US (United States) Code. Title 35. Part I: US (United States) Patent and Trademark Office. Chapter 4: Patent fees, funding

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Patents. Search Systems

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 29 páginas
publicidad
publicidad

-CITE-

35 USC CHAPTER 4 - PATENT FEES; FUNDING; SEARCH SYSTEMS 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 4 - PATENT FEES; FUNDING; SEARCH SYSTEMS

-HEAD-

CHAPTER 4 - PATENT FEES; FUNDING; SEARCH SYSTEMS

-MISC1-

Sec.

41. Patent fees; patent and trademark search systems.

42. Patent and Trademark Office funding.

AMENDMENTS

1991 - Pub. L. 102-204, Sec. 5(d)(2)(B), (C), Dec. 10, 1991, 105

Stat. 1640, inserted "; FUNDING; SEARCH SYSTEMS" after "FEES" in

chapter heading, inserted "; patent and trademark search systems"

after "fees" in item 41, and substituted "Patent and Trademark

Office funding" for "Payment of patent fees; return of excess

amounts" in item 42.

-End-

-CITE-

35 USC Sec. 41 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 4 - PATENT FEES; FUNDING; SEARCH SYSTEMS

-HEAD-

Sec. 41. Patent fees; patent and trademark search systems

-STATUTE-

(a) The Director shall charge the following fees:

(1)(A) On filing each application for an original patent,

except in design or plant cases, $690.

(B) In addition, on filing or on presentation at any other

time, $78 for each claim in independent form which is in excess

of 3, $18 for each claim (whether independent or dependent) which

is in excess of 20, and $260 for each application containing a

multiple dependent claim.

(C) On filing each provisional application for an original

patent, $150.

(2) For issuing each original or reissue patent, except in

design or plant cases, $1,210.

(3) In design and plant cases -

(A) on filing each design application, $310;

(B) on filing each plant application, $480;

(C) on issuing each design patent, $430; and

(D) on issuing each plant patent, $580.

(4)(A) On filing each application for the reissue of a patent,

$690.

(B) In addition, on filing or on presentation at any other

time, $78 for each claim in independent form which is in excess

of the number of independent claims of the original patent, and

$18 for each claim (whether independent or dependent) which is in

excess of 20 and also in excess of the number of claims of the

original patent.

(5) On filing each disclaimer, $110.

(6)(A) On filing an appeal from the examiner to the Board of

Patent Appeals and Interferences, $300.

(B) In addition, on filing a brief in support of the appeal,

$300, and on requesting an oral hearing in the appeal before the

Board of Patent Appeals and Interferences, $260.

(7) On filing each petition for the revival of an

unintentionally abandoned application for a patent, for the

unintentionally delayed payment of the fee for issuing each

patent, or for an unintentionally delayed response by the patent

owner in any reexamination proceeding, $1,210, unless the

petition is filed under section 133 or 151 of this title, in

which case the fee shall be $110.

(8) For petitions for 1-month extensions of time to take

actions required by the Director in an application -

(A) on filing a first petition, $110;

(B) on filing a second petition, $270; and

(C) on filing a third petition or subsequent petition, $490.

(9) Basic national fee for an international application where

the Patent and Trademark Office was the International Preliminary

Examining Authority and the International Searching Authority,

$670.

(10) Basic national fee for an international application where

the Patent and Trademark Office was the International Searching

Authority but not the International Preliminary Examining

Authority, $690.

(11) Basic national fee for an international application where

the Patent and Trademark Office was neither the International

Searching Authority nor the International Preliminary Examining

Authority, $970.

(12) Basic national fee for an international application where

the international preliminary examination fee has been paid to

the Patent and Trademark Office, and the international

preliminary examination report states that the provisions of

Article 33(2), (3), and (4) of the Patent Cooperation Treaty have

been satisfied for all claims in the application entering the

national stage, $96.

(13) For filing or later presentation of each independent claim

in the national stage of an international application in excess

of 3, $78.

(14) For filing or later presentation of each claim (whether

independent or dependent) in a national stage of an international

application in excess of 20, $18.

(15) For each national stage of an international application

containing a multiple dependent claim, $260.

For the purpose of computing fees, a multiple dependent claim

referred to in section 112 of this title or any claim depending

therefrom shall be considered as separate dependent claims in

accordance with the number of claims to which reference is made.

Errors in payment of the additional fees may be rectified in

accordance with regulations of the Director.

(b) The Director shall charge the following fees for maintaining

in force all patents based on applications filed on or after

December 12, 1980:

(1) 3 years and 6 months after grant, $830.

(2) 7 years and 6 months after grant, $1,900.

(3) 11 years and 6 months after grant, $2,910.

Unless payment of the applicable maintenance fee is received in the

Patent and Trademark Office on or before the date the fee is due or

within a grace period of 6 months thereafter, the patent will

expire as of the end of such grace period. The Director may require

the payment of a surcharge as a condition of accepting within such

6-month grace period the payment of an applicable maintenance fee.

No fee may be established for maintaining a design or plant patent

in force.

(c)(1) The Director may accept the payment of any maintenance fee

required by subsection (b) of this section which is made within

twenty-four months after the six-month grace period if the delay is

shown to the satisfaction of the Director to have been

unintentional, or at any time after the six-month grace period if

the delay is shown to the satisfaction of the Director to have been

unavoidable. The Director may require the payment of a surcharge as

a condition of accepting payment of any maintenance fee after the

six-month grace period. If the Director accepts payment of a

maintenance fee after the six-month grace period, the patent shall

be considered as not having expired at the end of the grace period.

(2) A patent, the term of which has been maintained as a result

of the acceptance of a payment of a maintenance fee under this

subsection, shall not abridge or affect the right of any person or

that person's successors in business who made, purchased, offered

to sell, or used anything protected by the patent within the United

States, or imported anything protected by the patent into the

United States after the 6-month grace period but prior to the

acceptance of a maintenance fee under this subsection, to continue

the use of, to offer for sale, or to sell to others to be used,

offered for sale, or sold, the specific thing so made, purchased,

offered for sale, used, or imported. The court before which such

matter is in question may provide for the continued manufacture,

use, offer for sale, or sale of the thing made, purchased, offered

for sale, or used within the United States, or imported into the

United States, as specified, or for the manufacture, use, offer for

sale, or sale in the United States of which substantial preparation

was made after the 6-month grace period but before the acceptance

of a maintenance fee under this subsection, and the court may also

provide for the continued practice of any process that is

practiced, or for the practice of which substantial preparation was

made, after the 6-month grace period but before the acceptance of a

maintenance fee under this subsection, to the extent and under such

terms as the court deems equitable for the protection of

investments made or business commenced after the 6-month grace

period but before the acceptance of a maintenance fee under this

subsection.

(d) The Director shall establish fees for all other processing,

services, or materials relating to patents not specified in this

section to recover the estimated average cost to the Office of such

processing, services, or materials, except that the Director shall

charge the following fees for the following services:

(1) For recording a document affecting title, $40 per property.

(2) For each photocopy, $.25 per page.

(3) For each black and white copy of a patent, $3.

The yearly fee for providing a library specified in section 13 (!1)

of this title with uncertified printed copies of the specifications

and drawings for all patents in that year shall be $50.

(e) The Director may waive the payment of any fee for any service

or material related to patents in connection with an occasional or

incidental request made by a department or agency of the

Government, or any officer thereof. The Director may provide any

applicant issued a notice under section 132 of this title with a

copy of the specifications and drawings for all patents referred to

in that notice without charge.

(f) The fees established in subsections (a) and (b) of this

section may be adjusted by the Director on October 1, 1992, and

every year thereafter, to reflect any fluctuations occurring during

the previous 12 months in the Consumer Price Index, as determined

by the Secretary of Labor. Changes of less than 1 per centum may be

ignored.

(g) No fee established by the Director under this section shall

take effect until at least 30 days after notice of the fee has been

published in the Federal Register and in the Official Gazette of

the Patent and Trademark Office.

(h)(1) Fees charged under subsection (a) or (b) shall be reduced

by 50 percent with respect to their application to any small

business concern as defined under section 3 of the Small Business

Act, and to any independent inventor or nonprofit organization as

defined in regulations issued by the Director.

(2) With respect to its application to any entity described in

paragraph (1), any surcharge or fee charged under subsection (c) or

(d) shall not be higher than the surcharge or fee required of any

other entity under the same or substantially similar circumstances.

(i)(1) The Director shall maintain, for use by the public, paper,

microform, or electronic collections of United States patents,

foreign patent documents, and United States trademark registrations

arranged to permit search for and retrieval of information. The

Director may not impose fees directly for the use of such

collections, or for the use of the public patent or trademark

search rooms or libraries.

(2) The Director shall provide for the full deployment of the

automated search systems of the Patent and Trademark Office so that

such systems are available for use by the public, and shall assure

full access by the public to, and dissemination of, patent and

trademark information, using a variety of automated methods,

including electronic bulletin boards and remote access by users to

mass storage and retrieval systems.

(3) The Director may establish reasonable fees for access by the

public to the automated search systems of the Patent and Trademark

Office. If such fees are established, a limited amount of free

access shall be made available to users of the systems for purposes

of education and training. The Director may waive the payment by an

individual of fees authorized by this subsection upon a showing of

need or hardship, and if such a waiver is in the public interest.

(4) The Director shall submit to the Congress an annual report on

the automated search systems of the Patent and Trademark Office and

the access by the public to such systems. The Director shall also

publish such report in the Federal Register. The Director shall

provide an opportunity for the submission of comments by interested

persons on each such report.

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 796; Pub. L. 89-83, Secs. 1, 2,

July 24, 1965, 79 Stat. 259; Pub. L. 93-596, Sec. 1, Jan. 2, 1975,

88 Stat. 1949; Pub. L. 94-131, Sec. 3, Nov. 14, 1975, 89 Stat. 690;

Pub. L. 96-517, Sec. 2, Dec. 12, 1980, 94 Stat. 3017; Pub. L.

97-247, Sec. 3(a)-(e), Aug. 27, 1982, 96 Stat. 317-319; Pub. L.

97-256, title I, Sec. 101(1)-(4), Sept. 8, 1982, 96 Stat. 816; Pub.

L. 98-622, title II, Sec. 204(a), Nov. 8, 1984, 98 Stat. 3388; Pub.

L. 99-607, Sec. 1(b)(2), Nov. 6, 1986, 100 Stat. 3470; Pub. L.

102-204, Sec. 5(a)-(c)(1), (d)(1), (2)(A), Dec. 10, 1991, 105 Stat.

1637-1639; Pub. L. 102-444, Sec. 1, Oct. 23, 1992, 106 Stat. 2245;

Pub. L. 103-465, title V, Secs. 532(b)(2), 533(b)(1), Dec. 8, 1994,

108 Stat. 4986, 4988; Pub. L. 105-358, Sec. 3, Nov. 10, 1998, 112

Stat. 3272; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,

Secs. 4202, 4605(a), 4732(a)(5), (10)(A), 4804(d)(1)], Nov. 29,

1999, 113 Stat. 1536, 1501A-554, 1501A-570, 1501A-582, 1501A-589;

Pub. L. 107-273, div. C, title III, Sec. 13206(b)(1)(B), Nov. 2,

2002, 116 Stat. 1906.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 78 (R.S. 4934, amended

(1) May 27, 1908, ch. 200, Sec. 1 (part), 35 Stat. 317, 343; (2)

June 25, 1910, ch. 414, Sec. 2, 35 Stat. 843; (3) Feb. 18, 1922,

ch. 58, Sec. 9, 42 Stat. 389, 393; (4) Feb. 14, 1927, ch. 139, Sec.

2, 44 Stat. 1098, 1099; (5) Mar. 2, 1927, ch. 273, Sec. 13, 44

Stat. 1335, 1337; (6) April 11, 1930, ch. 132, Sec. 3, 46 Stat.

155; (7) June 30, 1932, ch. 314, Secs. 308, 309, 47 Stat. 382, 410;

(8) Aug. 9, 1939, ch. 619, Sec. 3, 53 Stat. 1293; July 5, 1946, ch.

541, Sec. 301 (part), 60 Stat. 446, 471).

The items in the schedule of fees are rearranged in a few

instances and are numbered for convenient reference.

The obsolete fee for appeal from the examiners of interferences

to the Board of Appeals is omitted.

The fee for appeal to the Board of Appeals is changed from $15 to

$25.

Two provisos in the corresponding section of the existing statute

have been made separate sections, see sections 12 and 13.

The fee for a certificate is changed from 50 cents to $1 to

correspond to the same fee in the trade-mark statute.

A new item (8) is added to go with section 205.

An omnibus item to take care of miscellaneous minor fees is

added; in view of this, two items in the present schedule are

omitted.

The fee for reissue applications is changed slightly.

-REFTEXT-

REFERENCES IN TEXT

Section 13 of this title, referred to in subsec. (d), was

renumbered section 12 of this title by Pub. L. 106-113, Sec.

1000(a)(9) [title IV, Sec. 4717(1)], Nov. 29, 1999, 113 Stat.

1501A-536, 1501A-580.

Section 3 of the Small Business Act, referred to in subsec.

(h)(1), is classified to section 632 of Title 15, Commerce and

Trade.

-MISC2-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273 made technical correction to

directory language of Pub. L. 106-113, Sec. 1000(a)(9) [title IV,

Sec. 4732(a)(10)(A)]. See 1999 Amendment note below.

1999 - Subsec. (a). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,

Sec. 4732(a)(10)(A)], as amended by Pub. L. 107-273, substituted

"Director" for "Commissioner" in introductory and concluding

provisions.

Subsec. (a)(1)(A), (4)(A). Pub. L. 106-113, Sec. 1000(a)(9)

[title IV, Sec. 4202(a), (b)], substituted "$690" for "$760".

Subsec. (a)(7). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4605(a)], amended par. (7) generally. Prior to amendment, par. (7)

read as follows: "On filing each petition for the revival of an

unintentionally abandoned application for a patent or for the

unintentionally delayed payment of the fee for issuing each patent,

$1,210, unless the petition is filed under section 133 or 151 of

this title, in which case the fee shall be $110."

Subsec. (a)(8). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(10)(A)], substituted "Director" for "Commissioner" in

introductory provisions.

Subsec. (a)(10). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4202(c)], substituted "$690" for "$760".

Subsec. (b). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(10)(A)], substituted "Director" for "Commissioner" in

introductory and concluding provisions.

Subsec. (b)(1). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4202(d)], substituted "$830" for "$940".

Subsecs. (c) to (g). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,

Sec. 4732(a)(10)(A)], substituted "Director" for "Commissioner"

wherever appearing.

Subsec. (h)(1). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(5)], substituted "Director" for "Commissioner of Patents

and Trademarks".

Subsec. (i)(1). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4804(d)(1)], substituted "paper, microform, or electronic" for

"paper or microform".

Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)]

substituted "Director" for "Commissioner" in two places.

Subsec. (i)(2) to (4). Pub. L. 106-113, Sec. 1000(a)(9) [title

IV, Sec. 4732(a)(10)(A)], substituted "Director" for "Commissioner"

wherever appearing.

1998 - Subsec. (a). Pub. L. 105-358, Sec. 3(a), added subsec. (a)

and struck out former subsec. (a) which listed fees for patent

services.

Subsec. (b). Pub. L. 105-358, Sec. 3(b), added subsec. (b) and

struck out former subsec. (b) which read as follows: "The

Commissioner shall charge the following fees for maintaining in

force all patents based on applications filed on or after December

12, 1980:

"(1) 3 years and 6 months after grant, $650.

"(2) 7 years and 6 months after grant, $1,310.

"(3) 11 years and 6 months after grant, $1,980.

Unless payment of the applicable maintenance fee is received in the

Patent and Trademark Office on or before the date the fee is due or

within a grace period of six months thereafter, the patent will

expire as of the end of such grace period. The Commissioner may

require the payment of a surcharge as a condition of accepting

within such six-month grace period the late payment of an

applicable maintenance fee. No fee will be established for

maintaining a design or plant patent in force."

1994 - Subsec. (a)(1)(C). Pub. L. 103-465, Sec. 532(b)(2), added

subpar. (C).

Subsec. (c)(2). Pub. L. 103-465, Sec. 533(b)(1), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "No

patent, the term of which has been maintained as a result of the

acceptance of a payment of a maintenance fee under this subsection,

shall abridge or affect the right of any person or his successors

in business who made, purchased or used after the six-month grace

period but prior to the acceptance of a maintenance fee under this

subsection anything protected by the patent, to continue the use

of, or to sell to others to be used or sold, the specific thing so

made, purchased, or used. The court before which such matter is in

question may provide for the continued manufacture, use or sale of

the thing made, purchased, or used as specified, or for the

manufacture, use or sale of which substantial preparation was made

after the six-month grace period but before the acceptance of a

maintenance fee under this subsection, and it may also provide for

the continued practice of any process, practiced, or for the

practice of which substantial preparation was made, after the

six-month grace period but prior to the acceptance of a maintenance

fee under this subsection, to the extent and under such terms as

the court deems equitable for the protection of investments made or

business commenced after the six-month grace period but before the

acceptance of a maintenance fee under the subsection."

1992 - Subsec. (c)(1). Pub. L. 102-444 inserted after "section"

in first sentence "which is made within twenty-four months after

the six-month grace period if the delay is shown to the

satisfaction of the Commissioner to have been unintentional, or at

any time".

1991 - Pub. L. 102-204, Sec. 5(d)(2)(A), inserted "; patent and

trademark search systems" after "fees" in section catchline.

Subsec. (a). Pub. L. 102-204, Sec. 5(a)(1), amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "The

Commissioner shall charge the following fees:

"1. On filing each application for an original patent, except in

design or plant cases, $300; in addition, on filing or on

presentation at any other time, $30 for each claim in independent

form which is in excess of three, $10 for each claim (whether

independent or dependent) which is in excess of twenty, and $100

for each application containing a multiple dependent claim. For the

purpose of computing fees, a multiple dependent claim as referred

to in section 112 of this title or any claim depending therefrom

shall be considered as separate dependent claims in accordance with

the number of claims to which reference is made. Errors in payment

of the additional fees may be rectified in accordance with

regulations of the Commissioner.

"2. For issuing each original or reissue patent, except in design

or plant cases, $500.

"3. In design and plant cases:

"a. On filing each design application, $125.

"b. On filing each plant application, $200.

"c. On issuing each design patent, $175.

"d. On issuing each plant patent, $250.

"4. On filing each application for the reissue of a patent, $300;

in addition, on filing or on presentation at any other time, $30

for each claim in independent form which is in excess of the number

of independent claims of the original patent, and $10 for each

claim (whether independent or dependent) which is in excess of

twenty and also in excess of the number of claims of the original

patent. Errors in payment of the additional fees may be rectified

in accordance with regulations of the Commissioner.

"5. On filing each disclaimer, $50.

"6. On filing an appeal from the examiner to the Board of Patent

Appeals and Interferences, $115; in addition, on filing a brief in

support of the appeal, $115, and on requesting an oral hearing in

the appeal before the Board of Patent Appeals and Interferences,

$100.

"7. On filing each petition for the revival of an unintentionally

abandoned application for a patent or for the unintentionally

delayed payment of the fee for issuing each patent, $500, unless

the petition is filed under sections 133 or 151 of this title, in

which case the fee shall be $50.

"8. For petitions for one-month extensions of time to take

actions required by the Commissioner in an application:

"a. On filing a first petition, $50.

"b. On filing a second petition, $100.

"c. On filing a third or subsequent petition, $200."

Subsec. (b). Pub. L. 102-204, Sec. 5(a)(2), substituted "in force

all patents based on applications filed on or after December 12,

1980:

"(1) 3 years and 6 months after grant, $650.

"(2) 7 years and 6 months after grant, $1,310.

"(3) 11 years and 6 months after grant, $1,980."

for "a patent in force:

"1. Three years and six months after grant, $400.

"2. Seven years and six months after grant, $800.

"3. Eleven years and six months after grant, $1,200."

Subsec. (d). Pub. L. 102-204, Sec. 5(a)(3), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "The

Commissioner will establish fees for all other processing,

services, or materials related to patents not specified above to

recover the estimated average cost to the Office of such

processing, services, or materials. The yearly fee for providing a

library specified in section 13 of this title with uncertified

printed copies of the specifications and drawings for all patents

issued in that year will be $50."

Subsec. (f). Pub. L. 102-204, Sec. 5(b), substituted "on October

1, 1992, and every year thereafter, to reflect any fluctuations

occurring during the previous 12 months" for "on October 1, 1985,

and every third year thereafter, to reflect any fluctuations

occurring during the previous three years".

Subsec. (g). Pub. L. 102-204, Sec. 5(c)(1), amended subsec. (g)

generally. Prior to amendment, subsec. (g) read as follows: "No fee

established by the Commissioner under this section will take effect

prior to sixty days following notice in the Federal Register."

Subsec. (i). Pub. L. 102-204, Sec. 5(d)(1), added subsec. (i).

1986 - Subsec. (h). Pub. L. 99-607 added subsec. (h).

1984 - Subsec. (a)(6). Pub. L. 98-622 substituted "Patent Appeals

and Interferences" for "Appeals" in two places and inserted "in the

appeal" after "oral hearing".

1982 - Subsec. (a). Pub. L. 97-247, Sec. 3(a), substituted

provisions setting a schedule of fees for provisions which had

directed that the Commissioner establish fees for the processing of

an application for a patent, from filing through disposition by

issuance or abandonment, for maintaining a patent in force, and for

providing all other services and materials related to patents and

that fee would be established for maintaining a design patent in

force.

Pub. L. 97-256, Sec. 101(1), struck out "of Patents" after

"Commissioner".

Subsec. (b). Pub. L. 97-247, Sec. 3(b), substituted provisions

setting a fee schedule for maintaining a patent in force for

provisions which had directed that, fees for the actual processing

of an application for a patent, other than for a design patent,

from filing through disposition by issuance or abandonment, were to

recover in aggregate 25 per centum of the estimated average cost to

the Office of such processing and that fees for the processing of

an application for a design patent, from filing through disposition

by issuance or abandonment, were to recover in aggregate 50 per

centum of the estimated average cost to the Office of such

processing.

Pub. L. 97-256, Sec. 101(2), substituted "October 1, 1982" for

"the first day of the first fiscal year beginning on or after one

calendar year after enactment of this Act" and "the first day of

the first fiscal year beginning on or after one calendar year after

enactment".

Subsec. (c). Pub. L. 97-247, Sec. 3(c), substituted maintenance

provisions for provisions which had directed that fees for

maintaining patents in force were to recover 25 per centum of the

estimated cost to the Office, for the year in which such

maintenance fees were received, of the actual processing all

applications for patents, other than for design patents, from

filing through disposition by issuance or abandonment, that fees

for maintaining a patent in force would be due three years and six

months, seven years and six months, and eleven years and six months

after the grant of the patent, that unless payment of the

applicable maintenance fee was received in the Patent and Trademark

Office on or before the date the fee was due or within a grace

period of six months thereafter, the patent would expire as of the

end of such grace period, and that the Commissioner could require

the payment of a surcharge as a condition of accepting within such

six-month grace period the late payment of an applicable

maintenance fee.

Pub. L. 97-256, Sec. 101(3), substituted "October 1, 1996" for

"the fifteenth fiscal year following the date of enactment of this

Act".

Subsec. (d). Pub. L. 97-247, Sec. 3(d), substituted provisions

relating to fees for all other processing services or materials

relating to patents not previously specified for provisions

directing that fees for all other services or materials related to

patents were to recover the estimated average cost to the Office of

performing the service or furnishing the material.

Pub. L. 97-256, Sec. 101(4), substituted "October 1, 1982" for

"the first day of the first fiscal year beginning on or after one

calendar year after enactment".

Subsec. (f). Pub. L. 97-247, Sec. 3(e), substituted provisions

relating to the adjustment of fees to reflect CPI fluctuations for

provisions directing that fees were to be adjusted by the

Commissioner to achieve the levels of recovery specified in this

section but that no patent application processing fee or fee for

maintaining a patent in force was to be adjusted more than once

every three years.

1980 - Pub. L. 96-517 in revising fee provisions by substituting

subsecs. (a) to (g) for prior subsecs. (a) to (c), required the

Commissioner to establish fees based on recovery of estimated

average cost of processing applications, performing miscellaneous

services and providing material, required fees for maintenance of

patents in force and provided for expiration of patents for

nonpayments, prescribed $50 library fee for copies of

specifications and drawings, authorized triennial adjustments,

prescribed effective date for fees, and incorporated in subsec. (e)

waiver provision of former subsec. (c).

1975 - Subsec. (a)1. Pub. L. 94-131 inserted sentence respecting

consideration of a multiple dependent claim as referred to in

section 112 of this title or any claim depending therefrom as

separate dependent claims in accordance with the number of claims

to which reference is made for the purpose of computing fees.

Subsec. (b). Pub. L. 93-596 substituted "Patent and Trademark

Office" for "Patent Office".

1965 - Subsec. (a)1. Pub. L. 89-83, Sec. 1, increased the filing

fee for original patents from $30 to $65, changed the additional

fee from $1 for each claim in excess of twenty to $10 for each

claim in independent form which is in excess of one and $2 for each

claim (whether independent or dependent) which is in excess of ten,

and permitted the rectification of errors in the payment of the

additional fees in accordance with regulations of the Commissioner.

Subsec. (a)2. Pub. L. 89-83, Sec. 1, applied the issue fee to

reissue patents as well as to original patents, increased such fee

from $30 to $100, and changed the additional fee from $1 for each

claim in excess of twenty to $10 for each page (or portion thereof)

of specification as printed and $2 for each sheet of drawing.

Subsec. (a)3. Pub. L. 89-83, Sec. 1, changed the fee structure

applicable to design patents from a filing fee of $10, $15, or $30

for terms of 3 1/2 , 7, or 14 years, respectively, to a filing fee

of $20 and an issue fee of $10, $20, or $30 for terms of 3 1/2 , 7,

or 14 years, respectively.

Subsec. (a)4. Pub. L. 89-83, Sec. 1, increased the filing fee for

reissue patents from $30 to $65, changed the additional fee from $1

for each claim in excess of twenty over and above the number of

claims in the original patent to $10 for each claim in independent

form which is in excess of the number of independent claims of the

original patent and $2 for each claim (whether independent or

dependent) which is in excess of ten and also in excess of the

number of claims in the original patent, and permitted the

rectification of errors in the payment of the additional fees in

accordance with regulations of the Commissioner.

Subsec. (a)5. Pub. L. 89-83, Sec. 1, increased the fee for filing

disclaimers from $10 to $15.

Subsec. (a)6. Pub. L. 89-83, Sec. 1, increased the fee on appeal

for the first time from the examiner to the Board of Appeals from

$25 to $50, and added the additional $50 fee for filing a brief in

support of the appeal.

Subsec. (a)7. Pub. L. 89-83, Sec. 1, increased the fee for filing

a petition for the revival of an abandoned application or for the

delayed payment of the issuance fee from $10 to $15.

Subsec. (a)8. Pub. L. 89-83, Sec. 1, inserted fee for the

certificate under section 256 of this title, and increased the fee

for a certificate under section 255 of this title from $10 to $15.

Subsec. (a)9. Pub. L. 89-83, Sec. 1, increased the fee for copies

of specifications and drawings of patents (other than design

patents) from 25 cents to 50 cents per copy and the fee for copies

of specifications and drawings of design patents from 10 cents to

20 cents per copy, and permitted the Commissioner to establish a

charge not to exceed $1 per copy for patents in excess of

twenty-five pages of drawings and specifications and for plant

patents printed in color and to provide applicants, without charge,

with copies of specifications and drawings when referred to in a

section 132 notice.

Subsec. (a)10. Pub. L. 89-83, Sec. 1, changed the recording fee

from $3 for every document not exceeding six pages and $1 for each

additional two pages or less to a flat $20 fee for every document,

and substituted a $3 fee for each additional item where the

document relates to more than one patent or application for a 50

cents additional fee for each additional patent or application

included in one writing where more than one is so included.

Subsec. (c). Pub. L. 89-83, Sec. 2, added subsec. (c).

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle B,

Sec. 4206], Nov. 29, 1999, 113 Stat. 1536, 1501A-555, provided

that:

"(a) In General. - Except as provided in subsection (b), the

amendments made by this subtitle [amending this section and section

42 of this title] shall take effect on the date of the enactment of

this Act [Nov. 29, 1999].

"(b) Section 4202. - The amendments made by section 4202

[amending this section] of this subtitle shall take effect 30 days

after the date of the enactment of this Act."

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle F,

Sec. 4608], Nov. 29, 1999, 113 Stat. 1536, 1501A-572, provided

that:

"(a) In General. - Subject to subsection (b), this subtitle

[enacting chapter 31 of this title, amending this section and

sections 100, 134, 141, 143, and 145 of this title, and enacting

provisions set out as notes under sections 1, 311, and 315 of this

title] and the amendments made by this subtitle shall take effect

on the date of the enactment of this Act [Nov. 29, 1999] and shall

apply to any patent that issues from an original application filed

in the United States on or after that date.

"(b) Section 4605(a). - The amendments made by section 4605(a)

[amending this section] shall take effect on the date that is 1

year after the date of the enactment of this Act."

Amendment by section 1000(a)(9) [title IV, Secs. 4732(a)] of Pub.

L. 106-113 effective 4 months after Nov. 29, 1999, see section

1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out as a

note under section 1 of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-358, Sec. 5, Nov. 10, 1998, 112 Stat. 3274, provided

that: "This Act [amending this section and section 42 of this title

and enacting provisions set out as a note under section 1 of this

title] and the amendments made by this Act shall take effect on

October 1, 1998."

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 532(b)(2) of Pub. L. 103-465 effective 6

months after Dec. 8, 1994, and applicable to all patent

applications filed in the United States on or after that effective

date, with provisions relating to earliest filed patent

application, see section 534(b)(1), (3) of Pub. L. 103-465, set out

as a note under section 154 of this title.

Amendment by section 533(b)(1) of Pub. L. 103-465 effective on

date that is one year after date on which the WTO Agreement enters

into force with respect to the United States [Jan. 1, 1995], with

provisions relating to earliest filed patent application, see

section 534(a), (b)(3) of Pub. L. 103-465, set out as a note under

section 154 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 2 of Pub. L. 102-444 provided that: "The amendment made

by section 1 [amending this section] shall take effect on the date

of the enactment of this Act [Oct. 23, 1992]."

EFFECTIVE DATE OF 1991 AMENDMENT

Section 13 of Pub. L. 102-204 provided that: "This Act [amending

this section, sections 6, 42, 202, 371, and 376 of this title, and

section 1113 of Title 15, Commerce and Trade, enacting provisions

set out as notes under this section, section 6 of this title, and

section 1113 of Title 15, and amending and repealing provisions set

out as notes under this section] takes effect on the date of the

enactment of this Act [Dec. 10, 1991], except that the fees

established by the amendment made by section 5(a) [amending this

section] shall take effect on or after 1 day after such fees are

published in the Federal Register."

EFFECTIVE DATE OF 1984 AMENDMENT

Pub. L. 98-622, title II, Sec. 207, Nov. 8, 1984, 98 Stat. 3389,

provided that: "Section 206 of this Act [98 Stat. 3388] and the

amendments made by this title [amending this section, sections 7,

134, 135, 141, 145, 146, and 305 of this title, section 1295 of

Title 28, Judiciary and Judicial Procedure, and sections 2182 and

2457 of Title 42, The Public Health and Welfare] shall take effect

three months after the date of the enactment of this Act [Nov. 8,

1984]."

EFFECTIVE DATE OF 1982 AMENDMENT

Section 17(a) of Pub. L. 97-247 provided that: "Sections 1, 2, 4,

7, and 13 through 15 of this Act [amending sections 3, 6, 13, 115,

and 261 of this title and section 1061 of Title 15, Commerce and

Trade] shall take effect on the date of enactment of this Act [Aug.

27, 1982]. Sections 3 and 16 of this Act [amending this section,

sections 42 and 173 of this title, and section 113 of Title 15]

shall take effect on October 1, 1982. The maintenance fees provided

for in section 3(b) of this Act [amending this section] shall not

apply to patents applied for prior to the date of enactment of this

Act. Each patent applied for on or after the date of enactment of

this Act shall be subject to the maintenance fees established

pursuant to section 3(b) of this Act or to maintenance fees

hereafter established by law, as to the amounts paid and the number

and timing of the payments."

EFFECTIVE DATE OF 1980 AMENDMENT

Section 8 of Pub. L. 96-517 provided that:

"(a) Sections 2, 4, and 5 of this Act [amending this section,

section 154 of this title, and section 1113 of Title 15, Commerce

and Trade] will take effect upon enactment [Dec. 12, 1980].

"(b) Section 1 of this Act [enacting sections 301 to 307 of this

title] will take effect on the first day of the seventh month

beginning after its enactment [Dec. 12, 1980] and will apply to

patents in force as of that date or issued thereafter.

"(c) Section 3 of this Act [amending section 42 of this title]

will take effect on the first day of the first fiscal year

beginning on or after one calendar year after enactment [Dec. 12,

1980]. However, until section 3 takes effect, the Commissioner may

credit the Patent and Trademark Office appropriation account in the

Treasury of the United States with the revenues from collected

reexamination fees, which will be available to pay the costs to the

Office of reexamination proceedings.

"(d) Any fee in effect as of the date of enactment of this Act

[Dec. 12, 1980] will remain in effect until a corresponding fee

established under section 41 of title 35, United States Code, or

section 1113 of title 15, United States Code, takes effect.

"(e) Fees for maintaining a patent in force will not be

applicable to patents applied for prior to the date of enactment of

this Act [Dec. 12, 1980].

"(f) Sections 6 and 7 of this Act [enacting sections 200 to 211

of this title and amending sections 2186, 2457, and 5908 of Title

42, The Public Health and Welfare] will take effect on the first

day of the seventh month beginning after its enactment [Dec. 12,

1980]. Implementing regulations may be issued earlier.

"(g) Sections 8 and 9 [enacting this note and provision set out

as a note under section 14 of this title] will take effect on the

date of enactment of this Act [Dec. 12, 1980]."

EFFECTIVE DATE OF 1975 AMENDMENTS

Amendment by Pub. L. 94-131 effective Jan. 24, 1978, and

applicable on and after that date to patent applications filed in

the United States and to international applications, where

applicable, see section 11 of Pub. L. 94-131, set out as an

Effective Date note under section 351 of this title.

Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4

of Pub. L. 93-596, set out as a note under section 1111 of Title

15, Commerce and Trade.

EFFECTIVE DATE OF 1965 AMENDMENT

Section 7 of Pub. L. 89-83 provided that:

"(a) This Act [amending this section, sections 112, 151, 154, and

282 of this title, and section 1113 of Title 15, Commerce and

Trade, and repealing section 266 of this title] shall take effect

three months after its enactment [July 24, 1965].

"(b) Items 1, 3, and 4 of section 41(a) of title 35, United

States Code, as amended by section 1 of this Act, do not apply in

further proceedings in applications filed prior to the effective

date of this Act.

"(c) Item 2 of section 41(a), as amended by section 1 of this Act

[item 2 of subsec. (a) of this section], and section 4 of this Act

[amending section 151 of this title] do not apply in cases in which

the notice of allowance of the application was sent, or in which a

patent issued, prior to the effective date; and, in such cases, the

fee due is the fee specified in this title prior to the effective

date of this Act.

"(d) Item 3 of section 31 of the Trademark Act, as amended by

section 3 of this Act [item 3 of section 1113(a) of Title 15],

applies only in the case of registrations issued and registrations

published under the provisions of section 12(c) of the Trademark

Act [section 1062(c) of Title 15] on or after the effective date of

this Act."

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(i)(4) of this section relating to annual reports to Congress, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance, and page 55 of House

Document No. 103-7.

STUDY ON ALTERNATIVE FEE STRUCTURES

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4204],

Nov. 29, 1999, 113 Stat. 1536, 1501A-555, provided that: "The Under

Secretary of Commerce for Intellectual Property and Director of the

United States Patent and Trademark Office shall conduct a study of

alternative fee structures that could be adopted by the United

States Patent and Trademark Office to encourage maximum

participation by the inventor community in the United States. The

Director shall submit such study to the Committees on the Judiciary

of the House of Representatives and the Senate not later than 1

year after the date of the enactment of this Act [Nov. 29, 1999]."

COST RECOVERY FOR PUBLICATION

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4506],

Nov. 29, 1999, 113 Stat. 1536, 1501A-565, provided that: "The Under

Secretary of Commerce for Intellectual Property and Director of the

United States Patent and Trademark Office shall recover the cost of

early publication required by the amendment made by section 4502

[amending section 122 of this title] by charging a separate

publication fee after notice of allowance is given under section

151 of title 35, United States Code."

CONTINUATION OF MAINTENANCE

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.

4804(d)(2)], Nov. 29, 1999, 113 Stat. 1536, 1501A-590, provided

that: "The Under Secretary of Commerce for Intellectual Property

and Director of the United States Patent and Trademark Office shall

not, pursuant to the amendment made by paragraph (1) [amending this

section], cease to maintain, for use by the public, paper or

microform collections of United States patents, foreign patent

documents, and United States trademark registrations, except

pursuant to notice and opportunity for public comment and except

that the Director shall first submit a report to the Committees on

the Judiciary of the Senate and the House of Representatives

detailing such plan, including a description of the mechanisms in

place to ensure the integrity of such collections and the data

contained therein, as well as to ensure prompt public access to the

most current available information, and certifying that the

implementation of such plan will not negatively impact the public."

ACCESS TO ELECTRONIC PATENT INFORMATION

Pub. L. 105-289, Sec. 4, Oct. 27, 1998, 112 Stat. 2781, provided

that:

"(a) In General. - The United States Patent and Trademark Office

shall develop and implement statewide computer networks with remote

library sites in requesting rural States such that citizens in

those States will have enhanced access to information in their

State's patent and trademark depository library.

"(b) Definition. - In this section, the term 'rural States' means

the States that qualified on January 1, 1997, as rural States under

section 1501(b) of the Omnibus Crime Control and Safe Streets Act

of 1968 (42 U.S.C. 379bb(b) [3796bb(b)])."

WAIVER OF CERTAIN RESTRICTIONS

Section 2(c) of Pub. L. 102-204 provided that: "Surcharges

established for fiscal year 1992 under section 10101(c) of the

Omnibus Budget Reconciliation Act of 1990 [Pub. L. 101-508, set out

below] may take effect on or after 1 day after such surcharges are

published in the Federal Register. Section 553 of title 5, United

States Code, shall not apply to the establishment of such

surcharges for fiscal year 1992."

UNSPECIFIED PATENT FEES FOR FISCAL YEAR 1992; EFFECTIVE DATE

CONTINGENT UPON PUBLICATION IN FEDERAL REGISTER

Section 5(c)(2) of Pub. L. 102-204 provided that fees established

by the Commissioner of Patents and Trademarks under subsec. (d) of

this section during fiscal year 1992 could take effect on or after

1 day after being published in the Federal Register, and that

subsec. (g) of this section and section 553 of title 5 were not to

apply to the establishment of such fees during fiscal year 1992.

PATENT INFORMATION DISSEMINATION

Section 11 of Pub. L. 102-204 set out definitions, established a

patent information demonstration program, stipulated the

information to be disseminated, provided for fees for CD-ROM

purchase, and required a report to Congress one year after Dec. 10,

1991.

SURCHARGES ON PATENT FEES

Pub. L. 101-508, title X, Sec. 10101(a)-(c), Nov. 5, 1990, 104

Stat. 1388-391, as amended by Pub. L. 102-204, Sec. 2(b), Dec. 10,

1991, 105 Stat. 1636; Pub. L. 103-66, title VIII, Sec. 8001, Aug.

10, 1993, 107 Stat. 402, provided for surcharges for fees under

this section during fiscal years 1991 through 1998, and stipulated

how surcharges would be used and credited in those fiscal years.

EFFECT ON OTHER LAWS

Pub. L. 101-508, title X, Sec. 10103, Nov. 5, 1990, 104 Stat.

1388-392, provided that: "Except for section 10101(d) [not

classified to the Code], nothing in this subtitle [subtitle B

(Secs. 10101-10103) of title X of Pub. L. 101-508, enacting

provisions set out as notes under this section and section 1 of

this title] affects the provisions of Public Law 100-703 (102 Stat.

4674 and following) [see Tables for classification]."

PUBLIC ACCESS TO PATENT AND TRADEMARK OFFICE INFORMATION

Pub. L. 100-703, title I, Sec. 104(b), (c), Nov. 19, 1988, 102

Stat. 4675, provided that the Commissioner of Patents and

Trademarks maintain patent and trademark collections, search rooms,

and libraries for use by the public without fees and authorized

establishment of fees for access by the public to automated search

systems of the Patent and Trademark Office, prior to repeal by Pub.

L. 102-204, Sec. 9, Dec. 10, 1991, 105 Stat. 1641. See section

41(i) of this title.

Pub. L. 99-607, Sec. 4, Nov. 6, 1986, 100 Stat. 3471, provided

that the Commissioner of Patents and Trademarks could not impose a

fee for use of public patent or trademark search rooms and

libraries and that costs of such rooms and libraries should come

from amounts appropriated by Congress, prior to repeal by Pub. L.

100-703, title I, Sec. 104(a), Nov. 19, 1988, 102 Stat. 4675.

PATENT FEES

Pub. L. 100-703, title I, Sec. 103(b), Nov. 19, 1988, 102 Stat.

4674, prohibited Commissioner of Patents and Trademarks, during

fiscal years 1989, 1990, and 1991, from increasing fees established

under subsec. (d) of this section, except for purposes of making

adjustments which in the aggregate did not exceed fluctuations

during the previous three years in the Consumer Price Index, and

from establishing additional fees under such section during such

fiscal years. Similar provisions were contained in Pub. L. 99-607,

Sec. 3(b), Nov. 6, 1986, 100 Stat. 3471.

Section 404 of Pub. L. 98-622 provided that:

"(a) Notwithstanding section 41 of title 35, United States Code,

as in effect before the enactment of Public Law 97-247 (96 Stat.

317) [Aug. 27, 1982], no fee shall be collected for maintaining a

plant patent in force.

"(b) Notwithstanding section 41(c) of title 35, United States

Code, as in effect before the enactment of Public Law 97-247 (96

Stat. 317) [Aug. 27, 1982], the Commissioner of Patents and

Trademarks [now Under Secretary of Commerce for Intellectual

Property and Director of the United States Patent and Trademark

Office] may accept, after the six-month grace period referred to in

such section 41(c), the payment of any maintenance fee due on any

patent based on an application filed in the Patent and Trademark

Office on or after December 12, 1980, and before August 27, 1982,

to the same extent as in the case of patents based on applications

filed in the Patent and Trademark Office on or after August 27,

1982."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2, 13, 119, 132, 302,

311, 371, 376 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

35 USC Sec. 42 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 4 - PATENT FEES; FUNDING; SEARCH SYSTEMS

-HEAD-

Sec. 42. Patent and Trademark Office funding

-STATUTE-

(a) All fees for services performed by or materials furnished by

the Patent and Trademark Office will be payable to the Director.

(b) All fees paid to the Director and all appropriations for

defraying the costs of the activities of the Patent and Trademark

Office will be credited to the Patent and Trademark Office

Appropriation Account in the Treasury of the United States.

(c) To the extent and in the amounts provided in advance in

appropriations Acts, fees authorized in this title or any other Act

to be charged or established by the Director shall be collected by

and shall be available to the Director to carry out the activities

of the Patent and Trademark Office. All fees available to the

Director under section 31 of the Trademark Act of 1946 shall be

used only for the processing of trademark registrations and for

other activities, services, and materials relating to trademarks

and to cover a proportionate share of the administrative costs of

the Patent and Trademark Office.

(d) The Director may refund any fee paid by mistake or any amount

paid in excess of that required.

(e) The Secretary of Commerce shall, on the day each year on

which the President submits the annual budget to the Congress,

provide to the Committees on the Judiciary of the Senate and the

House of Representatives -

(1) a list of patent and trademark fee collections by the

Patent and Trademark Office during the preceding fiscal year;

(2) a list of activities of the Patent and Trademark Office

during the preceding fiscal year which were supported by patent

fee expenditures, trademark fee expenditures, and appropriations;

(3) budget plans for significant programs, projects, and

activities of the Office, including out-year funding estimates;

(4) any proposed disposition of surplus fees by the Office; and

(5) such other information as the committees consider

necessary.

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 796; Pub. L. 94-131, Sec. 4, Nov.

14, 1975, 89 Stat. 690; Pub. L. 96-517, Sec. 3, Dec. 12, 1980, 94

Stat. 3018; Pub. L. 97-247, Sec. 3(g), Aug. 27, 1982, 96 Stat. 319;

Pub. L. 97-258, Sec. 3(i), Sept. 13, 1982, 96 Stat. 1065; Pub. L.

102-204, Secs. 4, 5(e), Dec. 10, 1991, 105 Stat. 1637, 1640; Pub.

L. 105-358, Sec. 4, Nov. 10, 1998, 112 Stat. 3274; Pub. L. 106-113,

div. B, Sec. 1000(a)(9) [title IV, Secs. 4205, 4732(a)(10)(A)],

Nov. 29, 1999, 113 Stat. 1536, 1501A-555, 1501A-582; Pub. L.

107-273, div. C, title III, Sec. 13206(b)(1)(B), Nov. 2, 2002, 116

Stat. 1906.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 79 (Mar. 6, 1920, ch.

94, Sec. 1 (part), 41 Stat. 503, 512).

Language has been changed.

-REFTEXT-

REFERENCES IN TEXT

Section 31 of the Trademark Act of 1946, referred to in subsec.

(c), is classified to section 1113 of Title 15, Commerce and Trade.

-MISC2-

AMENDMENTS

2002 - Subsecs. (a), (b). Pub. L. 107-273 made technical

correction to directory language of Pub. L. 106-113, Sec.

1000(a)(9) [title IV, Sec. 4732(a)(10)(A)]. See 1999 Amendment note

below.

1999 - Subsecs. (a), (b). Pub. L. 106-113, Sec. 1000(a)(9) [title

IV, Sec. 4732(a)(10)(A)], as amended by Pub. L. 107-273,

substituted "Director" for "Commissioner".

Subsec. (c). Pub. L. 106-113 substituted "Director" for

"Commissioner" wherever appearing and, in second sentence,

substituted "All fees available" for "Fees available" and "shall be

used" for "may be used".

Subsec. (d). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(10)(A)], substituted "Director" for "Commissioner".

1998 - Subsec. (c). Pub. L. 105-358 substituted first sentence

for former first sentence which read as follows: "Revenues from

fees shall be available to the Commissioner to carry out, to the

extent provided in appropriation Acts, the activities of the Patent

and Trademark Office."

1991 - Subsec. (c). Pub. L. 102-204, Sec. 5(e), amended subsec.

(c) generally. Prior to amendment, subsec. (c) read as follows:

"Revenues from fees will be available to the Commissioner of

Patents to carry out, to the extent provided for in appropriation

Acts, the activities of the Patent and Trademark Office. Fees

available to the Commissioner under section 31 of the Trademark Act

of 1946, as amended (15 U.S.C. 1113), shall be used exclusively for

the processing of trademark registrations and for other services

and materials related to trademarks."

Subsec. (e). Pub. L. 102-204, Sec. 4, added subsec. (e).

1982 - Subsec. (b). Pub. L. 97-258 struck out ", the provisions

of section 725e of title 31, United States Code, notwithstanding"

after "United States".

Subsec. (c). Pub. L. 97-247 inserted provision that fees

available to the Commissioner under section 31 of the Trademark Act

of 1946, as amended (15 U.S.C. 1113), be used exclusively for the

processing of trademark registrations and for other services and

materials related to trademarks.

1980 - Pub. L. 96-517 designated existing provision relating to

payment of patent fees as subsec. (a) and struck out provision

that, except as provided in sections 361(b) and 376(b) of this

title, the Commissioner deposit fees paid in the Treasury of the

United States in such manner as directed by the Secretary of the

Treasury, designated existing provision relating to return of

excess amounts paid as subsec. (d), and added subsecs. (b) and (c).

1975 - Pub. L. 94-131 inserted ", except as provided in sections

361(b) and 376(b) of this title,".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by section 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)]

of Pub. L. 106-113 effective 4 months after Nov. 29, 1999, see

section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set

out as a note under section 1 of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-358 effective Oct. 1, 1998, see section

5 of Pub. L. 105-358, set out as a note under section 41 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-247 effective Oct. 1, 1982, see section

17(a) of Pub. L. 97-247, set out as a note under section 41 of this

title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-517 effective on first day of first

fiscal year beginning on or after one calendar year after Dec. 12,

1980, subject to authorization of appropriation account credits

from collected reexamination fees prior to the effective date, made

available for payment of reexamination proceedings costs, see

section 8(c) of Pub. L. 96-517, set out as a note under section 41

of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 94-131 effective Jan. 24, 1978, and

applicable on and after that date to patent applications filed in

the United States and to international applications, where

applicable, see section 11 of Pub. L. 94-131, set out as an

Effective Date note under section 351 of this title.

AUTHORIZATION OF AMOUNTS AVAILABLE TO THE PATENT AND TRADEMARK

OFFICE

Pub. L. 107-273, div. C, title III, Sec. 13102, Nov. 2, 2002, 116

Stat. 1899, provided that:

"(a) In General. - There are authorized to be appropriated to the

United States Patent and Trademark Office for salaries and

necessary expenses for each of the fiscal years 2003 through 2008

an amount equal to the fees estimated by the Secretary of Commerce

to be collected in each such fiscal year, respectively, under -

"(1) title 35, United States Code; and

"(2) the Act entitled 'An Act to provide for the registration

and protection of trademarks used in commerce, to carry out the

provisions of certain international conventions, and for other

purposes', approved July 5, 1946 (15 U.S.C. 1051 et seq.)

(commonly referred to as the Trademark Act of 1946).

"(b) Estimates. - Not later than February 15, of each fiscal

year, the Undersecretary of Commerce for Intellectual Property and

the Director of the Patent and Trademark Office (in this subtitle

[subtitle A (Secs. 13101-13106) of title III of div. C of Pub. L.

107-273, amending sections 134, 141, 303, 312, and 315 of this

title and enacting provisions set out as notes under sections 2,

134, and 303 of this title] referred to as the Director) shall

submit an estimate of all fees referred to under subsection (a) to

be collected in the next fiscal year to the chairman and ranking

member of -

"(1) the Committees on Appropriations and Judiciary of the

Senate; and

"(2) the Committees on Appropriations and Judiciary of the

House of Representatives."

APPROPRIATIONS AUTHORIZED TO BE CARRIED OVER

Pub. L. 100-703, title I, Sec. 102, Nov. 19, 1988, 102 Stat.

4674, provided that: "Amounts appropriated under this Act and such

fees as may be collected under title 35, United States Code, and

the Trademark Act of 1946 (15 U.S.C. 1051 and following) may remain

available until expended."

Similar provisions were contained in the following prior

authorization act:

Pub. L. 99-607, Sec. 2, Nov. 6, 1986, 100 Stat. 3470.

-End-

-CITE-

35 USC PART II - PATENTABILITY OF INVENTIONS AND GRANT OF

PATENTS 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

-HEAD-

PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

-MISC1-

Chap. Sec.

10. Patentability of Inventions 100

11. Application for Patent 111

12. Examination of Application 131

13. Review of Patent and Trademark Office Decisions 141

14. Issue of Patent 151

15. Plant Patents 161

16. Designs 171

17. Secrecy of Certain Inventions and Filing

Applications Abroad (!1) 181

18. Patent Rights in Inventions Made with Federal

Assistance 200

AMENDMENTS

2002 - Pub. L. 107-273, div. C, title III, Sec. 13206(a)(6), Nov.

2, 2002, 116 Stat. 1904, substituted "Examination of Application"

for "Examination of Applications" in heading of chapter 12.

1982 - Pub. L. 97-256, title I, Sec. 101(6), Sept. 8, 1982, 96

Stat. 816, added item for chapter 18.

1975 - Pub. L. 93-596, Sec. 1, Jan. 2, 1975, 88 Stat. 1949,

substituted "Patent and Trademark Office" for "Patent Office" in

heading of chapter 13.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 282 of this title.

-End-