USPTO Reducing PTC National Stage Search and Examination Fees
On June 20, 2005, the United States Patent and Trademark Office (Office) announced that it is reducing the search fee and examination fee for certain PCT applications entering the national stage. The changes in this final rule apply to any search fee paid on or after July 1, 2005, and to any examination fee paid on or after July 1, 2005, in an international application entering the national stage under 35 U.S.C. 371 for which the basic national fee specified in 35 U.S.C. 41 was paid on or after December 8, 2004.
Among other things, the Consolidated Appropriations Act of 2005 split the national fee for Patent Cooperation Treaty (PCT) applications entering the national stage into a separate national fee, search fee and examination fee, during fiscal years 2005 and 2006. The United States Patent and Trademark Office (Office) is now reducing the search fee and examination fee for certain PCT applications entering the national stage.
In particular, the Office will reduce the search fee to $0.00 and the examination fee to $0.00 where an international preliminary examination report on the international application prepared by the United States International Preliminary Examining Authority or a written opinion on the international application prepared by the United States International Searching Authority states that the PCT Article 33(1) to (4) criteria have been satisfied for all of the claims presented in the application entering the national stage (§ 1.496(b)).
The Office is also reducing the search fee to $100.00 ($50.00 for a small entity) for other applications entering the national stage in the United States with an international search report provided by the United States Patent and Trademark Office acting as an International Searching Authority. The Office reduced the search fee to $400.00 ($200.00 for a small entity) for applications entering the national stage in the United States with an international search report provided by an International Searching Authority other than the United States Patent and Trademark Office.
The search fees and examination fees in § 1.492 apply only to international applications entering the national stage in the United States under 35 U.S.C. 371. The search fees and examination fees in § 1.492 do not apply to any application filed under 35 U.S.C. 111(a), including continuation applications of an international application (i.e., a bypass continuation application), or continuation applications of an international application that entered the national stage in the United States under 35 U.S.C. 371.
If the Office delays issuance of the international preliminary examination report until after thirty months from the priority date, and the international preliminary examination report states that the PCT Article 33(1) to (4) criteria have been satisfied for all of the claims presented in the application entering the national stage, the applicant may request a refund of the search fee and the examination fee. The Office will grant such a request for refund, however, only where the delay in issuance of the international preliminary examination report was the Office’s fault (e.g., the Office will not grant a refund where the delay was due to applicant delays, or delays by another International Searching Authority).
Among other things, the Consolidated Appropriations Act of 2005 split the national fee for Patent Cooperation Treaty (PCT) applications entering the national stage into a separate national fee, search fee and examination fee, during fiscal years 2005 and 2006. The United States Patent and Trademark Office (Office) is now reducing the search fee and examination fee for certain PCT applications entering the national stage.
In particular, the Office will reduce the search fee to $0.00 and the examination fee to $0.00 where an international preliminary examination report on the international application prepared by the United States International Preliminary Examining Authority or a written opinion on the international application prepared by the United States International Searching Authority states that the PCT Article 33(1) to (4) criteria have been satisfied for all of the claims presented in the application entering the national stage (§ 1.496(b)).
The Office is also reducing the search fee to $100.00 ($50.00 for a small entity) for other applications entering the national stage in the United States with an international search report provided by the United States Patent and Trademark Office acting as an International Searching Authority. The Office reduced the search fee to $400.00 ($200.00 for a small entity) for applications entering the national stage in the United States with an international search report provided by an International Searching Authority other than the United States Patent and Trademark Office.
The search fees and examination fees in § 1.492 apply only to international applications entering the national stage in the United States under 35 U.S.C. 371. The search fees and examination fees in § 1.492 do not apply to any application filed under 35 U.S.C. 111(a), including continuation applications of an international application (i.e., a bypass continuation application), or continuation applications of an international application that entered the national stage in the United States under 35 U.S.C. 371.
If the Office delays issuance of the international preliminary examination report until after thirty months from the priority date, and the international preliminary examination report states that the PCT Article 33(1) to (4) criteria have been satisfied for all of the claims presented in the application entering the national stage, the applicant may request a refund of the search fee and the examination fee. The Office will grant such a request for refund, however, only where the delay in issuance of the international preliminary examination report was the Office’s fault (e.g., the Office will not grant a refund where the delay was due to applicant delays, or delays by another International Searching Authority).
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