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35 U.S.C. § 41 — Patent fees; patent and trademark search (MPEP Coverage Index) — BlueIron IP

Source: USPTO MPEP

December 31, 2025

This page consolidates MPEP guidance interpreting 35 U.S.C. § 41, including 162 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Summary

This section outlines the appeal fees for patent trials, detailing the $540 initial fee and any additional fees that may be required upon filing an appeal with the Patent Trial and Appeal Board.

What this section covers

This section covers appeal fees for patent trials, specifically focusing on the fees required when filing an appeal with the Patent Trial and Appeal Board.

Key obligations

The primary requirement is to pay a $540 fee upon filing an appeal from the examiner to the Patent Trial and Appeal Board.
Additional fees may be required beyond the initial filing fee, depending on specific circumstances.
Practitioners must comply with the fee structure as set by the Director of the USPTO.

Practice notes

Ensure all required fees are paid to avoid delays in the appeal process.
Timely payment of fees is crucial to avoid administrative issues that could delay the appeal.

Pending USPTO Updates

USPTO lists the following post-January 31, 2024 publications as updates not yet incorporated into the current MPEP revision. BlueIron has reviewed the linked USPTO source documents and cross-referenced these updates by affected topic, citation, and identified MPEP target when stated by USPTO. USPTO Subsequent Publications

Supersedes Advance notice of change to the MPEP with respect to false assertions or certifications of entity status
Memorandum to the Examining Corps | 2025-10-24
USPTO source document
35 U.S.C. 123; 35 U.S.C. 41; 37 CFR 1.27; 37 CFR 1.29; 37 CFR 11.18
Identified USPTO change targets:
- MPEP section: 410 – Revise guidance on certifications and signature responsibilities when asserting small or micro entity status.
- MPEP section: 509.03(b) – Revise subsection II concerning USPTO determinations of false assertions or certifications of small entity status.
- MPEP section: 509.04 – Revise subsection I concerning USPTO determinations of false assertions or certifications of micro entity status.
- MPEP section: 1002.02(b) – Revise delegated-authority guidance for decisions involving false entity-status assertions or certifications.
Statutory Penalties for False Assertions or Certifications of Small and Micro Entity Status
Official Gazette notice | 2025-07-08 | 1536 OG 204
USPTO source document
35 U.S.C. 41; 37 CFR 1.27; 37 CFR 1.29

Petitions for Accepting Late Submissions Due to Unintentional Delay in ReexaminationMPEP 1002.02(b)
Fees for Patent Appeals and Oral HearingsMPEP 1204Required
Additional Fee for Forwarding Appeal to Board Post-AnswerMPEP 1204
Issue Fee and Publication Fee Must Be Paid as Specified in Notice of AllowanceMPEP 1306Required
Issue Fee Reduced for Small and Micro EntitiesMPEP 1306
Unintentionally Delayed Provisional Application Claim Allowed After GrantMPEP 1402
Unintentionally Delayed Provisional Application Benefit Claim Allowed After GrantMPEP 1402
Unintentionally Delayed Provisional Application Reference Allowed After GrantMPEP 1402
Unintentionally Delayed Provisional Application Reference Allowed After Patent GrantMPEP 1402Required
Petition to Accept Unintentionally Delayed Provisional Benefit Claim RequiredMPEP 1402Required
Director May Require Additional Info for Unintentionally Delayed Provisional Application ClaimMPEP 1402Permitted
Patentee Can Request Certificate of CorrectionMPEP 1481Permitted
Motion Required for PTAB Interference RequestsMPEP 1481Required
Correction of Named InventorMPEP 1481.02Permitted
Petition to Correct Inventorship in Interference Must Comply with Requirements and Accompany MotionMPEP 1481.02Required
Amendment Required for Provisional BenefitMPEP 1481.03Required
Amendment Requirement for Continuation BenefitsMPEP 1481.03Permitted
Director May Accept Late Submission of Provisional ReferenceMPEP 1481.03Permitted
Requirement for Referencing Prior ApplicationMPEP 1504.20Required
Amendment Required for Earlier Filing Date BenefitMPEP 1504.20Required
Failure to Submit Amendment Waives BenefitMPEP 1504.20Permitted
Director May Accept Late Amendment SubmissionMPEP 1504.20Permitted
Types of National Applications DefinedMPEP 201.01
Prior Nonprovisional Application Components Used in CPAMPEP 201.06(d)
New Basic Filing, Search, and Examination Fees Required for CPAMPEP 201.06(d)Required
No Search and Examination Fees for CPA Filed Before Dec 8, 2004MPEP 201.06(d)Required
Oath or Declaration Requirement for CPAMPEP 201.06(d)
Oath or Declaration from Prior Application Required for CPAMPEP 201.06(d)Prohibited
Oath or Declaration Requirement for CPA Filed After September 16, 2012MPEP 201.06(d)Required
Requirement for Referencing Prior ApplicationMPEP 211Required
Amendment Required for Earlier Filing Date BenefitMPEP 211Required
Failure to Submit Amendment Waives Benefit Under Section 120MPEP 211Permitted
Director May Accept Late Submission of Benefit AmendmentMPEP 211Permitted
Priority Application Filing Within 12 MonthsMPEP 213Required
12-Month Priority Period Extension for Unintentional DelaysMPEP 213Permitted
Any Person May Request Patent Reexamination Based on Prior ArtMPEP 2210Permitted
Request for Reexamination Must Be Accompanied by FeeMPEP 2210Required
Request Must Cite Pertinent Prior Art for Each ClaimMPEP 2210Required
Request for Reexamination Copy Sent to Patent OwnerMPEP 2210
Excess Claims Fees Required for Reexamination After December 8, 2004MPEP 2250.03
Excess Claims Fees Apply to All PatentsMPEP 2250.03
Excess Claims Fees Required for Reexamination Filing After December 8, 2004MPEP 2250.03Required
Excess Claims Fees Due for Amendments After December 8, 2004MPEP 2250.03
Extensions Not Allowed In Ex Parte ReexaminationMPEP 2265
Extensions Not Allowed In Ex Parte ReexaminationsMPEP 2265
Ex Parte Reexamination Does Not Involve ApplicationMPEP 2265
Extensions Not Allowed In Ex Parte ReexaminationsMPEP 2265Required
No Application or Applicant in Ex Parte ReexaminationMPEP 2265
Director May Establish Revival Procedures for Patent Applications and ReexaminationsMPEP 2268Permitted
Revival Fee for Late Patent ActionsMPEP 2268Required
Revival Fee for Late PetitionsMPEP 2268
Revival Fee for Late PetitionsMPEP 2268
Director May Refund Revival Fee in Exceptional CircumstancesMPEP 2268Permitted
Filing Fee Required for First Appeal BriefMPEP 2274Required
Appeal Brief Must Include Authorities and Claims SummaryMPEP 2274Required
One Copy of Appeal Brief RequiredMPEP 2274Required
Copy of Appeal Brief Must Be Served on Third-Party RequesterMPEP 2274Required
Specification Must Describe Invention Completely Where Interference SuggestedMPEP 2304.02(d)
Correspondence Address and Powers of Attorney Must Be Updated Post-IssuanceMPEP 2501
Maintenance Fees Cannot Be Paid In AdvanceMPEP 2506Prohibited
Window Period for Maintenance Fee Payments Without SurchargeMPEP 2506Permitted
Window Period for Maintenance Fees Without SurchargeMPEP 2506
Due Dates for Utility Patent Maintenance Fees Defined by StatuteMPEP 2506
Window Periods for Maintenance Fees Must Be Paid Without SurchargeMPEP 2506
Last Day of Window Period Without SurchargeMPEP 2506Permitted
Last Day of Maintenance Fee Window Is Patent Grant Date Plus Years and MonthsMPEP 2506
Fee Amounts for Maintenance and Grace Period Surcharge SetMPEP 2520
Consumer Price Index Adjusted Maintenance Fees RequiredMPEP 2520
Maintenance Fees Reduced for Small and Micro EntitiesMPEP 2520
Current Maintenance Fee Amounts Must Be Obtained From USPTOMPEP 2520Permitted
Effect of Terminal Disclaimer on Patent TermMPEP 2520
Full Maintenance Fee Due Before ExpirationMPEP 2520Required
Full Maintenance Fee Due Before ExpirationMPEP 2520Prohibited
Unintentional Delayed Maintenance Fee Acceptable to Reinstate PatentMPEP 2590Permitted
Petition to Reinstate Patent After Expired Maintenance FeeMPEP 2590Required
Unintentional Delay in Maintenance Fee PaymentMPEP 2590Permitted
Petition to Reinstate Patent with Unintentional Delayed Maintenance Fee PaymentMPEP 2590
Petition Fee Required for Delayed Maintenance Fee PaymentMPEP 2590Required
Separate Petition Fee for Each Late Maintenance FeeMPEP 2590Required
Petition for Unintentional Delay of Maintenance Fee PaymentMPEP 2590Required
Requirement for Unintentional Delay Statement in Patent Maintenance Fee PetitionsMPEP 2590
Separate Fees for Each Unpaid Maintenance FeeMPEP 2590Required
Patent Not Expired After Late Fee PaymentMPEP 2590Required
Intervening Rights in Reinstated PatentsMPEP 2591
Use Rights After Late Fee PaymentMPEP 2591Required
Unintentional Delay Excused for Design Applications to USMPEP 2913Permitted
Director Can Define Independent Inventors and Nonprofit OrgsMPEP 509.02
SBA Authority to Define Small Business ConcernsMPEP 509.02
Definition of Small Entities for Reduced FeesMPEP 509.02
Definition of Person for Small Entity StatusMPEP 509.02
Micro Entity Certification RequirementsMPEP 509.04(a)
Micro Entity Status on Gross Income BasisMPEP 509.04(a)
Fee Setting for Patent ApplicationsMPEP 607
Fee Requirements for Patent ApplicationsMPEP 607
Excess Claims Fees Apply to Reissue ApplicationsMPEP 607
Claims in Original Patent Not Considered for Reissue FeeMPEP 607
Excess Claims Fees for Reissue ApplicationsMPEP 607Required
Multiple Dependent Claims Count as MultipleMPEP 608.01(n)Prohibited
Proper Dependent Claims Count as Multiple DependentMPEP 608.01(n)
Fees for Extensions of Time to Act in Patent ApplicationsMPEP 710.02
Patent Application Revival Upon PetitionMPEP 711.03(c)Permitted
Fee for Reviving Abandoned Patent ApplicationMPEP 711.03(c)Required
Director May Refund Fee Under Exceptional CircumstancesMPEP 711.03(c)Permitted
Office May Waive Revival Petition Fee Due to Widespread DisasterMPEP 711.03(c)Required
Exceptional Circumstances Do Not Permit RefundsMPEP 711.03(c)

Failure to Provide Foreign Filing Notice Within 45 Days Results in AbandonmentMPEP 1124Required
Petition Required After Rescinding Nonpublication Without Foreign Filing NoticeMPEP 1124Required
Fees for Patent Appeals and Oral HearingsMPEP 1204Required
Issue Fee and Publication Fee Must Be Paid as Specified in Notice of AllowanceMPEP 1306Required
Unintentionally Delayed Provisional Application Reference Allowed After Patent GrantMPEP 1402Required
Petition to Accept Unintentionally Delayed Provisional Benefit Claim RequiredMPEP 1402Required
No Reissue for Expired PatentsMPEP 1415.01Required
Motion Required for PTAB Interference RequestsMPEP 1481Required
Petition to Correct Inventorship in Interference Must Comply with Requirements and Accompany MotionMPEP 1481.02Required
Amendment Required for Provisional BenefitMPEP 1481.03Required
Requirement for Referencing Prior ApplicationMPEP 1504.20Required
Amendment Required for Earlier Filing Date BenefitMPEP 1504.20Required
New Basic Filing, Search, and Examination Fees Required for CPAMPEP 201.06(d)Required
No Search and Examination Fees for CPA Filed Before Dec 8, 2004MPEP 201.06(d)Required
Oath or Declaration Requirement for CPA Filed After September 16, 2012MPEP 201.06(d)Required
Requirement for Referencing Prior ApplicationMPEP 211Required
Amendment Required for Earlier Filing Date BenefitMPEP 211Required
Priority Application Filing Within 12 MonthsMPEP 213Required
International Application Entitled to Priority Based on Prior Foreign or International ApplicationMPEP 213.01Required
Request for Reexamination Must Be Accompanied by FeeMPEP 2210Required
Request Must Cite Pertinent Prior Art for Each ClaimMPEP 2210Required
Excess Claims Fees Required for Reexamination Filing After December 8, 2004MPEP 2250.03Required
Extensions Not Allowed In Ex Parte ReexaminationsMPEP 2265Required
Revival Fee for Late Patent ActionsMPEP 2268Required
Filing Fee Required for First Appeal BriefMPEP 2274Required
Appeal Brief Must Include Authorities and Claims SummaryMPEP 2274Required
One Copy of Appeal Brief RequiredMPEP 2274Required
Copy of Appeal Brief Must Be Served on Third-Party RequesterMPEP 2274Required
Outstanding Issues Must Be Resolved Before Interference SuggestionMPEP 2303.02Required
Administrative Trial Must Be Resolved Before Interference SuggestedMPEP 2303.02Required
Full Maintenance Fee Due Before ExpirationMPEP 2520Required
Petition to Reinstate Patent After Expired Maintenance FeeMPEP 2590Required
Petition Fee Required for Delayed Maintenance Fee PaymentMPEP 2590Required
Separate Petition Fee for Each Late Maintenance FeeMPEP 2590Required
Petition for Unintentional Delay of Maintenance Fee PaymentMPEP 2590Required
Separate Fees for Each Unpaid Maintenance FeeMPEP 2590Required
Patent Not Expired After Late Fee PaymentMPEP 2590Required
Use Rights After Late Fee PaymentMPEP 2591Required
60 Percent Fee Reduction for Small Businesses and NonprofitsMPEP 509.02Required
80 Percent Filing Fee Reduction for Small Entities via Electronic FilingsMPEP 509.02Required
Excess Claims Fees for Reissue ApplicationsMPEP 607Required
Fee for Reviving Abandoned Patent ApplicationMPEP 711.03(c)Required
Office May Waive Revival Petition Fee Due to Widespread DisasterMPEP 711.03(c)Required
Petition Fee Required for FilingMPEP 711.03(c)Required
Petition Fee Requirement for Revival PetitionsMPEP 711.03(c)Required
Additional Claims Require Extra FeesMPEP 714.16(c)Required
Additional Claims Require Full FeeMPEP 714.16(c)Required

Petition to Revive Abandoned Application Due to Unintentional DelayMPEP 1124
Petition to Revive Abandoned Application Requires Unintentional Delay and Fee PaymentMPEP 1124
Petition to Revive Required for Unintentional Delay in Foreign Filing NoticeMPEP 1124
Petition to Revive Abandoned Application Due to Unintentional DelayMPEP 1124Permitted
Director Authorized to Adjust Appeal FeesMPEP 1204
Fees for Appeal Proceedings AdjustedMPEP 1204
Reissue Does Not Alter Original Patent Fee ScheduleMPEP 1415.01
Reissue Patent Only for Unexpired Original TermMPEP 1415.01
Director No Longer Has Reissue Authority After Patent ExpirationMPEP 1415.01
No Reissue for Expired PatentsMPEP 1415.01
Director May Accept Late Priority ClaimsMPEP 213.01Permitted
Excess Claims Fees During ReexaminationMPEP 2250.03
Excess Claims Fees Not Applicable During ReexaminationMPEP 2250.03
Excess Claims Fees for ReexaminationMPEP 2250.03
Excess Claims Fees During ReexaminationMPEP 2250.03
Director May Establish Procedures to Accept Unintentionally Delayed Response in ReexaminationMPEP 2268Permitted
Revival of Unintentionally Abandoned Patent ApplicationMPEP 2268
Unintentionally Delayed Response in Reexamination AllowedMPEP 2268
Unintentional Delay Fee Applies to ReexaminationMPEP 2268
Office Authority to Revive Unintentionally Abandoned Applications in ReexaminationMPEP 2268
Director May Accept Unintentionally Delayed Response in ReexaminationMPEP 2268
Patents Undergoing Reexamination or Reissue Must Complete ExaminationMPEP 2303.02
Patents Subject to Other Office ProceedingsMPEP 2303.02Permitted
Petition for Late Maintenance Fee AcceptanceMPEP 2303.02Permitted
Patent Maintenance Fee Not Timely Paid Results In ExpirationMPEP 2303.02
Expired Patent Cannot Be Interfered WithMPEP 2303.02
Interference Cannot Be Declared with Expired PatentsMPEP 2303.02Prohibited
No Interference If Petition Not Granted for Late FeeMPEP 2303.02Permitted
Late Payment of Maintenance Fee Permitted After Grace Period If UnintentionalMPEP 2590Permitted
Reply Period for Notice Under 37 CFR 1.251MPEP 508.04
Extension of Time for Reply to NoticeMPEP 508.04
Patent Term Adjustment Reduced for Delayed ReplyMPEP 508.04
Reply Period of Six Months in Patent Notice Under 37 CFR 1.251MPEP 508.04
Reply Period Not Extendable In PatentMPEP 508.04
Discount Available to Small Businesses and InventorsMPEP 509.02
Small Entity Discount for Patent Application Fees ExtendedMPEP 509.02
60% Small Entity Fee Discount for PCT ApplicationsMPEP 509.02
Small Entity Discount for PCT Filing, Searching, and Examining FeesMPEP 509.02
60 Percent Small Entity Fee ReductionMPEP 509.02
Small Entity May Qualify for Micro Entity StatusMPEP 509.02Permitted
80 Percent Filing Fee Reduction for Small EntitiesMPEP 509.02
80 Percent Reduction Not Applicable to Design ApplicationsMPEP 509.02
Reduced Fees Only for Full Small Entity OwnershipMPEP 509.02
Fee Reduction Restricted to Small Entities OnlyMPEP 509.02
Non-Small Entity Cannot Transfer Patent Rights to Small Business for Reduced FeesMPEP 509.02Permitted

MPEP Section	Rules
MPEP § 1002.02(b)	Petitions for Accepting Late Submissions Due to Unintentional Delay in ReexaminationMPEP 1002.02(b)
MPEP § 1124	Failure to Provide Foreign Filing Notice Within 45 Days Results in AbandonmentMPEP 1124Required Petition to Revive Abandoned Application Due to Unintentional DelayMPEP 1124 Petition to Revive Abandoned Application Requires Unintentional Delay and Fee PaymentMPEP 1124 Petition to Revive Required for Unintentional Delay in Foreign Filing NoticeMPEP 1124 Petition to Revive Abandoned Application Due to Unintentional DelayMPEP 1124Permitted Petition Required After Rescinding Nonpublication Without Foreign Filing NoticeMPEP 1124Required
MPEP § 1204	Fees for Patent Appeals and Oral HearingsMPEP 1204Required Additional Fee for Forwarding Appeal to Board Post-AnswerMPEP 1204 Director Authorized to Adjust Appeal FeesMPEP 1204 Fees for Appeal Proceedings AdjustedMPEP 1204
MPEP § 1306	Issue Fee and Publication Fee Must Be Paid as Specified in Notice of AllowanceMPEP 1306Required Issue Fee Reduced for Small and Micro EntitiesMPEP 1306
MPEP § 1402	Unintentionally Delayed Provisional Application Claim Allowed After GrantMPEP 1402 Unintentionally Delayed Provisional Application Benefit Claim Allowed After GrantMPEP 1402 Unintentionally Delayed Provisional Application Reference Allowed After GrantMPEP 1402 Unintentionally Delayed Provisional Application Reference Allowed After Patent GrantMPEP 1402Required Petition to Accept Unintentionally Delayed Provisional Benefit Claim RequiredMPEP 1402Required Director May Require Additional Info for Unintentionally Delayed Provisional Application ClaimMPEP 1402Permitted
MPEP § 1415.01	Reissue Does Not Alter Original Patent Fee ScheduleMPEP 1415.01 No Reissue for Expired PatentsMPEP 1415.01Required Reissue Patent Only for Unexpired Original TermMPEP 1415.01 Director No Longer Has Reissue Authority After Patent ExpirationMPEP 1415.01 No Reissue for Expired PatentsMPEP 1415.01
MPEP § 1481	Patentee Can Request Certificate of CorrectionMPEP 1481Permitted Motion Required for PTAB Interference RequestsMPEP 1481Required
MPEP § 1481.02	Correction of Named InventorMPEP 1481.02Permitted Petition to Correct Inventorship in Interference Must Comply with Requirements and Accompany MotionMPEP 1481.02Required
MPEP § 1481.03	Amendment Required for Provisional BenefitMPEP 1481.03Required Amendment Requirement for Continuation BenefitsMPEP 1481.03Permitted Director May Accept Late Submission of Provisional ReferenceMPEP 1481.03Permitted
MPEP § 1504.20	Requirement for Referencing Prior ApplicationMPEP 1504.20Required Amendment Required for Earlier Filing Date BenefitMPEP 1504.20Required Failure to Submit Amendment Waives BenefitMPEP 1504.20Permitted Director May Accept Late Amendment SubmissionMPEP 1504.20Permitted
MPEP § 201.01	Types of National Applications DefinedMPEP 201.01
MPEP § 201.06(d)	Prior Nonprovisional Application Components Used in CPAMPEP 201.06(d) New Basic Filing, Search, and Examination Fees Required for CPAMPEP 201.06(d)Required No Search and Examination Fees for CPA Filed Before Dec 8, 2004MPEP 201.06(d)Required Oath or Declaration Requirement for CPAMPEP 201.06(d) Oath or Declaration from Prior Application Required for CPAMPEP 201.06(d)Prohibited Oath or Declaration Requirement for CPA Filed After September 16, 2012MPEP 201.06(d)Required
MPEP § 211	Requirement for Referencing Prior ApplicationMPEP 211Required Amendment Required for Earlier Filing Date BenefitMPEP 211Required Failure to Submit Amendment Waives Benefit Under Section 120MPEP 211Permitted Director May Accept Late Submission of Benefit AmendmentMPEP 211Permitted
MPEP § 213	Priority Application Filing Within 12 MonthsMPEP 213Required 12-Month Priority Period Extension for Unintentional DelaysMPEP 213Permitted
MPEP § 213.01	International Application Entitled to Priority Based on Prior Foreign or International ApplicationMPEP 213.01Required Director May Accept Late Priority ClaimsMPEP 213.01Permitted
MPEP § 2210	Any Person May Request Patent Reexamination Based on Prior ArtMPEP 2210Permitted Request for Reexamination Must Be Accompanied by FeeMPEP 2210Required Request Must Cite Pertinent Prior Art for Each ClaimMPEP 2210Required Request for Reexamination Copy Sent to Patent OwnerMPEP 2210
MPEP § 2250.03	Excess Claims Fees During ReexaminationMPEP 2250.03 Excess Claims Fees Not Applicable During ReexaminationMPEP 2250.03 Excess Claims Fees for ReexaminationMPEP 2250.03 Excess Claims Fees During ReexaminationMPEP 2250.03 Excess Claims Fees Required for Reexamination After December 8, 2004MPEP 2250.03 Excess Claims Fees Apply to All PatentsMPEP 2250.03 Excess Claims Fees Required for Reexamination Filing After December 8, 2004MPEP 2250.03Required Excess Claims Fees Due for Amendments After December 8, 2004MPEP 2250.03
MPEP § 2265	Extensions Not Allowed In Ex Parte ReexaminationMPEP 2265 Extensions Not Allowed In Ex Parte ReexaminationsMPEP 2265 Ex Parte Reexamination Does Not Involve ApplicationMPEP 2265 Extensions Not Allowed In Ex Parte ReexaminationsMPEP 2265Required No Application or Applicant in Ex Parte ReexaminationMPEP 2265
MPEP § 2268	Director May Establish Revival Procedures for Patent Applications and ReexaminationsMPEP 2268Permitted Revival Fee for Late Patent ActionsMPEP 2268Required Revival Fee for Late PetitionsMPEP 2268 Revival Fee for Late PetitionsMPEP 2268 Director May Refund Revival Fee in Exceptional CircumstancesMPEP 2268Permitted Director May Establish Procedures to Accept Unintentionally Delayed Response in ReexaminationMPEP 2268Permitted Revival of Unintentionally Abandoned Patent ApplicationMPEP 2268 Unintentionally Delayed Response in Reexamination AllowedMPEP 2268 Unintentional Delay Fee Applies to ReexaminationMPEP 2268 Office Authority to Revive Unintentionally Abandoned Applications in ReexaminationMPEP 2268 Director May Accept Unintentionally Delayed Response in ReexaminationMPEP 2268
MPEP § 2274	Filing Fee Required for First Appeal BriefMPEP 2274Required Appeal Brief Must Include Authorities and Claims SummaryMPEP 2274Required One Copy of Appeal Brief RequiredMPEP 2274Required Copy of Appeal Brief Must Be Served on Third-Party RequesterMPEP 2274Required
MPEP § 2303.02	Patents Undergoing Reexamination or Reissue Must Complete ExaminationMPEP 2303.02 Patents Subject to Other Office ProceedingsMPEP 2303.02Permitted Petition for Late Maintenance Fee AcceptanceMPEP 2303.02Permitted Outstanding Issues Must Be Resolved Before Interference SuggestionMPEP 2303.02Required Administrative Trial Must Be Resolved Before Interference SuggestedMPEP 2303.02Required Patent Maintenance Fee Not Timely Paid Results In ExpirationMPEP 2303.02 Expired Patent Cannot Be Interfered WithMPEP 2303.02 Interference Cannot Be Declared with Expired PatentsMPEP 2303.02Prohibited No Interference If Petition Not Granted for Late FeeMPEP 2303.02Permitted
MPEP § 2304.02(d)	Specification Must Describe Invention Completely Where Interference SuggestedMPEP 2304.02(d)
MPEP § 2501	Correspondence Address and Powers of Attorney Must Be Updated Post-IssuanceMPEP 2501
MPEP § 2506	Maintenance Fees Cannot Be Paid In AdvanceMPEP 2506Prohibited Window Period for Maintenance Fee Payments Without SurchargeMPEP 2506Permitted Window Period for Maintenance Fees Without SurchargeMPEP 2506 Due Dates for Utility Patent Maintenance Fees Defined by StatuteMPEP 2506 Window Periods for Maintenance Fees Must Be Paid Without SurchargeMPEP 2506 Last Day of Window Period Without SurchargeMPEP 2506Permitted Last Day of Maintenance Fee Window Is Patent Grant Date Plus Years and MonthsMPEP 2506
MPEP § 2520	Fee Amounts for Maintenance and Grace Period Surcharge SetMPEP 2520 Consumer Price Index Adjusted Maintenance Fees RequiredMPEP 2520 Maintenance Fees Reduced for Small and Micro EntitiesMPEP 2520 Current Maintenance Fee Amounts Must Be Obtained From USPTOMPEP 2520Permitted Effect of Terminal Disclaimer on Patent TermMPEP 2520 Full Maintenance Fee Due Before ExpirationMPEP 2520Required Full Maintenance Fee Due Before ExpirationMPEP 2520Prohibited
MPEP § 2590	Unintentional Delayed Maintenance Fee Acceptable to Reinstate PatentMPEP 2590Permitted Petition to Reinstate Patent After Expired Maintenance FeeMPEP 2590Required Unintentional Delay in Maintenance Fee PaymentMPEP 2590Permitted Petition to Reinstate Patent with Unintentional Delayed Maintenance Fee PaymentMPEP 2590 Petition Fee Required for Delayed Maintenance Fee PaymentMPEP 2590Required Separate Petition Fee for Each Late Maintenance FeeMPEP 2590Required Petition for Unintentional Delay of Maintenance Fee PaymentMPEP 2590Required Requirement for Unintentional Delay Statement in Patent Maintenance Fee PetitionsMPEP 2590 Separate Fees for Each Unpaid Maintenance FeeMPEP 2590Required Patent Not Expired After Late Fee PaymentMPEP 2590Required Late Payment of Maintenance Fee Permitted After Grace Period If UnintentionalMPEP 2590Permitted
MPEP § 2591	Intervening Rights in Reinstated PatentsMPEP 2591 Use Rights After Late Fee PaymentMPEP 2591Required
MPEP § 2913	Unintentional Delay Excused for Design Applications to USMPEP 2913Permitted
MPEP § 508.04	Reply Period for Notice Under 37 CFR 1.251MPEP 508.04 Extension of Time for Reply to NoticeMPEP 508.04 Patent Term Adjustment Reduced for Delayed ReplyMPEP 508.04 Reply Period of Six Months in Patent Notice Under 37 CFR 1.251MPEP 508.04 Reply Period Not Extendable In PatentMPEP 508.04
MPEP § 509.02	60 Percent Fee Reduction for Small Businesses and NonprofitsMPEP 509.02Required Discount Available to Small Businesses and InventorsMPEP 509.02 Small Entity Discount for Patent Application Fees ExtendedMPEP 509.02 60% Small Entity Fee Discount for PCT ApplicationsMPEP 509.02 Small Entity Discount for PCT Filing, Searching, and Examining FeesMPEP 509.02 60 Percent Small Entity Fee ReductionMPEP 509.02 Small Entity May Qualify for Micro Entity StatusMPEP 509.02Permitted 80 Percent Filing Fee Reduction for Small Entities via Electronic FilingsMPEP 509.02Required 80 Percent Filing Fee Reduction for Small EntitiesMPEP 509.02 80 Percent Reduction Not Applicable to Design ApplicationsMPEP 509.02 Director Can Define Independent Inventors and Nonprofit OrgsMPEP 509.02 SBA Authority to Define Small Business ConcernsMPEP 509.02 Definition of Small Entities for Reduced FeesMPEP 509.02 Definition of Person for Small Entity StatusMPEP 509.02 Reduced Fees Only for Full Small Entity OwnershipMPEP 509.02 Fee Reduction Restricted to Small Entities OnlyMPEP 509.02 Non-Small Entity Cannot Transfer Patent Rights to Small Business for Reduced FeesMPEP 509.02Permitted
MPEP § 509.04(a)	Micro Entity Certification RequirementsMPEP 509.04(a) Micro Entity Status on Gross Income BasisMPEP 509.04(a)
MPEP § 607	Fee Setting for Patent ApplicationsMPEP 607 Fee Requirements for Patent ApplicationsMPEP 607 Excess Claims Fees Apply to Reissue ApplicationsMPEP 607 Claims in Original Patent Not Considered for Reissue FeeMPEP 607 Excess Claims Fees for Reissue ApplicationsMPEP 607Required
MPEP § 608.01(n)	Multiple Dependent Claims Count as MultipleMPEP 608.01(n)Prohibited Proper Dependent Claims Count as Multiple DependentMPEP 608.01(n)
MPEP § 710.02	Fees for Extensions of Time to Act in Patent ApplicationsMPEP 710.02
MPEP § 711.03(c)	Patent Application Revival Upon PetitionMPEP 711.03(c)Permitted Fee for Reviving Abandoned Patent ApplicationMPEP 711.03(c)Required Director May Refund Fee Under Exceptional CircumstancesMPEP 711.03(c)Permitted Office May Waive Revival Petition Fee Due to Widespread DisasterMPEP 711.03(c)Required Exceptional Circumstances Do Not Permit RefundsMPEP 711.03(c) Petition Fee Required for FilingMPEP 711.03(c)Required Petition Fee Requirement for Revival PetitionsMPEP 711.03(c)Required
MPEP § 714.16(c)	Additional Claims Require Extra FeesMPEP 714.16(c)Required Additional Claims Require Full FeeMPEP 714.16(c)Required

Based on MPEP Last Modified: 10/30/2024 08:50:22

35 U.S.C. 41 Patent fees; patent and trademark search systems.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

35 U.S.C. § 41 — Patent fees; patent and trademark search (MPEP Coverage Index) — BlueIron IP

Summary

Pending USPTO Updates

35 U.S.C. 41 Patent fees; patent and trademark search systems.

Related Provisions