US Code

Public Law 119-83 (04/13/2026)

35 U.S.C. § 376

Fees

(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.

Pub. L. 94–131, § 189 Stat. 690 Pub. L. 98–622, title IV98 Stat. 3392 Pub. L. 99–616, § 8100 Stat. 3486 Pub. L. 102–204, § 5(g)(1)105 Stat. 1640 Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]113 Stat. 1536 Pub. L. 107–273, div. C, title III, § 13206(a)(21)116 Stat. 1905 (Added , , ; amended , §§ 402(g), 403(a), , ; , , ; , , ; , , , 1501A–582; , (b)(1)(B), , , 1906.)

Editorial Notes

Amendments

Pub. L. 107–273, § 13206(a)(21)2002—Subsec. (a)(1) to (3). , substituted period for semicolon at end.

Pub. L. 107–273, § 13206(b)(1)(B)Pub. L. 106–113Subsecs. (a)(5), (b). , made technical correction to directory language of . See 1999 Amendment note below.

Pub. L. 106–113Pub. L. 107–273, § 13206(b)(1)(B)1999—Subsecs. (a)(5), (b). , as amended by , substituted “Director” for “Commissioner” wherever appearing.

Pub. L. 102–204, § 5(g)(1)(A)1991—Subsec. (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));”.

Pub. L. 102–204, § 5(g)(1)(B)Subsec. (b). , substituted “the national fee, the preliminary examination fee,” for “the preliminary examination fee”.

Pub. L. 99–616, § 8(a)1986—Subsec. (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).

Pub. L. 99–616, § 8(b)Subsec. (b). , inserted “and the handling fee” and “the preliminary examination fee and any additional fees,”.

Pub. L. 98–622, § 403(a)1984—Subsec. (a). , substituted “Patent and Trademark Office” for “Patent Office” in provision preceding par. (1).

Pub. L. 98–622, § 402(g)Subsec. (a)(5), (6). , 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 Amendment

Pub. L. 106–113Pub. L. 106–113section 1 of this titleAmendment by effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under .

Effective Date of 1986 Amendment

Pub. L. 99–616section 9 of Pub. L. 99–616section 351 of this titleAmendment by effective , and applicable to all international applications pending before or after that date, see , set out as a note under .

Effective Date of 1984 Amendment

section 402(g) of Pub. L. 98–622section 406(b) of Pub. L. 98–622section 3 of this titleAmendment by effective six months after , see , set out as a note under .

section 403(a) of Pub. L. 98–622section 406(a) of Pub. L. 98–622section 351 of this titleAmendment by effective , see , set out as a note under .

Effective Date

section 11 of Pub. L. 94–131section 351 of this titleSection effective , and applicable to international and national applications filed, on and after that date, see , set out as a note under .