Q1. Assuming the Consolidated Appropriations Act, 2005 (H.R. 4818) is enacted on December 8, 2004 and that an applicant filed a utility patent application including 25 total claims and 4 independent claims accompanied by a check for $968.00 (the amount due for such an application if filed on October 1, 2004) on that date, what fees will be due, and will any surcharge be due? The application included only 70 pages of specification and drawings and the applicant did not establish entitlement to the small entity discount.
A1. The applicant will owe the following fees on filing:
a. Basic filing fee: $300.00
b. Search fee: $500.00
c. Examination fee: $200.00
d. Independent claim fee for one extra independent claim: $200.00
e. Excess claims fees for five additional claims: $250.00 Total fees due: $1450.00.
No surcharge would be due as the Office would attribute $300.00 of the $968.00 paid to the filing fee. The Office would mail a notice requiring payment of the balance of $482.00. The notice would set a time period for reply, which would be extendable under the current Office practice.