Title 35 — PatentsRelease 119-73
§376 Fees
Title 35 › Part PART IV— - PATENT COOPERATION TREATY › Chapter CHAPTER 37— - NATIONAL STAGE › § 376
Summary
Pay the international fee and the handling fee in U.S. dollars; their amounts are listed in the Regulations. The Patent and Trademark Office must charge the national fee and may also charge fees for things like transmittal, search, extra search, preliminary examination, and other fees the Director creates. The Director sets the amounts of those fees (except the international and handling fees) and can refund payments made by mistake or in excess, refunds required by treaty or the Regulations, and partial refunds of certain fees when the Director finds it warranted.
Full Legal Text
Title 35, §376
Patents — Source: USLM XML via OLRC
(a)The required payment of the international fee and the handling fee, which amounts are specified in the Regulations, shall be paid in United States currency. The Patent and Trademark Office shall charge a national fee as provided in section 41(a), and may also charge the following fees:
(1)A transmittal fee (see section 361(d)).
(2)A search fee (see section 361(d)).
(3)A supplemental search fee (to be paid when required).
(4)A preliminary examination fee and any additional fees (see section 362(b)).
(5)Such other fees as established by the Director.
(b)The amounts of fees specified in subsection (a) of this section, except the international fee and the handling fee, shall be prescribed by the Director. He may refund any sum paid by mistake or in excess of the fees so specified, or if required under the treaty and the Regulations. The Director may also refund any part of the search fee, the national fee, the preliminary examination fee, and any additional fees, where he determines such refund to be warranted.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2002—Subsec. (a)(1) to (3). Pub. L. 107–273, § 13206(a)(21), substituted period for semicolon at end. Subsecs. (a)(5), (b). Pub. L. 107–273, § 13206(b)(1)(B), made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below. 1999—Subsecs. (a)(5), (b). Pub. L. 106–113, as amended by Pub. L. 107–273, § 13206(b)(1)(B), substituted “Director” for “Commissioner” wherever appearing. 1991—Subsec. (a). Pub. L. 102–204, § 5(g)(1)(A), in introductory provisions inserted “shall charge a national fee as provided in section 41(a), and” after “Office”, redesignated pars. (5) and (6) as (4) and (5), respectively, and struck out former par. (4), which read as follows: “A national fee (see section 371(c));”. Subsec. (b). Pub. L. 102–204, § 5(g)(1)(B), substituted “the national fee, the preliminary examination fee,” for “the preliminary examination fee”. 1986—Subsec. (a). Pub. L. 99–616, § 8(a), in introductory provisions, inserted “and the handling fee” and substituted “amounts are” for “amount is”, added par. (5), and redesignated former par. (5) as (6). Subsec. (b). Pub. L. 99–616, § 8(b), inserted “and the handling fee” and “the preliminary examination fee and any additional fees,”. 1984—Subsec. (a). Pub. L. 98–622, § 403(a), substituted “Patent and Trademark Office” for “Patent Office” in provision preceding par. (1). Subsec. (a)(5), (6). Pub. L. 98–622, § 402(g), redesignated par. (6) as (5). Former par. (5), which read “A special fee (to be paid when required; see section 372(c))”, was struck out.
Statutory Notes and Related Subsidiaries
Effective Date
of 1999 AmendmentAmendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of this title.
Effective Date
of 1986 AmendmentAmendment by Pub. L. 99–616 effective July 1, 1987, and applicable to all international applications pending before or after that date, see section 9 of Pub. L. 99–616, set out as a note under section 351 of this title.
Effective Date
of 1984 AmendmentAmendment by section 402(g) of Pub. L. 98–622 effective six months after Nov. 8, 1984, see section 406(b) of Pub. L. 98–622, set out as a note under section 3 of this title. Amendment by section 403(a) of Pub. L. 98–622 effective Nov. 8, 1984, see section 406(a) of Pub. L. 98–622, set out as a note under section 351 of this title.
Effective Date
Section effective Jan. 24, 1978, and applicable to international and national applications filed, on and after that date, see section 11 of Pub. L. 94–131, set out as a note under section 351 of this title.
Reference
Citations & Metadata
Citation
35 U.S.C. § 376
Title 35 — Patents
Last Updated
Apr 6, 2026
Release point: 119-73