37 CFR 1.17(i) Processing Fees: Amount, Triggers, and Filing

The processing fee under 37 CFR 1.17(i) is a USPTO administrative charge tied to specific document-based actions during patent prosecution. Most covered actions cost $150 at the undiscounted rate, with reduced fees of $60 for small entities and $30 for micro entities. A separate flat fee of $151, with no discounts, applies to two publication-related requests.1eCFR. 37 CFR 1.17 – Patent Application and Reexamination Processing Fees Which paragraph of the rule applies, and therefore which amount you owe, depends entirely on what you’re filing.

How Much the Fee Is

The (i)(1) fee is the one most filers encounter. Current rates:1eCFR. 37 CFR 1.17 – Patent Application and Reexamination Processing Fees

  • Undiscounted (large entity): $150
  • Small entity: $60
  • Micro entity: $30

Those reductions are 60% for small entities and 80% for micro entities. Entity status is verified at the time of payment, so if your status has changed since your last filing, update it before you pay.

The (i)(2) fee is a flat $151 no matter your entity size. It covers only two actions, both publication-related: submitting a redacted publication copy under 37 CFR 1.217, and requesting voluntary publication or republication under 37 CFR 1.221.1eCFR. 37 CFR 1.17 – Patent Application and Reexamination Processing Fees A solo inventor pays the same $151 as a large corporation.

Small and Micro Entity Eligibility

Small entity status under 37 CFR 1.27 covers individuals, businesses with no more than 500 employees (including affiliates), and certain nonprofits such as universities and 501(c)(3) organizations. You also cannot have assigned or licensed rights to anyone who wouldn’t independently qualify.2eCFR. 37 CFR 1.27 – Definition of Small Entities and Establishing Status3eCFR. 13 CFR 121.802 – Size Standards Applicable to Reduced Patent Fees Programs

Micro entity status under 37 CFR 1.29 requires small entity qualification plus two more tests: gross income for the previous calendar year at or below a USPTO-set threshold (approximately $251,190 as of the most recent update), and no more than four previously filed U.S. patent applications naming you as an inventor. Provisional applications and international applications where you didn’t pay the U.S. national-stage fee are excluded from that count. The income limit adjusts each fall, so re-confirm eligibility before every fee payment.4United States Patent and Trademark Office. Micro Entity Status5eCFR. 37 CFR 1.29 – Micro Entity Status

Claiming a discount you don’t qualify for creates a fee deficiency, and correcting that deficiency itself requires another 1.17(i)(1) processing fee.

Actions That Trigger the (i)(1) Fee

Each of the following regulations cross-references 37 CFR 1.17(i)(1), so filing the action means paying the fee:1eCFR. 37 CFR 1.17 – Patent Application and Reexamination Processing Fees

  • Correcting inventorship on a nonprovisional application under 37 CFR 1.48, including changes, additions, or spelling corrections to an inventor’s name.6eCFR. 37 CFR 1.48 – Correction of Inventorship in a Patent Application
  • Supplying inventor names under 37 CFR 1.41(b) when the nonprovisional was filed without an application data sheet or inventor’s oath.
  • Fixing entity-status fee deficiencies under 37 CFR 1.28(c)(3) and 1.29(k)(3).
  • Filing a nonprovisional with a non-English specification under 37 CFR 1.52(d).
  • Converting a provisional application to a nonprovisional under 37 CFR 1.53(c)(3).
  • Submitting a belated amendment to the specification under 37 CFR 1.71(g)(2).
  • Requesting prioritized examination under 37 CFR 1.102(e).
  • Requesting a limited suspension of action under 37 CFR 1.103(b), (c), or (d).
  • Filing a second or subsequent protest against the same application under 37 CFR 1.291(c)(5).
  • Issuing a patent to an assignee under 37 CFR 3.81 when the assignment is submitted after the issue fee has been paid.

The common thread is that each action asks USPTO staff to process a document that changes, corrects, or supplements information already in the file.

Fees That Look Similar but Aren’t 1.17(i)

Paying the wrong fee is one of the fastest ways to draw a deficiency notice. Two neighboring fees cause most of the confusion.

Revival of an abandoned application falls under 37 CFR 1.17(m), not (i). The undiscounted amount is $2,260 if the petition is filed within two years of abandonment and $3,000 if filed later.1eCFR. 37 CFR 1.17 – Patent Application and Reexamination Processing Fees The revival petition under 37 CFR 1.137 also requires a statement that the delay was unintentional and the reply that was originally missed.7eCFR. 37 CFR 1.137 – Revival of Abandoned Application

Suspension or waiver of the rules under 37 CFR 1.183 uses the petition fee at 37 CFR 1.17(f), a different code entirely, and the underlying petition itself must show an extraordinary situation where following the rule would cause real harm.8eCFR. 37 CFR 1.183 – Suspension of Rules9United States Patent and Trademark Office. Waiver or Suspension of Rules

When in doubt, look up the regulation for the specific action you’re taking. Each one names the paragraph of 37 CFR 1.17 that sets its fee.

How to File and Pay

Patent Center is the standard route. For common petitions, USPTO offers ePetitions, which walk you through a single electronic form: enter the application number, confirm entity status, provide the required statements, upload documents, and pay. After you submit, the system opens a payment screen for credit card, USPTO deposit account, or electronic funds transfer, then generates a receipt. Some ePetitions, including certain inventorship corrections, are auto-granted immediately with a grant letter.10United States Patent and Trademark Office. Quick Start Guide Patent Center ePetitions

For actions without a dedicated ePetition, upload the completed PDFs to the application in Patent Center, choose the correct document description, and pay at checkout. Form PTO/SB/17i is the general transmittal form for a 1.17(i) processing fee and helps route the payment correctly.11United States Patent and Trademark Office. Processing Fee Under 37 CFR 1.17(i) Transmittal

Paper filing by mail is still allowed. Send documents with a check or money order to the Commissioner for Patents. The $400 non-electronic filing surcharge applies only to nonprovisional utility applications, not to petitions, so mailing a petition won’t add that charge.12United States Patent and Trademark Office. USPTO Fee Schedule Electronic filing does give you an instant receipt and date stamp, which matters when you’re up against a deadline.

Documentation requirements vary by action. Every submission needs the application or patent number, an entity-status indication, and the correct fee amount. Beyond that, check the regulation for the action you’re filing. A correction of inventorship under 37 CFR 1.48, for example, needs a corrected application data sheet listing each inventor’s legal name.6eCFR. 37 CFR 1.48 – Correction of Inventorship in a Patent Application Converting a provisional needs the conversion request plus the filing, search, and examination fees on top of the processing fee. A missing statement or form usually triggers a deficiency notice and weeks of delay.

Refunds

The processing fee is generally not refundable if your petition is denied or if you change your mind after paying. Under 37 CFR 1.26, the USPTO refunds fees paid “by mistake or in excess” of what was required, such as paying the undiscounted rate when you qualified as a small entity. A change of purpose after payment, like withdrawing a petition you already filed, does not qualify.13eCFR. 37 CFR 1.26 – Refunds

You have two years from the date of payment to request a refund, and the deadline is not extendable. Overpayments of $25 or less are not refunded automatically, so ask specifically if you spot one.