0651-0032 2024 Patent Fee Rule CWS

JUSTIFICATION FOR NONMATERIAL/NONSUBSTANTIVE CHANGE

Initial Patent Applications

OMB Control 0651-0032

Background

The United States Patent and Trademark Office (USPTO) is required by Title 35 of the United States Code, including 35 U.S.C. 131, to examine applications for patents. The USPTO administers the patent statutes relating to examination through various rules in Chapter 37 of the Code of Federal Regulations (CFR), such as, for example, 37 CFR 1.16 through 1.84. Each patent applicant must provide sufficient information to allow the USPTO to properly examine the application to determine whether it meets the criteria set forth in the patent statutes and regulations for issuance as a patent.

In addition, this information collection covers certain other papers filed by applicants, such as, for example, petitions to accept an unintentionally delayed priority or benefit claim, petitions to accept a filing by other than all of the inventors or a person not the inventor, and petitions requesting that applications filed under 37 CFR 1.495(b) be accorded a receipt date.

In support of RIN 0651-AD64 (Setting and Adjusting Patent Fees During Fiscal Year 2025; 89 FRN 91898)¹, the USPTO is changing 70 fees and adding nine fees in this information collection.

Additionally, five forms are being revised to reflect changes made by the rulemaking. The four forms being revised are:

• PTO/SB/06 (Patent Application Fee Determination Record – Substitute for Form PTO-875)

• PTO/SB/16 (Provisional Application for Patent Cover Sheet)

• PTO/SB/17 (Fee Transmittal)

• PTO/SB/445 (Petition to Accept an Uninteinoallly Delayed Claim under 35 U.S.C. 119(e) (37 CFR 1.78(c)) and/or to Accept an Unintentionally Delayed Claim under 35 U.S.C. 120, 121, 365(c), or 386(c) (37 CFR 1.78(e)) for the Benefit of a Prior-Filed Application

• PTO/SB/458 (Petition to Accept an Unintentionally Delayed Claim under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or (b) for the Right of Priority to a Prior-Filed Foreign Application (37 CFR 1.55(e))

Table 1: Changes in Fee Amount

Item No.	Fee Code	Item	Current Fee	New Fee	Changes in Fee Amount
1, 4	1011	Basic Filing fee – Utility (Paper Filing – Also Requires Non-Electronic Filing Fee Under 1.16(t)) (undiscounted entity)	$320	$350	+$30
1, 4	2011	Basic Filing fee – Utility (Paper Filing – Also Requires Non-Electronic Filing Fee Under 1.16(t)) (small entity)	$128	$140	+$12
1, 4	3011	Basic Filing fee – Utility (Paper Filing – Also Requires Non-Electronic Filing Fee Under 1.16(t)) (micro entity)	$64	$70	+$6
1, 4	4011	Basic filing fee – Utility (electronic filing for small entities)	$64	$70	+$6
1, 4	1081	Utility Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (undiscounted entity)	$420	$450	+$30
1, 4	2081	Utility Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (small entity)	$168	$180	+$12
1, 4	3081	Utility Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (micro entity)	$84	$90	+$6
1, 4	1111	Utility Search Fee (undiscounted entity)	$700	$770	+$70
1, 4	2111	Utility Search Fee (small entity)	$280	$308	+$28
1, 4	3111	Utility Search Fee (micro entity)	$140	$154	+$14
1, 4	1311	Utility Examination Fee (undiscounted entity)	$800	$880	+$80
1, 4	2311	Utility Examination Fee (small entity)	$320	$352	+$32
1, 4	3311	Utility Examination Fee (micro entity)	$160	$176	+$16
1,2 4-6, and 9	1201	Each Independent Claim in Excess of Three (undiscounted entity)	$480	$600	+$120
1,2 4-6, and 9	2201	Each Independent Claim in Excess of Three (small entity)	$192	$240	+$48
1,2 4-6, and 9	3201	Each Independent Claim in Excess of Three (micro entity)	$96	$120	+$24
1,2 4-6, and 9	1202	Each Claim in Excess of 20 (undiscounted entity)	$100	$200	+$100
1,2 4-6, and 9	2202	Each Claim in Excess of 20 (small entity)	$40	$80	+$40
1,2 4-6, and 9	3202	Each Claim in Excess of 20 (micro entity)	$20	$40	+$20
1,2 4-6, and 9	1203	Multiple Dependent Claim (undiscounted entity)	$860	$925	+$65
1,2 4-6, and 9	2203	Multiple Dependent Claim (small entity)	$344	$370	+$26
1,2 4-6, and 9	3203	Multiple Dependent Claim (micro entity)	$172	$185	+$13
2, 5	1313	Plant Examination Fee (undiscounted entity)	$660	$725	+$65
2, 5	2313	Plant Examination Fee (small entity)	$264	$290	+$26
2, 5	3313	Plant Examination Fee (micro entity)	$132	$145	+$13
2, 5	1013	Basic filing fee – Plant (undiscounted entity)	$220	$240	+$20
2, 5	2013	Basic filing fee – Plant (small entity)	$88	$96	+$8
2, 5	3013	Basic filing fee – Plant (micro entity)	$44	$48	+$4
2, 5	1113	Plant Search fee (undiscounted entity)	$440	$485	+$45
2, 5	2113	Plant Search fee (small entity)	$176	$194	+$18
2, 5	3113	Plant Search fee (micro entity)	$88	$97	+$9
2, 5	1083	Plant Application Size Fee - for each additional 50 sheets that exceeds 100 sheets (undiscounted entity)	$420	$450	+$30
2, 5	2083	Plant Application Size Fee - for each additional 50 sheets that exceeds 100 sheets (small entity)	$168	$180	+$12
2, 5	3083	Plant Application Size Fee - for each additional 50 sheets that exceeds 100 sheets (micro entity)	$84	$90	+$6
3, 6	1012	Basic Filing Fee – Design (undiscounted entity)	$220	$300	+$80
3, 6	2012	Basic Filing Fee – Design (small entity)	$88	$120	+$32
3, 6	3012	Basic Filing Fee – Design (micro entity)	$44	$60	+$16
3, 6	1017	Basic Filing Fee – Design (CPA) (undiscounted entity)	$220	$300	+$80
3, 6	2017	Basic Filing Fee – Design (CPA) (small entity)	$88	$120	+$32
3, 6	3017	Basic Filing Fee – Design (CPA) (micro entity)	$44	$60	+$16
3, 6	1082	Design Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (undiscounted entity)	$420	$450	+$30
3, 6	2082	Design Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (small entity)	$168	$180	+$12
3, 6	3082	Design Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (micro entity)	$84	$90	+$6
3, 6	1112	Design Search Fee (undiscounted entity)	$160	$300	+$140
3, 6	2112	Design Search Fee (small entity)	$64	$120	+$56
3, 6	3112	Design Search Fee (micro entity)	$32	$60	+$28
3, 6	1312	Design Examination Fee (undiscounted entity)	$640	$700	+$60
3, 6	2312	Design Examination Fee (small entity)	$256	$280	+$24
3, 6	3312	Design Examination Fee (micro entity)	$128	$140	+$12
11	1085	Provisional Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (undiscounted entity)	$420	$450	+$30
11	2085	Provisional Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (small entity)	$168	$180	+$12
11	3085	Provisional Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (micro entity)	$84	$90	+$6
11	1005	Provisional Application Filing Fee (undiscounted entity)	$300	$325	+$25
11	2005	Provisional Application Filing Fee (small entity)	$120	$130	+$10
11	3005	Provisional Application Filing Fee (micro entity)	$60	$65	+$5
1-11	1051	Surcharge – Late Filing Fee, Search Fee, Examination Fee, Inventor's Oath or Declaration, or Application Filed Without at least One Claim or by Reference (undiscounted entity)	$160	$170	+$10
1-11	2051	Surcharge – Late Filing Fee, Search Fee, Examination Fee, Inventor's Oath or Declaration, or Application Filed Without at least One Claim or by Reference (small entity)	$64	$68	+$4
1-11	3051	Surcharge – Late Filing Fee, Search Fee, Examination Fee, Inventor's Oath or Declaration, or Application Filed Without at least One Claim or by Reference (micro entity)	$32	$34	+$2
1-11	1052	Surcharge – Late Provisional Filing Fee or Cover Sheet (undiscounted entity)	$60	$65	+$5
1-11	2052	Surcharge – Late Provisional Filing Fee or Cover Sheet (small entity)	$24	$26	+$2
1-11	3052	Surcharge – Late Provisional Filing Fee or Cover Sheet (micro entity)	$12	$13	+$1
12	10C3	Filing an application or presentation of benefit claim more than six years after earliest benefit date (undiscounted entity)	New fee	$2,700	+$2,700
12	20C3	Filing an application or presentation of benefit claim more than six years after earliest benefit date (small entity)	New fee	$1,080	+$1,080
12	30C3	Filing an application or presentation of benefit claim more than six years after earliest benefit date (micro entity)	New fee	$540	+$540
12	10C7	Filing an application or presentation of benefit claim more than nine years after earliest benefit date (undiscounted entity)	New fee	$4,000	+$4,000
12	20C7	Filing an application or presentation of benefit claim more than nine years after earliest benefit date (small entity)	New fee	$1,600	+$1,600
12	30C7	Filing an application or presentation of benefit claim more than nine years after earliest benefit date (micro entity)	New fee	$800	+$800
12	14D2	Petition for the delayed submission of a priority or benefit claim, delay greater than two years (undiscounted entity)	New fee	$3,000	+$3,000
12	24D2	Petition for the delayed submission of a priority or benefit claim, delay greater than two years (small entity)	New fee	$1,200	+$1,200
12	34D2	Petition for the delayed submission of a priority or benefit claim, delay greater than two years (micro entity)	New fee	$600	+$600
13	1463	Electronic Petition to be the applicant under 37 CFR 1.46 by a person who otherwise shows sufficient proprietary interest in the matter (undiscounted entity)	$220	$235	+$15
13	2463	Electronic Petition to be the applicant under 37 CFR 1.46 by a person who otherwise shows sufficient proprietary interest in the matter (small entity)	$88	$94	+$6
13	3463	Electronic Petition to be the applicant under 37 CFR 1.46 by a person who otherwise shows sufficient proprietary interest in the matter (micro entity)	$44	$47	+$3
15	1454	Grantable Petition to Restore the Right of Priority under 37 CFR 1.55(c) (undiscounted entity)	$2,100	$2,260	+$160
15	2454	Grantable Petition to Restore the Right of Priority under 37 CFR 1.55(c) (small entity)	$840	$904	+$64
15	3454	Grantable Petition to Restore the Right of Priority under 37 CFR 1.55(c) (micro entity)	$420	$452	+$32
15	1454	Grantable Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(b) (undiscounted entity)	$2,100	$2,260	+$160
15	2454	Grantable Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(b) (small entity)	$840	$904	+$64
15	3454	Grantable Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(b) (micro entity)	$420	$452	+$32

Table 2: Proposed Burden

Item No.	Fee Code	Item	Reponses (a)	New Fee (b)	New Non-hour Cost Burden (a) x (b) = (c)
1, 4	1011	Basic Filing fee – Utility (Paper Filing – Also Requires Non-Electronic Filing Fee Under 1.16(t)) (undiscounted entity)	250,450	$350	$87,657,500
1, 4	2011	Basic Filing fee – Utility (Paper Filing – Also Requires Non-Electronic Filing Fee Under 1.16(t)) (small entity)	260	$140	$36,400
1, 4	3011	Basic Filing fee – Utility (Paper Filing – Also Requires Non-Electronic Filing Fee Under 1.16(t)) (micro entity)	14,520	$70	$1,016,400
1, 4	4011	Basic filing fee – Utility (electronic filing for small entities)	84,760	$70	$5,933,200
1, 4	1081	Utility Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (undiscounted entity)	20,640	$450	$9,288,000
1, 4	2081	Utility Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (small entity)	11,630	$180	$2,093,400
1, 4	3081	Utility Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (micro entity)	220	$90	$19,800
1, 4	1111	Utility Search Fee (undiscounted entity)	248,740	$770	$191,529,800
1, 4	2111	Utility Search Fee (small entity)	83,900	$308	$25,841,200
1, 4	3111	Utility Search Fee (micro entity)	14,330	$154	$2,206,820
1, 4	1311	Utility Examination Fee (undiscounted entity)	249,600	$880	$219,648,000
1, 4	2311	Utility Examination Fee (small entity)	84,100	$352	$29,603,200
1, 4	3311	Utility Examination Fee (micro entity)	14,360	$176	$2,527,360
1,2 4-6, and 9	1201	Each Independent Claim in Excess of Three (undiscounted entity)	42,020	$600	$25,212,000
1,2 4-6, and 9	2201	Each Independent Claim in Excess of Three (small entity)	14,500	$240	$3,480,000
1,2 4-6, and 9	3201	Each Independent Claim in Excess of Three (micro entity)	1,400	$120	$168,000
1,2 4-6, and 9	1202	Each Claim in Excess of 20 (undiscounted entity)	304,230	$200	$60,846,000
1,2 4-6, and 9	2202	Each Claim in Excess of 20 (small entity)	158,280	$80	$12,662,400
1,2 4-6, and 9	3202	Each Claim in Excess of 20 (micro entity)	7,790	$40	$311,600
1,2 4-6, and 9	1203	Multiple Dependent Claim (undiscounted entity)	730	$925	$675,250
1,2 4-6, and 9	2203	Multiple Dependent Claim (small entity)	470	$370	$173,900
1,2 4-6, and 9	3203	Multiple Dependent Claim (micro entity)	70	$185	$12,950
2, 5	1313	Plant Examination Fee (undiscounted entity)	490	$725	$355,250
2, 5	2313	Plant Examination Fee (small entity)	480	$290	$139,200
2, 5	3313	Plant Examination Fee (micro entity)	10	$145	$1,450
2, 5	1013	Basic filing fee – Plant (undiscounted entity)	490	$240	$117,600
2, 5	2013	Basic filing fee – Plant (small entity)	480	$96	$46,080
2, 5	3013	Basic filing fee – Plant (micro entity)	10	$48	$480
2, 5	1113	Plant Search fee (undiscounted entity)	490	$485	$237,650
2, 5	2113	Plant Search fee (small entity)	480	$194	$93,120
2, 5	3113	Plant Search fee (micro entity)	10	$97	$970
2, 5	1083	Plant Application Size Fee - for each additional 50 sheets that exceeds 100 sheets (undiscounted entity)	1	$450	$450
2, 5	2083	Plant Application Size Fee - for each additional 50 sheets that exceeds 100 sheets (small entity)	1	$180	$180
2, 5	3083	Plant Application Size Fee - for each additional 50 sheets that exceeds 100 sheets (micro entity)	1	$90	$90
3, 6	1012	Basic Filing Fee – Design (undiscounted entity)	20,020	$300	$6,006,000
3, 6	2012	Basic Filing Fee – Design (small entity)	19,480	$120	$2,337,600
3, 6	3012	Basic Filing Fee – Design (micro entity)	15,890	$60	$953,400
3, 6	1017	Basic Filing Fee – Design (CPA) (undiscounted entity)	920	$300	$276,000
3, 6	2017	Basic Filing Fee – Design (CPA) (small entity)	500	$120	$60,000
3, 6	3017	Basic Filing Fee – Design (CPA) (micro entity)	85	$60	$5,100
3, 6	1082	Design Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (undiscounted entity)	170	$450	$76,500
3, 6	2082	Design Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (small entity)	90	$180	$16,200
3, 6	3082	Design Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (micro entity)	30	$90	$2,700
3, 6	1112	Design Search Fee (undiscounted entity)	20,660	$300	$6,198,000
3, 6	2112	Design Search Fee (small entity)	19,690	$120	$2,362,800
3, 6	3112	Design Search Fee (micro entity)	15,880	$60	$952,800
3, 6	1312	Design Examination Fee (undiscounted entity)	20,670	$700	$14,469,000
3, 6	2312	Design Examination Fee (small entity)	19,710	$280	$5,518,800
3, 6	3312	Design Examination Fee (micro entity)	15,880	$140	$2,223,200
11	1085	Provisional Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (undiscounted entity)	11,180	$450	$5,031,000
11	2085	Provisional Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (small entity)	11,360	$180	$2,044,800
11	3085	Provisional Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (micro entity)	110	$90	$9,900
11	1005	Provisional Application Filing Fee (undiscounted entity)	63,710	$325	$20,705,750
11	2005	Provisional Application Filing Fee (small entity)	69,250	$130	$9,002,500
11	3005	Provisional Application Filing Fee (micro entity)	23,150	$65	$1,504,750
1-11	1051	Surcharge – Late Filing Fee, Search Fee, Examination Fee, Inventor's Oath or Declaration, or Application Filed Without at least One Claim or by Reference (undiscounted entity)	78,200	$170	$13,294,000
1-11	2051	Surcharge – Late Filing Fee, Search Fee, Examination Fee, Inventor's Oath or Declaration, or Application Filed Without at least One Claim or by Reference (small entity)	33,010	$68	$2,244,680
1-11	3051	Surcharge – Late Filing Fee, Search Fee, Examination Fee, Inventor's Oath or Declaration, or Application Filed Without at least One Claim or by Reference (micro entity)	3,370	$34	$114,580
1-11	1052	Surcharge – Late Provisional Filing Fee or Cover Sheet (undiscounted entity)	1,700	$65	$110,500
1-11	2052	Surcharge – Late Provisional Filing Fee or Cover Sheet (small entity)	2,440	$26	$63,440
1-11	3052	Surcharge – Late Provisional Filing Fee or Cover Sheet (micro entity)	2,574	$13	$33,462
12	10C3	Filing an application or presentation of benefit claim more than six years after earliest benefit date (undiscounted entity)	11,052	$2,700	$29,840,400
12	20C3	Filing an application or presentation of benefit claim more than six years after earliest benefit date (small entity)	4,691	$1,080	$5,066,280
12	30C3	Filing an application or presentation of benefit claim more than six years after earliest benefit date (micro entity)	240	$540	$129,600
12	10C7	Filing an application or presentation of benefit claim more than nine years after earliest benefit date (undiscounted entity)	8,079	$4,000	$32,316,000
12	20C7	Filing an application or presentation of benefit claim more than nine years after earliest benefit date (small entity)	4,491	$1,600	$7,185,600
12	30C7	Filing an application or presentation of benefit claim more than nine years after earliest benefit date (micro entity)	69	$800	$55,200
12	14D2	Petition for the delayed submission of a priority or benefit claim, delay greater than two years (undiscounted entity)	280	$3,000	$840,000
12	24D2	Petition for the delayed submission of a priority or benefit claim, delay greater than two years (small entity)	226	$1,200	$271,200
12	34D2	Petition for the delayed submission of a priority or benefit claim, delay greater than two years (micro entity)	46	$600	$27,600
13	1463	Electronic Petition to be the applicant under 37 CFR 1.46 by a person who otherwise shows sufficient proprietary interest in the matter (undiscounted entity)	1,800	$235	$423,000
13	2463	Electronic Petition to be the applicant under 37 CFR 1.46 by a person who otherwise shows sufficient proprietary interest in the matter (small entity)	900	$94	$84,600
13	3463	Electronic Petition to be the applicant under 37 CFR 1.46 by a person who otherwise shows sufficient proprietary interest in the matter (micro entity)	300	$47	$14,100
15	1454	Grantable Petition to Restore the Right of Priority under 37 CFR 1.55(c) (undiscounted entity)	310	$2,260	$700,600
15	2454	Grantable Petition to Restore the Right of Priority under 37 CFR 1.55(c) (small entity)	65	$904	$58,760
15	3454	Grantable Petition to Restore the Right of Priority under 37 CFR 1.55(c) (micro entity)	25	$452	$11,300
15	1454	Grantable Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(b) (undiscounted entity)	310	$2,260	$700,600
15	2454	Grantable Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(b) (small entity)	65	$904	$58,760
15	3454	Grantable Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(b) (micro entity)	25	$452	$11,300
		Totals	2,112,646	- - -	$855,348,062

Table 3: Changes in Cost

Item No.	Fee Code	Items	Current Cost (a)	New Cost (b)	Change in Non-hour Cost Burden (b) – (a) = (c)
1, 4	1011	Basic Filing fee – Utility (Paper Filing – Also Requires Non-Electronic Filing Fee Under 1.16(t)) (undiscounted entity)	$80,144,000	$87,657,500	+$7,513,500
1, 4	2011	Basic Filing fee – Utility (Paper Filing – Also Requires Non-Electronic Filing Fee Under 1.16(t)) (small entity)	$33,280	$36,400	+$3,120
1, 4	3011	Basic Filing fee – Utility (Paper Filing – Also Requires Non-Electronic Filing Fee Under 1.16(t)) (micro entity)	$929,280	$1,016,400	+$87,120
1, 4	4011	Basic filing fee – Utility (electronic filing for small entities)	$5,424,640	$5,933,200	+$508,560
1, 4	1081	Utility Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (undiscounted entity)	$8,668,800	$9,288,000	+$619,200
1, 4	2081	Utility Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (small entity)	$1,953,840	$2,093,400	+$139,560
1, 4	3081	Utility Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (micro entity)	$18,480	$19,800	+$1,320
1, 4	1111	Utility Search Fee (undiscounted entity)	$174,118,000	$191,529,800	+$17,411,800
1, 4	2111	Utility Search Fee (small entity)	$23,492,000	$25,841,200	+$2,349,200
1, 4	3111	Utility Search Fee (micro entity)	$2,006,200	$2,206,820	+$200,620
1, 4	1311	Utility Examination Fee (undiscounted entity)	$199,680,000	$219,648,000	+$19,968,000
1, 4	2311	Utility Examination Fee (small entity)	$26,912,000	$29,603,200	+$2,691,200
1, 4	3311	Utility Examination Fee (micro entity)	$2,297,600	$2,527,360	+$229,760
1,2 4-6, and 9	1201	Each Independent Claim in Excess of Three (undiscounted entity)	$20,169,600	$25,212,000	+$5,042,400
1,2 4-6, and 9	2201	Each Independent Claim in Excess of Three (small entity)	$2,784,000	$3,480,000	+$696,000
1,2 4-6, and 9	3201	Each Independent Claim in Excess of Three (micro entity)	$134,400	$168,000	+$33,600
1,2 4-6, and 9	1202	Each Claim in Excess of 20 (undiscounted entity)	$30,423,000	$60,846,000	+$30,423,000
1,2 4-6, and 9	2202	Each Claim in Excess of 20 (small entity)	$6,331,200	$12,662,400	+$6,331,200
1,2 4-6, and 9	3202	Each Claim in Excess of 20 (micro entity)	$155,800	$311,600	+$155,800
1,2 4-6, and 9	1203	Multiple Dependent Claim (undiscounted entity)	$627,800	$675,250	+$47,450
1,2 4-6, and 9	2203	Multiple Dependent Claim (small entity)	$161,680	$173,900	+$12,220
1,2 4-6, and 9	3203	Multiple Dependent Claim (micro entity)	$12,040	$12,950	+$910
2, 5	1313	Plant Examination Fee (undiscounted entity)	$323,400	$355,250	+$31,850
2, 5	2313	Plant Examination Fee (small entity)	$126,720	$139,200	+$12,480
2, 5	3313	Plant Examination Fee (micro entity)	$1,320	$1,450	+$130
2, 5	1013	Basic filing fee – Plant (undiscounted entity)	$107,800	$117,600	+$9,800
2, 5	2013	Basic filing fee – Plant (small entity)	$42,240	$46,080	+$3,840
2, 5	3013	Basic filing fee – Plant (micro entity)	$440	$480	+$40
2, 5	1113	Plant Search fee (undiscounted entity)	$215,600	$237,650	+$22,050
2, 5	2113	Plant Search fee (small entity)	$84,480	$93,120	+$8,640
2, 5	3113	Plant Search fee (micro entity)	$880	$970	+$90
2, 5	1083	Plant Application Size Fee - for each additional 50 sheets that exceeds 100 sheets (undiscounted entity)	$420	$450	+$30
2, 5	2083	Plant Application Size Fee - for each additional 50 sheets that exceeds 100 sheets (small entity)	$168	$180	+$12
2, 5	3083	Plant Application Size Fee - for each additional 50 sheets that exceeds 100 sheets (micro entity)	$84	$90	+$6
3, 6	1012	Basic Filing Fee – Design (undiscounted entity)	$4,404,400	$6,006,000	+$1,601,600
3, 6	2012	Basic Filing Fee – Design (small entity)	$1,714,240	$2,337,600	+$623,360
3, 6	3012	Basic Filing Fee – Design (micro entity)	$699,160	$953,400	+$254,240
3, 6	1017	Basic Filing Fee – Design (CPA) (undiscounted entity)	$202,400	$276,000	+$73,600
3, 6	2017	Basic Filing Fee – Design (CPA) (small entity)	$44,000	$60,000	+$16,000
3, 6	3017	Basic Filing Fee – Design (CPA) (micro entity)	$3,740	$5,100	+$1,360
3, 6	1082	Design Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (undiscounted entity)	$71,400	$76,500	+$5,100
3, 6	2082	Design Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (small entity)	$15,120	$16,200	+$1,080
3, 6	3082	Design Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (micro entity)	$2,520	$2,700	+$180
3, 6	1112	Design Search Fee (undiscounted entity)	$3,305,600	$6,198,000	+$2,892,400
3, 6	2112	Design Search Fee (small entity)	$1,260,160	$2,362,800	+$1,102,640
3, 6	3112	Design Search Fee (micro entity)	$508,160	$952,800	+$444,640
3, 6	1312	Design Examination Fee (undiscounted entity)	$13,228,800	$14,469,000	+$1,240,200
3, 6	2312	Design Examination Fee (small entity)	$5,045,760	$5,518,800	+$473,040
3, 6	3312	Design Examination Fee (micro entity)	$2,032,640	$2,223,200	+$190,560
11	1085	Provisional Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (undiscounted entity)	$4,695,600	$5,031,000	+$335,400
11	2085	Provisional Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (small entity)	$1,908,480	$2,044,800	+$136,320
11	3085	Provisional Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (micro entity)	$9,240	$9,900	+$660
11	1005	Provisional Application Filing Fee (undiscounted entity)	$19,113,000	$20,705,750	+$1,592,750
11	2005	Provisional Application Filing Fee (small entity)	$8,310,000	$9,002,500	+$692,500
11	3005	Provisional Application Filing Fee (micro entity)	$1,389,000	$1,504,750	+$115,750
1-11	1051	Surcharge – Late Filing Fee, Search Fee, Examination Fee, Inventor's Oath or Declaration, or Application Filed Without at least One Claim or by Reference (undiscounted entity)	$12,512,000	$13,294,000	+$782,000
1-11	2051	Surcharge – Late Filing Fee, Search Fee, Examination Fee, Inventor's Oath or Declaration, or Application Filed Without at least One Claim or by Reference (small entity)	$2,112,640	$2,244,680	+$132,040
1-11	3051	Surcharge – Late Filing Fee, Search Fee, Examination Fee, Inventor's Oath or Declaration, or Application Filed Without at least One Claim or by Reference (micro entity)	$107,840	$114,580	+$6,740
1-11	1052	Surcharge – Late Provisional Filing Fee or Cover Sheet (undiscounted entity)	$102,000	$110,500	+$8,500
1-11	2052	Surcharge – Late Provisional Filing Fee or Cover Sheet (small entity)	$58,560	$63,440	+$4,880
1-11	3052	Surcharge – Late Provisional Filing Fee or Cover Sheet (micro entity)	$30,888	$33,462	+$2,574
12	10C3	Filing an application or presentation of benefit claim more than six years after earliest benefit date (undiscounted entity)	New fee	$29,840,400	+$29,840,400
12	20C3	Filing an application or presentation of benefit claim more than six years after earliest benefit date (small entity)	New fee	$5,066,280	+$5,066,280
12	30C3	Filing an application or presentation of benefit claim more than six years after earliest benefit date (micro entity)	New fee	$129,600	+$129,600
12	10C7	Filing an application or presentation of benefit claim more than nine years after earliest benefit date (undiscounted entity)	New fee	$32,316,000	+$32,316,000
12	20C7	Filing an application or presentation of benefit claim more than nine years after earliest benefit date (small entity)	New fee	$7,185,600	+$7,185,600
12	30C7	Filing an application or presentation of benefit claim more than nine years after earliest benefit date (micro entity)	New fee	$55,200	+$55,200
12	14D2	Petition for the delayed submission of a priority or benefit claim, delay greater than two years (undiscounted entity)	New fee	$840,000	+$840,000
12	24D2	Petition for the delayed submission of a priority or benefit claim, delay greater than two years (small entity)	New fee	$271,200	+$271,200
12	34D2	Petition for the delayed submission of a priority or benefit claim, delay greater than two years (micro entity)	New fee	$27,600	+$27,600
13	1463	Electronic Petition to be the applicant under 37 CFR 1.46 by a person who otherwise shows sufficient proprietary interest in the matter (undiscounted entity)	$396,000	$423,000	+$27,000
13	2463	Electronic Petition to be the applicant under 37 CFR 1.46 by a person who otherwise shows sufficient proprietary interest in the matter (small entity)	$79,200	$84,600	+$5,400
13	3463	Electronic Petition to be the applicant under 37 CFR 1.46 by a person who otherwise shows sufficient proprietary interest in the matter (micro entity)	$13,200	$14,100	+$900
15	1454	Grantable Petition to Restore the Right of Priority under 37 CFR 1.55(c) (undiscounted entity)	$651,000	$700,600	+$49,600
15	2454	Grantable Petition to Restore the Right of Priority under 37 CFR 1.55(c) (small entity)	$54,600	$58,760	+$4,160
15	3454	Grantable Petition to Restore the Right of Priority under 37 CFR 1.55(c) (micro entity)	$10,500	$11,300	+$800
15	1454	Grantable Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(b) (undiscounted entity)	$651,000	$700,600	+$49,600
15	2454	Grantable Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(b) (small entity)	$54,600	$58,760	+$4,160
15	3454	Grantable Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(b) (micro entity)	$10,500	$11,300	+$800
		Totals	$672,189,140	$855,348,062	+$183,158,922

Summary of Changes

The aforementioned rulemaking results in the revision of 70 fees and the introduction of 9 new fees, with an increase of $183,158,922 in annual non-hourly costs to collection 0651-0032.

Changes in Burden

Burden Type	Currently Approved	Proposed Change	New Estimate
Non-hourly Cost Burden	$1,156,505,487	+$183,158,922	$1,330,664,409

0651-0032’s revised burden is as follows:

• 588.255 annual responses (unchanged)

• 12,543,215 annual hourly burden (unchanged)

• $1,330,664,409 annual non-hourly burden costs

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