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Furthermore, because no examination of the patentability of the application in view of the prior art is performed, the USPTO fee for filing a provisional patent application is significantly lower ($60 - $240 as of August 2023 [10]) than the fee required to file a standard non-provisional patent application.
The filing fee of $10 for a caveat was less costly than the filing fee $15 for a full patent application. [3] As stated by the USPTO: "In 1861, the fee for obtaining a full patent was $35, of which $15 was to be paid at the time of application and $20 when the patent was granted. In 1922, the patent filing fee increased from $15 to $20."
However, patent term adjustment or extension are possible if the USPTO fails to issue a patent within 3 years after filing the full application, subject to various conditions on the applicant. [29] [circular reference] The rules for drafting and filing a patent application are set out in the Manual of Patent Examining Procedure (MPEP).
Exemplary PCT procedure, with a U.S. provisional application as a first filing. The PCT system enables an applicant to file a single patent application in a single language. The application, called an international application, can, at a later date, lead to the grant of a patent in any of the states contracting to the PCT. [5]
All users could file new applications for accelerated examination, design patents, design patent reissues, international applications for filing in the US receiving office, provisional applications, reexamination requests, utility patents under 35 U.S.C. § 111(a), utility patent reissues, U.S. National Stage applications under 35 U.S.C. § 371 ...
Under United States patent law, the term of patent, provided that maintenance fees are paid on time, is 20 years from the filing date of the earliest U.S. or international application (that is to say, an application under the PCT system) to which priority is claimed (excluding provisional applications).
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