Revision of Forms to Implement the Fee Provisions in the
Changes To Support Implementation of the United States Patent and Trademark Office 21st Century Strategic Plan (final rule [PDF])

Forms PTO/SB/17 and PTO/SB/23 have been revised and new forms PTO/SB/17i and 17p have been provided to implement the fee-related provisions in the Changes To Support Implementation of the United States Patent and Trademark Office 21st Century Strategic Plan (final rule), 69 FR 56481 (21 Sep 2004), which are effective November 22, 2004. For example, form PTO/SB/17p has been created to correspond to a three-tier petition fee structure, which replaces the former $130 across the board petition fee. The Office has determined that these are the only forms that required updating at this time.

In addition, following fees were removed from the “Additional Fees” section of form PTO/SB/17 because other PTO forms (listed below) already provide for the payment of these fees:

o Surcharge for the late filing of a filing fee, oath, declaration or coversheet is listed in a Notice of Missing Parts sent by the Office of Initial Patent Examination (OIPE)
o Filing fee for a request for ex parte reexamination is located on form PTO/SB/57
o Fee for requesting publication of a SIR is located on form PTO/SB/94
o Fee for a petition to revive – unavoidable is located on form PTO/SB/61
o Fee for a petition to revive – unintentional is located on form PTO/SB/64
o Issue fees are located on the Notice of Allowance and Fee(s) Due, form PTOL-85
o Petition fees are located on new forms PTO/SB/17i and 17p
o Fee for recording a patent assignment is located on form PTO-1595
o Fee for a Request for Continued Examination (RCE) is located on form PTO/SB/30
o Fee for a request for expedited examination of a design application is located on form PTO/SB/27
The petition fee to institute a public use proceeding was also removed because these proceedings are rarely instituted.

Current fees are posted on the USPTO website at http://www.uspto.gov/main/howtofees.htm and should be checked prior to filing any paper requiring a fee.

For more information on the revision of the patent forms to implement the Consolidated Appropriations Act, 2005, click here.


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