0651-0031 2024 Patent Fee Rule CWS

JUSTIFICATION FOR NONMATERIAL/NONSUBSTANTIVE CHANGE

Patent Processing

OMB Control Number 0651-0031

Background

The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. 131 to examine an application for patent and, when appropriate, issue a patent. The USPTO is also required to publish patent applications, with certain exceptions, promptly after the expiration of a period of eighteen months from the earliest filing date for which a benefit is sought under Title 35, United States Code (“eighteen-month publication”). Certain situations may arise which require that additional information be supplied in order for the USPTO to further process the patent or application. The USPTO administers the statutes through various sections of the roles of practice in 37 CFR Part 1.

During the processing of an application for a patent, the applicant or applicant’s representative may submit additional information to the USPTO concerning the examination of a specific application. For example, the applicant or applicant’s representative may submit: information disclosure statements, petitions for extension of time, express abandonments of applications and petitions to revive abandoned applications, disclaimers, pre-appeal requests for review, petitions to make special, requests for expedited examination of design applications, requests for continued examination, requests to inspect, copy, and access patent applications, and certain transmittal forms.

The information in this collection is used by the USPTO to continue the processing of the patent or application to ensure that applicants are complying with the patent regulations and to aid in the prosecution of the application.

In support of RIN 0651-AD64 (Setting and Adjusting Patent Fees During Fiscal Year 2025; 89 FRN 91898)¹, the USPTO is changing 66 fees and adding in eleven fees in this information collection

Additionally, eight forms are being revised and two forms are being added to reflect changes made by the rulemaking. The nine forms being revised are:

• PTO/AIA/22 and PTO/SB/22 (Petition for Extension of Time Under 37 CFR 1.136(a))

• PTO/AIA/24B and PTO/SB/24B (Petition for Express Abandonment to Obtain a Refund)

• PTO/SB/17i (Processing Fee Under 37 CFR 1.17(i) Transmittal)

• PTO/SB/64 (Petition for Revival of an Application for Patent Abandoned Unintentionally under 37 CFR 1.137(a))

• PTO/SB/64a (Petition for Revival of an Application for Patent Abandoned for Failure to Notify the Office of a Foreign or International Filing (37 CFR 1.137(f)))

• PTO/SB/64PCT (Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unintentionally Under 37 CFR 1.137(a))

The two forms being added are:

• PTO/AIA/22p (Petition for Extension of Time Under 37 CFR 1.136(a) for Provisional Applications only)

• PTO/SB/08c (Information Disclosure Size Fee - Written Assertion Under 37 CFR 1.98)

Table 1: Changes in Fee Amount

Item No.	Fee Code(s)	Item	Current Fee	New Fee	Changes in Fee Amount
1	1806	Information Disclosure Statements (IDS) that require the fee set forth in 37 CFR 1.17(p) (undiscounted)	$260	$280	+$20
1	2806	IDS that require the fee set forth in 37 CFR 1.17(p) (small entity)	$104	$112	+$8
1	3806	IDS that require the fee set forth in 37 CFR 1.17(p) (micro entity)	$52	$56	+$4
1	18D1	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 50 but not exceed 100 (undiscounted)	Not previously included in 0031 - new fee	$200	+$200
1	28D1	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 50 but not exceed 100 (small entity)	Not previously included in 0031 - new fee	$200	+$200
1	38D1	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 50 but not exceed 100 (micro entity)	Not previously included in 0031 - new fee	$200	+$200
1	18D2	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 100 but not exceed 200 (undiscounted)	Not previously included in 0031 - new fee	$500	+$500
1	28D2	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 100 but not exceed 200 (small entity)	Not previously included in 0031 - new fee	$500	+$500
1	38D2	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 100 but not exceed 200 (micro entity)	Not previously included in 0031 - new fee	$500	+$500
1	18D3	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 200 (undiscounted)	Not previously included in 0031 - new fee	$800	+$800
1	28D3	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 200 (small entity)	Not previously included in 0031 - new fee	$800	+$800
1	38D3	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 200 (micro entity)	Not previously included in 0031 - new fee	$800	+$800
3	1251	One-month Extension of Time under 37 CFR 1.136(a) (undiscounted)	$220	$235	+$15
3	2251	One-month Extension of Time under 37 CFR 1.136(a) (small entity)	$88	$94	+$6
3	3251	One-month Extension of Time under 37 CFR 1.136(a) (micro entity)	$44	$47	+$3
3	1252	Two-month Extension of Time under 37 CFR 1.136(a) (undiscounted)	$640	$690	+$50
3	2252	Two-month Extension of Time under 37 CFR 1.136(a) (small entity)	$256	$276	+$20
3	3252	Two-month Extension of Time under 37 CFR 1.136(a) (micro entity)	$128	$138	+$10
3	1253	Three-month Extension of Time under 37 CFR 1.136(a) (undiscounted)	$1,480	$1,590	+$110
3	2253	Three-month Extension of Time under 37 CFR 1.136(a) (small entity)	$592	$636	+$44
3	3253	Three-month Extension of Time under 37 CFR 1.136(a) (micro entity)	$296	$318	+$22
3	1254	Four-month Extension of Time under 37 CFR 1.136(a) (undiscounted)	$2,320	$2,495	+$175
3	2254	Four-month Extension of Time under 37 CFR 1.136(a) (small entity)	$928	$998	+$70
3	3254	Four-month Extension of Time under 37 CFR 1.136(a) (micro entity)	$464	$499	+$35
3	1255	Five-month Extension of Time under 37 CFR 1.136(a) (undiscounted)	$3,160	$3,395	+$235
3	2255	Five-month Extension of Time under 37 CFR 1.136(a) (small entity)	$1,264	$1,358	+$94
3	3255	Five-month Extension of Time under 37 CFR 1.136(a) (micro entity)	$632	$679	+$47
3	12P1	Extension for response within first month, provisional application (undiscounted)	Not previously included in 0031 - new fee2	$50	+$50
3	22P1	Extension for response within first month, provisional application (small entity)	Not previously included in 0031 - new fee	$20	+$20
3	32P1	Extension for response within first month, provisional application (micro entity)	Not previously included in 0031 - new fee	$10	+$10
3	12P2	Extension for response within second month, provisional application (undiscounted)	Not previously included in 0031 - new fee3	$100	+$100
3	22P2	Extension for response within second month, provisional application (small entity)	Not previously included in 0031 - new fee	$40	+$40
3	32P2	Extension for response within second month, provisional application (micro entity)	Not previously included in 0031 - new fee	$20	+$20
3	12P3	Extension for response within third month, provisional application (undiscounted)	Not previously included in 0031 - new fee4	$200	+$200
3	22P3	Extension for response within third month, provisional application (small entity)	Not previously included in 0031 - new fee	$80	+$80
3	32P3	Extension for response within third month, provisional application (micro entity)	Not previously included in 0031 - new fee	$40	+$40
3	12P4	Extension for response within fourth month, provisional application (undiscounted)	Not previously included in 0031 - new fee5	$400	+$400
3	22P4	Extension for response within fourth month, provisional application (small entity)	Not previously included in 0031 - new fee	$160	+$160
3	32P4	Extension for response within fourth month, provisional application (micro entity)	Not previously included in 0031 - new fee	$80	+$80
3	12P5	Extension for response within fifth month, provisional application (undiscounted)	Not previously included in 0031 - new fee6	$800	+$800
3	22P5	Extension for response within fifth month, provisional application (small entity)	Not previously included in 0031 - new fee	$320	+$320
3	32P5	Extension for response within fifth month, provisional application (micro entity)	Not previously included in 0031 - new fee	$160	+$160
5	1814	Statutory Disclaimer (including terminal disclaimer) (undiscounted)	$170	$183	+$13
5	2814	Statutory Disclaimer (including terminal disclaimer) (small entity)	$170	$183	+$13
5	3814	Statutory Disclaimer (including terminal disclaimer) (micro entity)	$170	$183	+$13
6	1802	Request for Expedited Examination of a Design Application (undiscounted)	$1,600	$1,720	+$120
6	2802	Request for Expedited Examination of a Design Application (small entity)	$640	$688	+$48
6	3802	Request for Expedited Examination of a Design Application (micro entity)	$320	$344	+$24
7	1453	Petition for Revival of an Application for Patent Abandoned Unintentionally (undiscounted)	$2,100	$2,260	+$160
7	2453	Petition for Revival of an Application for Patent Abandoned Unintentionally (small entity)	$840	$904	+$64
7	3453	Petition for Revival of an Application for Patent Abandoned Unintentionally (micro entity)	$420	$452	+$32
8	1453	Petition for revival of an application for patent abandoned for failure to notify the office of a foreign or international filing (undiscounted)	$2,100	$2,260	+$160
8	2453	Petition for revival of an application for patent abandoned for failure to notify the office of a foreign or international filing (small entity)	$840	$904	+$64
8	3453	Petition for revival of an application for patent abandoned for failure to notify the office of a foreign or international filing (micro entity)	$420	$452	+$32
8	14R2	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, delay greater than two years (undiscounted)	Not previously included in 0031 - new fee7	$3,000	+$3,000
8	24R2	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, delay greater than two years (small entity)	Not previously included in 0031 - new fee	$1,200	+$1,200
8	34R2	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, delay greater than two years (micro entity	Not previously included in 0031 - new fee	$600	+$600
16	1808	Copy of File Content Showing Redactions (undiscounted)	$140	$151	+$11
16	2808	Copy of File Content Showing Redactions (small entity)	$140	$151	+$11
16	3808	Copy of File Content Showing Redactions (micro entity)	$140	$151	+$11
18	1801	Request for Continued Examination (RCE) Transmittal (First Request) (undiscounted)	$1,360	$1,500	+$140
18	2801	Request for Continued Examination (RCE) Transmittal (First Request) (small entity)	$544	$600	+$56
18	3801	Request for Continued Examination (RCE) Transmittal (First Request) (micro entity)	$272	$300	+$28
18	1820	Request for Continued Examination (RCE) Transmittal (Second and Subsequent Requests) (undiscounted)	$2,000	$2,860	+$860
18	2820	Request for Continued Examination (RCE) Transmittal (Second and Subsequent Requests) (undiscounted)	$800	$1,144	+$344
18	3820	Request for Continued Examination (RCE) Transmittal (Second and Subsequent Requests) (micro entity)	$400	$572	+$172
19	1830	Request for Suspension of Action or Deferral of Examination Under 37 CFR 1.103(b), (c), or (d) (undiscounted)	$140	$150	+$10
19	2830	Request for Suspension of Action or Deferral of Examination Under 37 CFR 1.103(b), (c), or (d) (small entity)	$56	$60	+$4
19	3830	Request for Suspension of Action or Deferral of Examination Under 37 CFR 1.103(b), (c), or (d) (micro entity)	$28	$30	+$2
19	14FS	First request for suspension of action (undiscounted)	Not previously included in 0031 - new fee8	$300	+$300
19	24FS	First request for suspension of action (small entity)	Not previously included in 0031 - new fee	$120	+$120
19	34FS	First request for suspension of action (micro entity)	Not previously included in 0031 - new fee	$60	+$60
19	14SS	Subsequent request for suspension of action (undiscounted)	Not previously included in 0031 - new fee	$450	+$450
19	24SS	Subsequent request for suspension of action (small entity)	Not previously included in 0031 - new fee	$180	+$180
19	34SS	Subsequent request for suspension of action (micro entity)	Not previously included in 0031 - new fee	$90	+$90
20	1803	Request for Voluntary Publication or Republication (includes publication fee for republication) (undiscounted)	$140	$151	+$11
20	2803	Request for Voluntary Publication or Republication (includes publication fee for republication) (small entity)	$140	$151	+$11
20	3803	Request for Voluntary Publication or Republication (includes publication fee for republication) (micro entity)	$140	$151	+$11
20	1505	Publication fee for republication (Undiscounted entity)	Not previously included in 0651-0031	$344	+$344
20	2505	Publication fee for republication (Small entity)	Not previously included in 0651-0031	$344	+$344
20	3505	Publication fee for republication (Micro entity)	Not previously included in 0651-0031	$344	+$344
22	1830	Processing Fee Under 37 CFR 1.17(i) Transmittal (undiscounted)	$140	$150	+$10
22	2830	Processing Fee Under 37 CFR 1.17(i) Transmittal (small entity)	$56	$60	+$4
22	3830	Processing Fee Under 37 CFR 1.17(i) Transmittal (micro entity)	$28	$30	+$2
29	1810	For each additional invention to be examined (see 37 CFR 1.129(b)) (undiscounted)	$880	$945	+$65
29	2810	For each additional invention to be examined (see 37 CFR 1.129(b)) (small entity)	$352	$378	+$26
29	3810	For each additional invention to be examined (see 37 CFR 1.129(b)) (micro entity)	$176	$189	+$13
29	1809	Filing a submission after final rejection (see 37 CFR 1.129(a)) (undiscounted)	$880	$945	+$65
29	2809	Filing a submission after final rejection (see 37 CFR 1.129(a)) (small entity)	$352	$378	+$26
29	3809	Filing a submission after final rejection (see 37 CFR 1.129(a)) (micro entity)	$176	$189	+$13
30	1819	Correction of inventorship after first office action on the merits (undiscounted)	$640	$690	+$50
30	2819	Correction of inventorship after first office action on the merits (small entity)	$256	$276	+$20
30	3819	Correction of inventorship after first office action on the merits (micro entity)	$128	$138	+$10
31	1830	Request for correction in a patent application relating to inventorship or inventor name, or order of names, other than in a reissue application (37 CFR 1.48) (non-provisional) (undiscounted)	$140	$150	+$10
31	2830	Request for correction in a patent application relating to inventorship or inventor name, or order of names, other than in a reissue application (37 CFR 1.48) (non-provisional) (small entity)	$56	$60	+$4
31	3830	Request for correction in a patent application relating to inventorship or inventor name, or order of names, other than in a reissue application (37 CFR 1.48) (non-provisional) (micro entity)	$28	$30	+$2
31	1807 2807 3807	Request for correction in a patent application relating to inventorship or inventor name, or order of names, other than in a reissue application (37 CFR 1.48) (provisional) (undiscounted, small, and micro)	$50	$54	+$4
N/A	1817	Request for prioritized examination (undiscounted)	$4,200	$4,515	+$315
N/A	2817	Request for prioritized examination (small entity)	$1,680	$1,806	+$126
N/A	3817	Request for prioritized examination (micro entity)	$840	$903	+$63

Table 2: Proposed Burden

Item No.	Fee Code(s)	Item	Reponses (a)	New Fee (b)	New Non-hour Cost Burden (a) x (b) = (c)
1	1806	Information Disclosure Statements (IDS) that require the fee set forth in 37 CFR 1.17(p) (undiscounted)	85,540	$280	$23,951,200
1	2806	IDS that require the fee set forth in 37 CFR 1.17(p) (small entity)	22,173	$112	$2,483,376
1	3806	IDS that require the fee set forth in 37 CFR 1.17(p) (micro entity)	624	$56	$34,944
1	18D1	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 50 but not exceed 100 (undiscounted)	32,578	$200	$6,515,600
1	28D1	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 50 but not exceed 100 (small entity)	11,533	$200	$2,306,600
1	38D1	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 50 but not exceed 100 (micro entity)	208	$200	$41,600
1	18D2	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 100 but not exceed 200 (undiscounted)	19,367	$500	$9,683,500
1	28D2	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 100 but not exceed 200 (small entity)	6,780	$500	$3,390,000
1	38D2	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 100 but not exceed 200 (micro entity)	88	$500	$44,000
1	18D3	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 200 (undiscounted)	19,367	$800	$15,493,600
1	28D3	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 200 (small entity)	6,780	$800	$5,424,000
1	38D3	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 200 (micro entity)	88	$800	$70,400
3	1251	One-month Extension of Time under 37 CFR 1.136(a) (undiscounted)	62,740	$235	$14,743,900
3	2251	One-month Extension of Time under 37 CFR 1.136(a) (small entity)	29,039	$94	$2,729,666
3	3251	One-month Extension of Time under 37 CFR 1.136(a) (micro entity)	3,509	$47	$164,923
3	1252	Two-month Extension of Time under 37 CFR 1.136(a) (undiscounted)	23,560	$690	$16,256,400
3	2252	Two-month Extension of Time under 37 CFR 1.136(a) (small entity)	15,484	$276	$4,273,584
3	3252	Two-month Extension of Time under 37 CFR 1.136(a) (micro entity)	1,922	$138	$265,236
3	1253	Three-month Extension of Time under 37 CFR 1.136(a) (undiscounted)	20,377	$1,590	$32,399,430
3	2253	Three-month Extension of Time under 37 CFR 1.136(a) (small entity)	23,002	$636	$14,629,272
3	3253	Three-month Extension of Time under 37 CFR 1.136(a) (micro entity)	2,558	$318	$813,444
3	1254	Four-month Extension of Time under 37 CFR 1.136(a) (undiscounted)	1,810	$2,495	$4,515,950
3	2254	Four-month Extension of Time under 37 CFR 1.136(a) (small entity)	2,196	$998	$2,191,608
3	3254	Four-month Extension of Time under 37 CFR 1.136(a) (micro entity)	266	$499	$132,734
3	1255	Five-month Extension of Time under 37 CFR 1.136(a) (undiscounted)	3,039	$3,395	$10,317,405
3	2255	Five-month Extension of Time under 37 CFR 1.136(a) (small entity)	3,176	$1,358	$4,313,008
3	3255	Five-month Extension of Time under 37 CFR 1.136(a) (micro entity)	206	$679	$139,874
3	12P1	Extension for response within first month, provisional application (undiscounted)	54	$50	$2,700
3	22P1	Extension for response within first month, provisional application (small entity)	51	$20	$1,020
3	32P1	Extension for response within first month, provisional application (micro entity)	66	$10	$660
3	12P2	Extension for response within second month, provisional application (undiscounted)	24	$100	$2,400
3	22P2	Extension for response within second month, provisional application (small entity)	23	$40	$920
3	32P2	Extension for response within second month, provisional application (micro entity)	30	$20	$600
3	12P3	Extension for response within third month, provisional application (undiscounted)	27	$200	$5,400
3	22P3	Extension for response within third month, provisional application (small entity)	26	$80	$2,080
3	32P3	Extension for response within third month, provisional application (micro entity)	34	$40	$1,360
3	12P4	Extension for response within fourth month, provisional application (undiscounted)	2	$400	$800
3	22P4	Extension for response within fourth month, provisional application (small entity)	2	$160	$320
3	32P4	Extension for response within fourth month, provisional application (micro entity)	3	$80	$240
3	12P5	Extension for response within fifth month, provisional application (undiscounted)	2	$800	$1,600
3	22P5	Extension for response within fifth month, provisional application (small entity)	2	$320	$640
3	32P5	Extension for response within fifth month, provisional application (micro entity)	3	$160	$480
5	1814	Statutory Disclaimer (including terminal disclaimer) (undiscounted)	36,105	$183	$6,607,215
5	2814	Statutory Disclaimer (including terminal disclaimer) (small entity)	13,175	$183	$2,411,025
5	3814	Statutory Disclaimer (including terminal disclaimer) (micro entity)	670	$183	$122,610
6	1802	Request for Expedited Examination of a Design Application (undiscounted)	713	$1,720	$1,226,360
6	2802	Request for Expedited Examination of a Design Application (small entity)	1,426	$688	$981,088
6	3802	Request for Expedited Examination of a Design Application (micro entity)	5,088	$344	$1,750,272
7	1453	Petition for Revival of an Application for Patent Abandoned Unintentionally (undiscounted)	2,323	$2,260	$5,249,980
7	2453	Petition for Revival of an Application for Patent Abandoned Unintentionally (small entity)	3,388	$904	$3,062,752
7	3453	Petition for Revival of an Application for Patent Abandoned Unintentionally (micro entity)	1,313	$452	$593,476
8	1453	Petition for revival of an application for patent abandoned for failure to notify the office of a foreign or international filing (undiscounted)	94	$2,260	$212,440
8	2453	Petition for revival of an application for patent abandoned for failure to notify the office of a foreign or international filing (small entity)	19	$904	$17,176
8	3453	Petition for revival of an application for patent abandoned for failure to notify the office of a foreign or international filing (micro entity)	12	$452	$5,424
8	14R2	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, delay greater than two years (undiscounted)	44	$3,000	$132,000
8	24R2	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, delay greater than two years (small entity)	109	$1,200	$130,800
8	34R2	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, delay greater than two years (micro entity	76	$600	$45,600
16	1808	Copy of File Content Showing Redactions (undiscounted)	1	$151	$151
16	2808	Copy of File Content Showing Redactions (small entity)	1	$151	$151
16	3808	Copy of File Content Showing Redactions (micro entity)	1	$151	$151
18	1801	Request for Continued Examination (RCE) Transmittal (First Request) (undiscounted)	70,734	$1,500	$106,101,000
18	2801	Request for Continued Examination (RCE) Transmittal (First Request) (small entity)	19,673	$600	$11,803,800
18	3801	Request for Continued Examination (RCE) Transmittal (First Request) (micro entity)	1,992	$300	$597,600
18	1820	Request for Continued Examination (RCE) Transmittal (Second and Subsequent Requests) (undiscounted)	29,979	$2,860	$85,739,940
18	2820	Request for Continued Examination (RCE) Transmittal (Second and Subsequent Requests) (undiscounted)	8,985	$1,144	$10,278,840
18	3820	Request for Continued Examination (RCE) Transmittal (Second and Subsequent Requests) (micro entity)	637	$572	$364,364
19	1830	Request for Suspension of Action or Deferral of Examination Under 37 CFR 1.103(b), (c), or (d) (undiscounted)	354	$150	$53,100
19	2830	Request for Suspension of Action or Deferral of Examination Under 37 CFR 1.103(b), (c), or (d) (small entity)	245	$60	$14,700
19	3830	Request for Suspension of Action or Deferral of Examination Under 37 CFR 1.103(b), (c), or (d) (micro entity)	31	$30	$930
19	14FS	First request for suspension of action (undiscounted)	1,817	$300	$545,100
19	24FS	First request for suspension of action (small entity)	166	$120	$19,920
19	34FS	First request for suspension of action (micro entity)	16	$60	$960
19	14SS	Subsequent request for suspension of action (undiscounted)	454	$450	$204,300
19	24SS	Subsequent request for suspension of action (small entity)	42	$180	$7,560
19	34SS	Subsequent request for suspension of action (micro entity)	4	$90	$360
20	1803	Request for Voluntary Publication or Republication (includes publication fee for republication) (undiscounted)	157	$151	$23,707
20	2803	Request for Voluntary Publication or Republication (includes publication fee for republication) (small entity)	19	$151	$2,869
20	3803	Request for Voluntary Publication or Republication (includes publication fee for republication) (micro entity)	4	$151	$604
20	1505	Publication fee for republication (Undiscounted entity)	102	$344	$35,088
20	2505	Publication fee for republication (Small entity)	2	$344	$688
20	3505	Publication fee for republication (Micro entity)	1	$344	$344
22	1830	Processing Fee Under 37 CFR 1.17(i) Transmittal (undiscounted)	56	$150	$8,400
22	2830	Processing Fee Under 37 CFR 1.17(i) Transmittal (small entity)	39	$60	$2,340
22	3830	Processing Fee Under 37 CFR 1.17(i) Transmittal (micro entity)	5	$30	$150
29	1810	For each additional invention to be examined (see 37 CFR 1.129(b)) (undiscounted)	1	$945	$945
29	2810	For each additional invention to be examined (see 37 CFR 1.129(b)) (small entity)	1	$378	$378
29	3810	For each additional invention to be examined (see 37 CFR 1.129(b)) (micro entity)	1	$189	$189
29	1809	Filing a submission after final rejection (see 37 CFR 1.129(a)) (undiscounted)	17	$945	$16,065
29	2809	Filing a submission after final rejection (see 37 CFR 1.129(a)) (small entity)	20	$378	$7,560
29	3809	Filing a submission after final rejection (see 37 CFR 1.129(a)) (micro entity)	6	$189	$1,134
30	1819	Correction of inventorship after first office action on the merits (undiscounted)	793	$690	$547,170
30	2819	Correction of inventorship after first office action on the merits (small entity)	617	$276	$170,292
30	3819	Correction of inventorship after first office action on the merits (micro entity)	60	$138	$8,280
31	1830	Request for correction in a patent application relating to inventorship or inventor name, or order of names, other than in a reissue application (37 CFR 1.48) (non-provisional) (undiscounted)	7,122	$150	$1,068,300
31	2830	Request for correction in a patent application relating to inventorship or inventor name, or order of names, other than in a reissue application (37 CFR 1.48) (non-provisional) (small entity)	5,180	$60	$310,800
31	3830	Request for correction in a patent application relating to inventorship or inventor name, or order of names, other than in a reissue application (37 CFR 1.48) (non-provisional) (micro entity)	648	$30	$19,440
31	1807 2807 3807	Request for correction in a patent application relating to inventorship or inventor name, or order of names, other than in a reissue application (37 CFR 1.48) (provisional) (undiscounted, small, and micro)	5,550	$54	$299,700
N/A	1817	Request for prioritized examination (undiscounted)	6,481	$4,515	$29,261,715
N/A	2817	Request for prioritized examination (small entity)	7,491	$1,806	$13,528,746
N/A	3817	Request for prioritized examination (micro entity)	1,028	$903	$928,284
		Totals	633,447	- - -	$461,870,807

Table 3: Changes in Cost

Item No.	Fee Code(s)	Items	Current Cost (a)	New Cost (b)	Change in Non-hour Cost Burden (b) – (a) = (c)
1	1806	Information Disclosure Statements (IDS) that require the fee set forth in 37 CFR 1.17(p) (undiscounted)	$22,240,400	$23,951,200	+$1,710,800
1	2806	IDS that require the fee set forth in 37 CFR 1.17(p) (small entity)	$2,305,992	$2,483,376	+$177,384
1	3806	IDS that require the fee set forth in 37 CFR 1.17(p) (micro entity)	$32,448	$34,944	+$2,496
1	18D1	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 50 but not exceed 100 (undiscounted)	Not previously included in 0031 - new fee	$6,515,600	+$6,515,600
1	28D1	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 50 but not exceed 100 (small entity)	Not previously included in 0031 - new fee	$2,306,600	+$2,306,600
1	38D1	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 50 but not exceed 100 (micro entity)	Not previously included in 0031 - new fee	$41,600	+$41,600
1	18D2	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 100 but not exceed 200 (undiscounted)	Not previously included in 0031 - new fee	$9,683,500	+$9,683,500
1	28D2	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 100 but not exceed 200 (small entity)	Not previously included in 0031 - new fee	$3,390,000	+$3,390,000
1	38D2	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 100 but not exceed 200 (micro entity)	Not previously included in 0031 - new fee	$44,000	+$44,000
1	18D3	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 200 (undiscounted)	Not previously included in 0031 - new fee	$15,493,600	+$15,493,600
1	28D3	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 200 (small entity)	Not previously included in 0031 - new fee	$5,424,000	+$5,424,000
1	38D3	Filing an Information Disclosure Statement that causes the cumulative number of applicant-provided or patent owner-provided items of information to exceed 200 (micro entity)	Not previously included in 0031 - new fee	$70,400	+$70,400
3	1251	One-month Extension of Time under 37 CFR 1.136(a) (undiscounted)	$13,802,800	$14,743,900	+$941,100
3	2251	One-month Extension of Time under 37 CFR 1.136(a) (small entity)	$2,555,432	$2,729,666	+$174,234
3	3251	One-month Extension of Time under 37 CFR 1.136(a) (micro entity)	$154,396	$164,923	+$10,527
3	1252	Two-month Extension of Time under 37 CFR 1.136(a) (undiscounted)	$15,078,400	$16,256,400	+$1,178,000
3	2252	Two-month Extension of Time under 37 CFR 1.136(a) (small entity)	$3,963,904	$4,273,584	+$309,680
3	3252	Two-month Extension of Time under 37 CFR 1.136(a) (micro entity)	$246,016	$265,236	+$19,220
3	1253	Three-month Extension of Time under 37 CFR 1.136(a) (undiscounted)	$30,157,960	$32,399,430	+$2,241,470
3	2253	Three-month Extension of Time under 37 CFR 1.136(a) (small entity)	$13,617,184	$14,629,272	+$1,012,088
3	3253	Three-month Extension of Time under 37 CFR 1.136(a) (micro entity)	$757,168	$813,444	+$56,276
3	1254	Four-month Extension of Time under 37 CFR 1.136(a) (undiscounted)	$4,199,200	$4,515,950	+$316,750
3	2254	Four-month Extension of Time under 37 CFR 1.136(a) (small entity)	$2,037,888	$2,191,608	+$153,720
3	3254	Four-month Extension of Time under 37 CFR 1.136(a) (micro entity)	$123,424	$132,734	+$9,310
3	1255	Five-month Extension of Time under 37 CFR 1.136(a) (undiscounted)	$9,603,240	$10,317,405	+$714,165
3	2255	Five-month Extension of Time under 37 CFR 1.136(a) (small entity)	$4,014,464	$4,313,008	+$298,544
3	3255	Five-month Extension of Time under 37 CFR 1.136(a) (micro entity)	$130,192	$139,874	+$9,682
3	12P1	Extension for response within first month, provisional application (undiscounted)	Not previously included in 0031 - new fee	$2,700	+$2,700
3	22P1	Extension for response within first month, provisional application (small entity)	Not previously included in 0031 - new fee	$1,020	+$1,020
3	32P1	Extension for response within first month, provisional application (micro entity)	Not previously included in 0031 - new fee	$660	+$660
3	12P2	Extension for response within second month, provisional application (undiscounted)	Not previously included in 0031 - new fee	$2,400	+$2,400
3	22P2	Extension for response within second month, provisional application (small entity)	Not previously included in 0031 - new fee	$920	+$920
3	32P2	Extension for response within second month, provisional application (micro entity)	Not previously included in 0031 - new fee	$600	+$600
3	12P3	Extension for response within third month, provisional application (undiscounted)	Not previously included in 0031 - new fee	$5,400	+$5,400
3	22P3	Extension for response within third month, provisional application (small entity)	Not previously included in 0031 - new fee	$2,080	+$2,080
3	32P3	Extension for response within third month, provisional application (micro entity)	Not previously included in 0031 - new fee	$1,360	+$1,360
3	12P4	Extension for response within fourth month, provisional application (undiscounted)	Not previously included in 0031 - new fee	$800	+$800
3	22P4	Extension for response within fourth month, provisional application (small entity)	Not previously included in 0031 - new fee	$320	+$320
3	32P4	Extension for response within fourth month, provisional application (micro entity)	Not previously included in 0031 - new fee	$240	+$240
3	12P5	Extension for response within fifth month, provisional application (undiscounted)	Not previously included in 0031 - new fee	$1,600	+$1,600
3	22P5	Extension for response within fifth month, provisional application (small entity)	Not previously included in 0031 - new fee	$640	+$640
3	32P5	Extension for response within fifth month, provisional application (micro entity)	Not previously included in 0031 - new fee	$480	+$480
5	1814	Statutory Disclaimer (including terminal disclaimer) (undiscounted)	$6,137,850	$6,607,215	+$469,365
5	2814	Statutory Disclaimer (including terminal disclaimer) (small entity)	$2,239,750	$2,411,025	+$171,275
5	3814	Statutory Disclaimer (including terminal disclaimer) (micro entity)	$113,900	$122,610	+$8,710
6	1802	Request for Expedited Examination of a Design Application (undiscounted)	$1,140,800	$1,226,360	+$85,560
6	2802	Request for Expedited Examination of a Design Application (small entity)	$912,640	$981,088	+$68,448
6	3802	Request for Expedited Examination of a Design Application (micro entity)	$1,628,160	$1,750,272	+$122,112
7	1453	Petition for Revival of an Application for Patent Abandoned Unintentionally (undiscounted)	$4,878,300	$5,249,980	+$371,680
7	2453	Petition for Revival of an Application for Patent Abandoned Unintentionally (small entity)	$2,845,920	$3,062,752	+$216,832
7	3453	Petition for Revival of an Application for Patent Abandoned Unintentionally (micro entity)	$551,460	$593,476	+$42,016
8	1453	Petition for revival of an application for patent abandoned for failure to notify the office of a foreign or international filing (undiscounted)	$197,400	$212,440	+$15,040
8	2453	Petition for revival of an application for patent abandoned for failure to notify the office of a foreign or international filing (small entity)	$15,960	$17,176	+$1,216
8	3453	Petition for revival of an application for patent abandoned for failure to notify the office of a foreign or international filing (micro entity)	$5,040	$5,424	+$384
8	14R2	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, delay greater than two years (undiscounted)	Not previously included in 0031 - new fee	$132,000	+$132,000
8	24R2	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, delay greater than two years (small entity)	Not previously included in 0031 - new fee	$130,800	+$130,800
8	34R2	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, delay greater than two years (micro entity	Not previously included in 0031 - new fee	$45,600	+$45,600
16	1808	Copy of File Content Showing Redactions (undiscounted)	$140	$151	+$11
16	2808	Copy of File Content Showing Redactions (small entity)	$140	$151	+$11
16	3808	Copy of File Content Showing Redactions (micro entity)	$140	$151	+$11
18	1801	Request for Continued Examination (RCE) Transmittal (First Request) (undiscounted)	$96,198,240	$106,101,000	+$9,902,760
18	2801	Request for Continued Examination (RCE) Transmittal (First Request) (small entity)	$10,702,112	$11,803,800	+$1,101,688
18	3801	Request for Continued Examination (RCE) Transmittal (First Request) (micro entity)	$541,824	$597,600	+$55,776
18	1820	Request for Continued Examination (RCE) Transmittal (Second and Subsequent Requests) (undiscounted)	$59,958,000	$85,739,940	+$25,781,940
18	2820	Request for Continued Examination (RCE) Transmittal (Second and Subsequent Requests) (undiscounted)	$7,188,000	$10,278,840	+$3,090,840
18	3820	Request for Continued Examination (RCE) Transmittal (Second and Subsequent Requests) (micro entity)	$254,800	$364,364	+$109,564
19	1830	Request for Suspension of Action or Deferral of Examination Under 37 CFR 1.103(b), (c), or (d) (undiscounted)	$49,560	$53,100	+$3,540
19	2830	Request for Suspension of Action or Deferral of Examination Under 37 CFR 1.103(b), (c), or (d) (small entity)	$13,720	$14,700	+$980
19	3830	Request for Suspension of Action or Deferral of Examination Under 37 CFR 1.103(b), (c), or (d) (micro entity)	$868	$930	+$62
19	14FS	First request for suspension of action (undiscounted)	Not previously included in 0031 - new fee	$545,100	+$545,100
19	24FS	First request for suspension of action (small entity)	Not previously included in 0031 - new fee	$19,920	+$19,920
19	34FS	First request for suspension of action (micro entity)	Not previously included in 0031 - new fee	$960	+$960
19	14SS	Subsequent request for suspension of action (undiscounted)	Not previously included in 0031 - new fee	$204,300	+$204,300
19	24SS	Subsequent request for suspension of action (small entity)	Not previously included in 0031 - new fee	$7,560	+$7,560
19	34SS	Subsequent request for suspension of action (micro entity)	Not previously included in 0031 - new fee	$360	+$360
20	1803	Request for Voluntary Publication or Republication (includes publication fee for republication) (undiscounted)	$21,980	$23,707	+$1,727
20	2803	Request for Voluntary Publication or Republication (includes publication fee for republication) (small entity)	$2,660	$2,869	+$209
20	3803	Request for Voluntary Publication or Republication (includes publication fee for republication) (micro entity)	$560	$604	+$44
20	1505	Publication fee for republication (Undiscounted entity)	Not previously included in 0651-0031	$35,088	+$35,088
20	2505	Publication fee for republication (Small entity)	Not previously included in 0651-0031	$688	+$688
20	3505	Publication fee for republication (Micro entity)	Not previously included in 0651-0031	$344	+$344
22	1830	Processing Fee Under 37 CFR 1.17(i) Transmittal (undiscounted)	$7,840	$8,400	+$560
22	2830	Processing Fee Under 37 CFR 1.17(i) Transmittal (small entity)	$2,184	$2,340	+$156
22	3830	Processing Fee Under 37 CFR 1.17(i) Transmittal (micro entity)	$140	$150	+$10
29	1810	For each additional invention to be examined (see 37 CFR 1.129(b)) (undiscounted)	$880	$945	+$65
29	2810	For each additional invention to be examined (see 37 CFR 1.129(b)) (small entity)	$352	$378	+$26
29	3810	For each additional invention to be examined (see 37 CFR 1.129(b)) (micro entity)	$176	$189	+$13
29	1809	Filing a submission after final rejection (see 37 CFR 1.129(a)) (undiscounted)	$14,960	$16,065	+$1,105
29	2809	Filing a submission after final rejection (see 37 CFR 1.129(a)) (small entity)	$7,040	$7,560	+$520
29	3809	Filing a submission after final rejection (see 37 CFR 1.129(a)) (micro entity)	$1,056	$1,134	+$78
30	1819	Correction of inventorship after first office action on the merits (undiscounted)	$507,520	$547,170	+$39,650
30	2819	Correction of inventorship after first office action on the merits (small entity)	$157,952	$170,292	+$12,340
30	3819	Correction of inventorship after first office action on the merits (micro entity)	$7,680	$8,280	+$600
31	1830	Request for correction in a patent application relating to inventorship or inventor name, or order of names, other than in a reissue application (37 CFR 1.48) (non-provisional) (undiscounted)	$997,080	$1,068,300	+$71,220
31	2830	Request for correction in a patent application relating to inventorship or inventor name, or order of names, other than in a reissue application (37 CFR 1.48) (non-provisional) (small entity)	$290,080	$310,800	+$20,720
31	3830	Request for correction in a patent application relating to inventorship or inventor name, or order of names, other than in a reissue application (37 CFR 1.48) (non-provisional) (micro entity)	$18,144	$19,440	+$1,296
31	1807 2807 3807	Request for correction in a patent application relating to inventorship or inventor name, or order of names, other than in a reissue application (37 CFR 1.48) (provisional) (undiscounted, small, and micro)	$277,500	$299,700	+$22,200
N/A	1817	Request for prioritized examination (undiscounted)	$27,220,200	$29,261,715	+$2,041,515
N/A	2817	Request for prioritized examination (small entity)	$12,584,880	$13,528,746	+$943,866
N/A	3817	Request for prioritized examination (micro entity)	$863,520	$928,284	+$64,764
		Totals	$363,579,616	$461,870,807	+$98,291,191

Summary of Changes

The aforementioned rulemaking results in the revision of 66 fees and the introduction of 11 new fees, with an increase of $98,291,191 in annual non-hourly costs to collection 0651-0031.

Changes in Burden

Burden Type	Currently Approved	Proposed Change	New Estimate
Non-hourly Cost Burden	$363,826,829	+98,291,191	$462,118,020

0651-0031’s revised burden is as follows:

• 2,435,597 annual responses (unchanged)

• 535,466 annual hourly burden (unchanged)

• $462,118,020 annual non-hourly burden costs

1 https://www.govinfo.gov/content/pkg/FR-2024-11-20/pdf/2024-26821.pdf

2 The 12P1/22P1/32P1 fees were previously covered by the 1251/2251/3251 fees.

3 The 12P2/22P2/32P2 fees were previously covered by the 1252/2252/3252 fees.

4 The 12P3/22P3/32P3 fees were previously covered by the 1253/2253/3253 fees.

5 The 12P4/22P4/32P4 fees were previously covered by the 1254/2254/3254 fees.

6 The 12P5/22P5/32P5 fees were previously covered by the 1255/2255/3255 fees.

7 The 14R2/24R2/34R2 fees were previously covered by the 1453/2453/3453 fees.

8 The 14FS/24FS/34FS and 14SS/24SS/34SS fees were previously covered by the 1463/2463/3463 fees.