MPEP Q & A 172: Fees that Must be Paid Upon Filing a Request for Prioritized Examination

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Question:

Name two fees that must be paid upon filing a request for prioritized examination.

Answer:

Upon filing the request for prioritized examination, the following fees must be paid for the application:

  • (1) the prioritized examination fee set forth in 37 CFR 1.17(c),
  • (2) the processing fee set forth in 37 CFR 1.17(i)(1),
  • (3) the publication fee set forth in 37 CFR 1.18(d),
  • (4) the basic filing fee set forth in 37 CFR 1.16(a), or for a plant application, 37 CFR 1.16(c),
  • (5) the search fee set forth in 37 CFR 1.16(k), or for a plant application, 37 CFR 1.16(m),
  • (6) the examination fee set forth in 37 CFR 1.16(o),
  • (7) if applicable, any excess claims fees due because the number of independent claims exceeds three, as set forth in 37 CFR 1.16(h), and any excess claim fee due because the number of claims exceeds twenty, as set forth in 37 CFR 1.16(i), and
  • (8) if applicable, any application size fee due because the specification and drawings exceed 100 sheets of paper, as set forth in 37 CFR 1.16(s).

Chapter Details:

The answer to this question can be found in chapter 700 of the MPEP. This chapter covers examination of applications.

The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 708.02(b) of the MPEP.  The following is a brief summary of section 708.02(b).

708.02(b) Prioritized Examination

This section covers the details of prioritized examination. Included is a discussion on the requirements for requesting prioritized examination, prosecution of an application under prioritized examination, and the refund of the prioritized examination fee.