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35 USC § 376 - Fees

---
identifier: "/us/usc/t35/s376"
source: "usc"
legal_status: "official_legal_evidence"
title: "35 USC § 376 - Fees"
title_number: 35
title_name: "PATENTS"
section_number: "376"
section_name: "Fees"
chapter_number: 37
chapter_name: "NATIONAL STAGE"
part_number: "IV"
part_name: "PATENT COOPERATION TREATY"
positive_law: true
currency: "119-84"
last_updated: "2025-12-12"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 690; amended Pub. L. 98–622, title IV, §§ 402(g), 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 99–616, § 8, Nov. 6, 1986, 100 Stat. 3486; Pub. L. 102–204, § 5(g)(1), Dec. 10, 1991, 105 Stat. 1640; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(a)(21), (b)(1)(B), Nov. 2, 2002, 116 Stat. 1905, 1906.)"
---

# § 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.

---

**Source Credit**: (Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 690; amended Pub. L. 98–622, title IV, §§ 402(g), 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 99–616, § 8, Nov. 6, 1986, 100 Stat. 3486; Pub. L. 102–204, § 5(g)(1), Dec. 10, 1991, 105 Stat. 1640; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(a)(21), (b)(1)(B), Nov. 2, 2002, 116 Stat. 1905, 1906.)

## Editorial Notes

### Amendments

2002—Subsec. (a)(1) to (3). , substituted period for semicolon at end.

Subsecs. (a)(5), (b). , made technical correction to directory language of . See 1999 Amendment note below.

1999—Subsecs. (a)(5), (b). , as amended by , substituted “Director” for “Commissioner” wherever appearing.

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));”.

Subsec. (b). , substituted “the national fee, the preliminary examination fee,” for “the preliminary examination fee”.

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).

Subsec. (b). , inserted “and the handling fee” and “the preliminary examination fee and any additional fees,”.

1984—Subsec. (a). , substituted “Patent and Trademark Office” for “Patent Office” in provision preceding par. (1).

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

Amendment 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

Amendment 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

Amendment by  effective six months after , see , set out as a note under .

Amendment by  effective , see , set out as a note under .

### Effective Date

Section effective , and applicable to international and national applications filed, on and after that date, see , set out as a note under .