micro entity (§ 1.29)

$88.00

By a small entity (§ 1.27(a))

176.00

By other than a small or micro entity

440.00

(n) * * *

Table 14 to Paragraph (

)

By a micro entity (§ 1.29)

$140.00

By a small entity (§ 1.27(a))

280.00

By other than a small or micro entity

700.00

(o) * * *

Table 15 to Paragraph (

)

By a micro entity (§ 1.29)

$160.00

By a small entity (§ 1.27(a))

320.00

By other than a small or micro entity

800.00

(p) * * *

Table 16 to Paragraph (

)

By a micro entity (§ 1.29)

$128.00

By a small entity (§ 1.27(a))

256.00

By other than a small or micro entity

640.00

(q) * * *

Table 17 to Paragraph (

)

By a micro entity (§ 1.29)

$132.00

By a small entity (§ 1.27(a))

264.00

By other than a small or micro entity

660.00

(r) * * *

Table 18 to Paragraph (

)

By a micro entity (§ 1.29)

$464.00

By a small entity (§ 1.27(a))

928.00

By other than a small or micro entity

2,320.00

(s) * * *

Table 19 to Paragraph (

)

By a micro entity (§ 1.29)

$84.00

By a small entity (§ 1.27(a))

168.00

By other than a small or micro entity

420.00

3. Effective April 3, 2023, § 1.16 is further amended by revising the table in paragraph (u), as added Aug. 3, 2020, at 85 FR 46985, effective Jan. 1, 2022, and delayed until Jan 1, 2023, at 86 FR 66193, Nov. 22, 2021, and further delayed until Apr. 3, 2023, at 87 FR 80073, Dec. 29, 2022, to read as follows:

§ 1.16

National application filing, search, and examination fees.

(u) * * *

Table 21 to Paragraph (

)

By a micro entity (§ 1.29)

$80.00

By a small entity (§ 1.27(a))

160.00

By a small entity (§ 1.27(a)) if the application is submitted in compliance with the USPTO patent electronic filing system (§ 1.27(b)(2))

160.00

By other than a small or micro entity

400.00

4. Effective March 22, 2023, § 1.17 is amended by revising the tables in paragraphs (a)(1) through (5), (c), (d), (e)(1) and (2), (f) through (h), (i)(1), (k), (m), (o), (p), and (r) through (t) to read as follows:

§ 1.17

Patent application and reexamination processing fees.

(a) * * *

(1) * * *

Table 1 to Paragraph (

)(1)

By a micro entity (§ 1.29)

$44.00

By a small entity (§ 1.27(a))

88.00

By other than a small or micro entity

220.00

(2) * * *

Table 2 to Paragraph (

)(2)

By a micro entity (§ 1.29)

$128.00

By a small entity (§ 1.27(a))

256.00

By other than a small or micro entity

640.00

(3) * * *

Table 3 to Paragraph (

)(3)

By a micro entity (§ 1.29)

$296.00

By a small entity (§ 1.27(a))

592.00

By other than a small or micro entity

1,480.00

(4) * * *

Table 4 to Paragraph (

)(4)

By a micro entity (§ 1.29)

$464.00

By a small entity (§ 1.27(a))

928.00

By other than a small or micro entity

2,320.00

(5) * * *

Table 5 to Paragraph (

)(5)

By a micro entity (§ 1.29)

$632.00

By a small entity (§ 1.27(a))

1,264.00

By other than a small or micro entity

3,160.00

Table 6 to Paragraph (

)

By a micro entity (§ 1.29)

$840.00

By a small entity (§ 1.27(a))

1,680.00

By other than a small or micro entity

4,200.00

(d) * * *

Table 7 to Paragraph (

)

By a micro entity (§ 1.29)

$128.00

By a small entity (§ 1.27(a))

256.00

By other than a small or micro entity

640.00

(e) * * *

(1) * * *

Table 8 to Paragraph (

)(1)

By a micro entity (§ 1.29)

$272.00

By a small entity (§ 1.27(a))

544.00

By other than a small or micro entity

1,360.00

(2) * * *

Table 9 to Paragraph (

)(2)

By a micro entity (§ 1.29)

$400.00

By a small entity (§ 1.27(a))

800.00

By other than a small or micro entity

2,000.00

(f) * * *

Table 10 to Paragraph (

)

By a micro entity (§ 1.29)

$84.00

By a small entity (§ 1.27(a))

168.00

By other than a small or micro entity

420.00

§ 1.36(a)—for revocation of a power of attorney by fewer than all of the applicants.

§ 1.53(e)—to accord a filing date.

§ 1.182—for a decision on a question not specifically provided for in an application for a patent.

§ 1.183—to suspend the rules in an application for a patent.

§ 1.741(b)—to accord a filing date to an application under § 1.740 for an extension of a patent term.

§ 1.1023—to review the filing date of an international design application.

(g) * * *

Table 11 to Paragraph (

)

By a micro entity (§ 1.29)

$44.00

By a small entity (§ 1.27(a))

88.00

By other than a small or micro entity

220.00

§ 1.12—for access to an assignment record.

§ 1.14—for access to an application.

§ 1.46—for filing an application on behalf of an inventor by a person who otherwise shows sufficient proprietary interest in the matter.

§ 1.55(f)—for filing a belated certified copy of a foreign application.

§ 1.55(g)—for filing a belated certified copy of a foreign application.

§ 1.57(a)—for filing a belated certified copy of a foreign application.

§ 1.59—for expungement of information.

§ 1.103(a)—to suspend action in an application.

§ 1.136(b)—for review of a request for an extension of time when the provisions of § 1.136(a) are not available.

§ 1.377—for review of a decision refusing to accept and record payment of a maintenance fee filed prior to the expiration of a patent.

§ 1.550(c)—for patent owner requests for an extension of time in ex parte reexamination proceedings.

§ 1.956—for patent owner requests for an extension of time in inter partes reexamination proceedings.

§ 5.12 of this chapter—for expedited handling of a foreign filing license.

§ 5.15 of this chapter—for changing the scope of a license.

§ 5.25 of this chapter—for a retroactive license.

(h) * * *

Table 12 to Paragraph (

)

By a micro entity (§ 1.29)

$28.00

By a small entity (§ 1.27(a))

56.00

By other than a small or micro entity

140.00

§ 1.84—for accepting color drawings or photographs.

§ 1.91—for entry of a model or exhibit.

§ 1.102(d)—to make an application special.

§ 1.138(c)—to expressly abandon an application to avoid publication.

§ 1.313—to withdraw an application from issue.

§ 1.314—to defer issuance of a patent.

(i) * * *

(1) * * *

Table 13 to Paragraph (

)(1)

By a micro entity (§ 1.29)

$28.00

By a small entity (§ 1.27(a))

56.00

By other than a small or micro entity

140.00

§ 1.28(c)(3)—for processing a non-itemized fee deficiency based on an error in small entity status.

§ 1.29(k)(3)—for processing a non-itemized fee deficiency based on an error in micro entity status.

§ 1.41(b)—for supplying the name or names of the inventor or joint inventors in an application without either an application data sheet or the inventor's oath or declaration, except in provisional applications.

§ 1.48—for correcting inventorship, except in provisional applications.

§ 1.52(d)—for processing a nonprovisional application filed with a specification in a language other than English.

§ 1.53(c)(3)—to convert a provisional application filed under § 1.53(c) into a nonprovisional application under § 1.53(b).

§ 1.71(g)(2)—for processing a belated amendment under § 1.71(g).

§ 1.102(e)—for requesting prioritized examination of an application.

§ 1.103(b)—for requesting limited suspension of action, continued prosecution application for a design patent (§ 1.53(d)).

§ 1.103(c)—for requesting limited suspension of action, request for continued examination (§ 1.114).

§ 1.103(d)—for requesting deferred examination of an application.

§ 1.291(c)(5)—for processing a second or subsequent protest by the same real party in interest.

§ 3.81—for a patent to issue to assignee, assignment submitted after payment of the issue fee.

(k) * * *

Table 15 to Paragraph (

)

By a micro entity (§ 1.29)

$320.00

By a small entity (§ 1.27(a))

640.00

By other than a small or micro entity

1,600.00

(m) * * *

Table 16 to Paragraph (

)

By a micro entity (§ 1.29)

$420.00

By a small entity (§ 1.27(a))

840.00

By other than a small or micro entity

2,100.00

(o) * * *

Table 17 to Paragraph (

)

By a small entity (§ 1.27(a)) or micro entity (§ 1.29)

$72.00

By other than a small or micro entity

180.00

(p) * * *

Table 18 to Paragraph (

)

By a micro entity (§ 1.29)

$52.00

By a small entity (§ 1.27(a))

104.00

By other than a small or micro entity

260.00

(r) * * *

Table 19 to Paragraph (

)

By a micro entity (§ 1.29)

$176.00

By a small entity (§ 1.27(a))

352.00

By other than a small or micro entity

880.00

(s) * * *

Table 20 to Paragraph (

)

By a micro entity (§ 1.29)

$176.00

By a small entity (§ 1.27(a))

352.00

By other than a small or micro entity

880.00

(t) * * *

Table 21 to Paragraph

(t)

By a micro entity (§ 1.29)

$36.00

By a small entity (§ 1.27(a))

72.00

By other than a small or micro entity

180.00

5. Effective March 22, 2023 § 1.18 is amended by revising the tables in paragraphs (a), (b)(1), and (c) to read as follows:

§ 1.18

Patent post allowance (including issue) fees.

(a) * * *

Table 1 to Paragraph

(a)

By a micro entity (§ 1.29)

$240.00

By a small entity (§ 1.27(a))

480.00

By other than a small or micro entity

1,200.00

(b)(1) * * *

Table 2 to Paragraph

(b)(1)

By a micro entity (§ 1.29)

$148.00

By a small entity (§ 1.27(a))

296.00

By other than a small or micro entity

740.00

Table 3 to Paragraph

(c)

By a micro entity (§ 1.29)

$168.00

By a small entity (§ 1.27(a))

336.00

By other than a small or micro entity

840.00

6. Effective March 22, 2023, § 1.20 is amended by revising the tables in paragraphs (c)(1)(i), (c)(2) through (4), (c)(6) and (7), (e) through (h), (k)(1) and (2), and (k)(3)(i) and (ii) to read as follows:

§ 1.20

Post-issuance fees.

(1)(i) * * *

Table 1 to Paragraph

(c)(1)(i)

By a micro entity (§ 1.29)

$1,260.00

By a small entity (§ 1.27(a))

2,520.00

By other than a small or micro entity

6,300.00

(2) * * *

Table 2 to Paragraph

(c)(2)

By a micro entity (§ 1.29)

$2,520.00

By a small entity (§ 1.27(a))

5,040.00

By other than a small or micro entity

12,600.00

(3) * * *

Table 3 to Paragraph

(c)(3)

By a micro entity (§ 1.29)

$96.00

By a small entity (§ 1.27(a))

192.00

By other than a small or micro entity

480.00

(4) * * *

Table 4 to Paragraph

(c)(4)

By a micro entity (§ 1.29)

$20.00

By a small entity (§ 1.27(a))

40.00

By other than a small or micro entity

100.00

(6) * * *

Table 5 to Paragraph

(c)(6)

By a micro entity (§ 1.29)

$408.00

By a small entity (§ 1.27(a))

816.00

By other than a small or micro entity

2,040.00

(7) * * *

Table 6 to Paragraph

(c)(7)

By a micro entity (§ 1.29)

$756.00

By a small entity (§ 1.27(a))

1,512.00

By other than a small or micro entity

3,780.00

(e) * * *

Table 7 to Paragraph

(e)

By a micro entity (§ 1.29)

$400.00

By a small entity (§ 1.27(a))

800.00

By other than a small or micro entity

2,000.00

(f) * * *

Table 8 to Paragraph

(f)

By a micro entity (§ 1.29)

$752.00

By a small entity (§ 1.27(a))

1,504.00

By other than a small or micro entity

3,760.00

(g) * * *

Table 9 to Paragraph

(g)

By a micro entity (§ 1.29)

$1,540.00

By a small entity (§ 1.27(a))

3,080.00

By other than a small or micro entity

7,700.00

(h) * * *

Table 10 to Paragraph (

)

By a micro entity (§ 1.29)

$100.00

By a small entity (§ 1.27(a))

200.00

By other than a small or micro entity

$500.00

(k) * * *

(1) * * *

Table 12 to Paragraph (

)(1)

By a micro entity (§ 1.29)

$924.00

By a small entity (§ 1.27(a))

1,848.00

By other than a small or micro entity

4,620.00

(2) * * *

Table 13 to Paragraph (

)(2)

By a micro entity (§ 1.29)

$2,540.00

By a small entity (§ 1.27(a))

5,080.00

By other than a small or micro entity

12,700.00

(3) * * *

(i) * * *

Table 14 to Paragraph (

)(3)(

)

By a micro entity (§ 1.29)

$36.00

By a small entity (§ 1.27(a))

72.00

By other than a small or micro entity

180.00

(ii) * * *

Table 15 to Paragraph (

)(3)(

)

By a micro entity (§ 1.29)

$60.00

By a small entity (§ 1.27(a))

120.00

By other than a small or micro entity

300.00

7. Effective March 22, 2023, § 1.21 is amended by revising the tables in paragraphs (o)(1) and (2) to read as follows:

§ 1.21

Miscellaneous fees and charges.

(o) * * *

(1) * * *

Table 1 to Paragraph (

)(1)

By a micro entity (§ 1.29)

$212.00

By a small entity (§ 1.27(a))

424.00

By other than a small or micro entity

1,060.00

(2) * * *

Table 2 to Paragraph (

)(2)

By a micro entity (§ 1.29)

$2,100.00

By a small entity (§ 1.27(a))

4,200.00

By other than a small or micro entity

10,500.00

8. Effective March 22, 2023, § 1.445 is amended by:

a. Redesignating paragraphs (a)(1)(i)(A) through (C), as paragraphs (a)(1)(i)(B) through (D);

b. Adding new paragraph (a)(1)(i)(A);

c. Revising newly redesignated paragraph (a)(1)(i)(B) introductory text and table heading;

d. Revising the table heading in newly redesignated paragraph (a)(1)(i)(C);

e. Revising the table heading in paragraph (a)(1)(ii);

f. Redesignating paragraphs (a)(2)(i) through (iii) as paragraphs (a)(2)(ii) through (iv);

g. Adding new paragraph (a)(2)(i);

h. Revising newly redesignated paragraph (a)(2)(ii) introductory text and table heading;

i. Revising the table heading in newly redesignated paragraph (a)(2)(iii);

j. Redesignating paragraphs (a)(3)(i) through (iii) as paragraphs (a)(3)(ii) through (iv);

k. Adding new paragraph (a)(3)(i);

l. Revising newly redesignated paragraph (a)(3)(ii) introductory text and table heading;

m. Revising the table heading in newly redesignated paragraph (a)(3)(iii); and

n. Revising the table in paragraph (a)(5).

The revisions and additions read as follows:

§ 1.445

International application filing, processing and search fees.

(a) * * *

(1) * * *

(i) * * *

(A) For an international application having a receipt date that is on or after December 29, 2022:

Table 1 to Paragraph (

)(1)(

)(A)

By a micro entity (§ 1.29)

$52.00

By a small entity (§ 1.27(a))

104.00

By other than a small or micro entity

260.00

(B) For an international application having a receipt date that is on or after October 2, 2020 and before December 29, 2022:

Table 2 to Paragraph (

)(1)(

)(B)

* * * *

Table 2 to Paragraph (

)(1)(

)(B)

* * * *

Table 3 to Paragraph (

)(1)(

)(C)

* * * *

(ii) * * *

Table 4 to Paragraph (

)(1)(

)(B)

* * * *

(2) * * *

(i) For an international application having a receipt date that is on or after April 1, 2023:

Table 5 to Paragraph (

)(2)(

)

By a micro entity (§ 1.29)

$436.00

By a small entity (§ 1.27(a))

872.00

By other than a small or micro entity

2,180.00

(ii) For an international application having a receipt date that is on or after October 2, 2020, and before April 1, 2023:

Table 6 to Paragraph (

)(2)(

)

* * * * *

(iii) * * *

Table 7 to Paragraph (

)(2)(

iii

)

* * * * *

(3) * * *

(i) For an international application having a receipt date that is on or after April 1, 2023:

Table 8 to Paragraph (

)(3)(

)

By a micro entity (§ 1.29)

$436.00

By a small entity (§ 1.27(a))

872.00

By other than a small or micro entity

2,180.00

(ii) For an international application having a receipt date that is on or after October 2, 2020 and before April 1, 2023:

Table 9 to Paragraph (

)(3)(

)

* * * * *

(iii) * * *

Table 10 to Paragraph (

)(3)(

iii

)

* * * * *

(5) * * *

Table 11 to Paragraph (

)(5)

By a micro entity (§ 1.29)

$64.00

By a small entity (§ 1.27(a))

128.00

By other than a small or micro entity

320.00

9. Effective March 22, 2023, § 1.482 is amended by revising the tables in paragraphs (a)(1)(i) and (ii), (a)(2), and (c) to read as follows:

§ 1.482

International preliminary examination and processing fees.

(a) * * *

(1) * * *

(i) * * *

Table 1 to Paragraph (

)(1)(

)

By a micro entity (§ 1.29)

$128.00

By a small entity (§ 1.27(a))

256.00

By other than a small or micro entity

640.00

(ii) * * *

Table 2 to Paragraph (

)(1)(

)

By a micro entity (§ 1.29)

$160.00

By a small entity (§ 1.27(a))

320.00

By other than a small or micro entity

800.00

(2) * * *

Table 3 to Paragraph (

)(2)

By a micro entity (§ 1.29)

$128.00

By a small entity (§ 1.27(a))

256.00

By other than a small or micro entity

640.00

Table 4 to Paragraph (

)

By a micro entity (§ 1.29)

$64.00

By a small entity (§ 1.27(a))

128.00

By other than a small or micro entity

320.00

10. Effective March 22, 2023, § 1.492 is amended by revising the tables in paragraphs (a), (b)(2) through (4), (c)(2), (d) through (f), and (h) through (j) to read as follows.

§ 1.492

National stage fees.

(a) * * *

Table 1 to Paragraph (

)

By a micro entity (§ 1.29)

$64.00

By a small entity (§ 1.27(a))

128.00

By other than a small or micro entity

320.00

(b) * * *

(2) * * *

Table 3 to Paragraph (

)(2)

By a micro entity (§ 1.29)

$28.00

By a small entity (§ 1.27(a))

56.00

By other than a small or micro entity

140.00

(3) * * *

Table 4 to Paragraph (

)(3)

By a micro entity (§ 1.29)

$108.00

By a small entity (§ 1.27(a))

216.00

By other than a small or micro entity

540.00

(4) * * *

Table 5 to Paragraph (

)(4)

By a micro entity (§ 1.29)

$140.00

By a small entity (§ 1.27(a))

280.00

By other than a small or micro entity

700.00

(2) * * *

Table 7 to Paragraph (

)(2)

By a micro entity (§ 1.29)

$160.00

By a small entity (§ 1.27(a))

320.00

By other than a small or micro entity

800.00

(d) * * *

Table 8 to Paragraph (

)

By a micro entity (§ 1.29)

$96.00

By a small entity (§ 1.27(a))

192.00

By other than a small or micro entity

480.00

(e) * * *

Table 9 to Paragraph (

)

By a micro entity (§ 1.29)

$20.00

By a small entity (§ 1.27(a))

40.00

By other than a small or micro entity

100.00

(f) * * *

Table 10 to Paragraph (

)

By a micro entity (§ 1.29)

$172.00

By a small entity (§ 1.27(a))

344.00

By other than a small or micro entity

860.00

(h) * * *

Table 11 to Paragraph (

)

By a micro entity (§ 1.29)

$32.00

By a small entity (§ 1.27(a))

64.00

By other than a small or micro entity

160.00

(i) * * *

Table 12 to Paragraph (

)

By a micro entity (§ 1.29)

$28.00

By a small entity (§ 1.27(a))

56.00

By other than a small or micro entity

140.00

(j) * * *

Table 13 to Paragraph (

)

By a micro entity (§ 1.29)

$84.00

By a small entity (§ 1.27(a))

168.00

By other than a small or micro entity

420.00

11. Effective March 22, 2023, § 1.1031 is amended by revising the table in paragraph (a) to read as follows:

§ 1.1031

International design application fees.

(a) * * *

Table 1 to Paragraph (

)

By a micro entity (§ 1.29)

$24.00

By a small entity (§ 1.27(a))

48.00

By other than a small or micro entity

120.00

PART 41—PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD

12. The authority citation for 37 CFR part 41 continues to read as follows:

Authority:

35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134, 135, and Pub. L. 112-29.

13. Effective March 22, 2023, § 41.20 is amended by revising the tables in paragraphs (b)(1), (b)(2)(ii), and (b)(3) and (4) to read as follows:

§ 41.20

Fees.

(b) * * *

(1) * * *

Table 1 to Paragraph (

)(1)

By a micro entity (§ 1.29)

$168.00

By a small entity (§ 1.27(a))

336.00

By other than a small or micro entity

840.00

(2) * * *

(ii) * * *

Table 2 to Paragraph (

)(2)(

)

By a micro entity (§ 1.29)

$420.00

By a small entity (§ 1.27(a))

840.00

By other than a small or micro entity

2,100.00

(3) * * *

Table 3 to Paragraph (

)(3)

By a micro entity (§ 1.29)

$272.00

By a small entity (§ 1.27(a))

544.00

By other than a small or micro entity

1,360.00

(4) * * *

Table 4 to Paragraph (

)(4)

By a micro entity (§ 1.29)

$472.00

By a small entity (§ 1.27(a))

944.00

By other than a small or micro entity

2,360.00

Katherine K. Vidal,

Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.

[FR Doc. 2023-05382 Filed 3-21-23; 8:45 am]

BILLING CODE 3510-16-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.