Patent and trademark cases: Fee revisions (2000 FY),

Text

---

Federal Register: December 3, 1999 (Volume 64, Number 232)Rules and RegulationsPage 67774-67781From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr03de99-25

DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Parts 1 and 2

Docket No. 991105297-9297-01RIN 0651-AB01

Revision of Patent and Trademark Fees for Fiscal Year 2000

AGENCY: Patent and Trademark Office, Commerce.

ACTION: Final rule.

SUMMARY: The Patent and Trademark Office (PTO) is amending the rules of practice in patent and trademark cases to adjust certain patent fee amounts to conform to the fee amounts set by law in the American Inventors Protection Act of 1999 as part of the conference report (H. Rep. 106-479) on H.R. 3194, Consolidated Appropriations Act, Fiscal Year 2000. The text of the American Inventors Protection Act of 1999 is contained in title IV of S. 1948, the Intellectual Property and Communications Omnibus Reform Act of 1999, which is incorporated by reference in Division B of the conference report. The PTO is also

[Page 67775]adjusting certain trademark fee amounts to recover the cost of all trademark activities as provided for in H.R. 3194 (S. 1948). In addition, the PTO is adjusting, by a corresponding amount, two patent fees that track the basic filing fee.

EFFECTIVE DATES: The amendments to 37 CFR 1.16, 1.20, and 1.492 are effective on December 29, 1999. The amendments to 37 CFR 1.17 and 2.6 are effective on January 10, 2000.

FOR FURTHER INFORMATION CONTACT: Matthew Lee by telephone at (703) 305- 8051, by e-mail at matthew.lee@uspto.gov, by facsimile at (703) 305- 8007, or by mail marked to his attention and addressed to the Commissioner of Patents and Trademarks, Office of Finance, Crystal Park 1, Suite 802, Washington, DC 20231.

SUPPLEMENTARY INFORMATION: This final rule adjusts certain patent fees in accordance with the Consolidated Appropriations Act, Fiscal Year 2000 (H.R. 3194), which incorporates the Intellectual Property and Communications Omnibus Reform Act of 1999 (S. 1948), and adjusts certain trademark fees to recover costs.

Background

Section 31(a) of the Trademark Act of 1946 (15 U.S.C. 1113(a)) authorizes the Commissioner of Patents and Trademarks to annually adjust the fees established for the filing and processing of trademark applications, for the registration of trademarks and other marks, and for all other services performed by the PTO related to trademarks and other marks, to reflect aggregate fluctuations in the Consumer Price Index (CPI) during the previous twelve months. Trademark processing fees have not been adjusted since 1993, when the application fee was adjusted. Other trademark fees have not been changed since 1982.

As a result of increases in filings, efforts to reduce the pendency of trademark applications before the PTO, and to reduce the backlog of unexamined cases, the PTO has hired additional trademark examining attorneys and instituted an electronic filing system for trademark applications. Current trademark fee rates are insufficient to recover these additional costs. In addition, the PTO has employed activity- based cost accounting principles and systems on an agency-wide basis to measure the full cost of patent and trademark activities, including indirect costs. To fully recover the cost of all trademark activities, including indirect trademark operation costs, the PTO needs to adjust trademark fees sufficiently to recover an estimated $30 million in fiscal years 2000 and 2001. H.R. 3194 (S. 1948) authorizes the Commissioner to make such an adjustment to trademark fees.

Patent fees were adjusted in 1998 as a result of Public Law 105- 358. Public Law 105-358 set:

  (1) The basic filing fee for an original utility patent application (35 U.S.C. 41(a)(1)(A)) or a reissue patent application (35 U.S.C. 41(a)(4)(A)) at $760 ($380 for a small entity);

  (2) The basic national fee for an international application in which the PTO was the International Searching Authority (ISA) but not the International Preliminary Examining Authority (IPEA) (35 U.S.C. 41(a)(10)) at $760 ($380 for a small entity); and

  (3) The first patent maintenance fee (35 U.S.C. 41(b)(1)) at $940 ($470 for a small entity).

The Commissioner may also adjust fees set forth in 35 U.S.C. 41(a) and (b) to reflect any fluctuations in the Consumer Price Index (CPI) during the previous twelve months. See 35 U.S.C. 41(f). With the recent implementation of activity-based cost accounting principles and systems on an agency-wide basis, the PTO recognized that patent fee revenue has been partially offsetting the indirect trademark operation costs. Since H.R. 3194 (S. 1948) authorizes the Commissioner to adjust trademark fees to fully cover the costs of trademark operations, an adjustment to selective patent fees is necessary in fiscal year 2000 because those fees will no longer be needed to offset indirect trademark operation expenses. Thus, H.R. 3194 (S. 1948) reduces:

  (1) The basic filing fee for an original utility patent application (35 U.S.C. 41(a)(1)(A)) or a reissue patent application (35 U.S.C. 41(a)(4)(A)) to $690 ($345 for a small entity);

  (2) The basic national fee for an international application in which the PTO was the ISA but not the IPEA (35 U.S.C. 41(a)(10)) to $690 ($345 for a small entity); and

  (3) The first patent maintenance fee (35 U.S.C. 41(b)(1)) to $830 ($415 for a small entity).

This final rule conforms the patent fees set forth in 37 CFR 1.16(a) and (h), 1.20(e), and 1.492(a)(2) to the fee amounts specified in H.R. 3194 (S. 1948). Specifically, Secs. 1.16(a) and (h), and 1.492(a)(2) are amended to correspond to the patent fees specified in amended 35 U.S.C. 41(a). Section 1.20(e) is amended to indicate the patent fee specified in amended 35 U.S.C. 41(b). This final rule also adjusts two patent fees that track the basic filing fee. Sections 1.17(r) and (s) are reduced to correspond to the basic filing fee provided in 35 U.S.C. 41(a)(1)(A), as amended by H.R. 3194 (S. 1948).

Section 1.53(d), which relates to a continued prosecution application (CPA), is not being revised by this final rule. However, it should be noted that Sec. 1.53(d)(3) requires payment of the basic filing fee as set forth in 37 CFR 1.16.

Section 41(g) of title 35, United States Code, provides that new fee amounts established by the Commissioner under section 41 may take effect 30 days after notice in the Federal Register and the Official Gazette of the Patent and Trademark Office.

In addition, this final rule adjusts trademark fees set forth in 37 CFR 2.6(a)(1), (a)(4), (a)(5), (a)(13), (a)(16), and (a)(17), to recover costs.

Section 31 of the Trademark Act of 1946 (15 U.S.C. 1113(a)), allows new trademark fee amounts to take effect 30 days after notice in the Federal Register and the Official Gazette of the Patent and Trademark Office.

A comparison of the current fee amounts and the new fee amounts for fiscal year 2000 is included as an Appendix to this final rule.

Procedures for Determining the Correct Fee Amount Owed

The following subsections detail the procedures for determining the fees owed during the transition to the new fee schedule.

Fees owed may be affected by proper use of a Certificate of Mailing or Transmission under Sec. 1.8(a)(1), or use of ``Express Mail Post Office to Addressee'' under Sec. 1.10(a).

Items for which a Certificate of Mailing or Transmission under Sec. 1.8(a)(1) is not proper include, for example, national (including a continued prosecution application (CPA) under Sec. 1.53(d)) and international patent applications, and trademark applications. See 37 CFR 1.8(a)(2).

Under Sec. 1.10(a), any correspondence delivered by the ``Express Mail Post Office to Addressee'' service of the United States Postal Service (USPS) is considered filedor received in the Office on the date of deposit with the USPS. The date of deposit with the USPS is shown by the ``date-in'' on the ``Express Mail'' mailing label or other official USPS notation.

a. The Post Issuance Fee for Patents Under 35 U.S.C. 41(b)

Section 41(b) of title 35, United States Code, provides for maintenance fees. Any maintenance fee amount that is

[Page 67776]paid on or after the effective date of the final fee adjustment will be subject to the new fee.

If a Certificate of Mailing or Transmission was used, and was proper under Sec. 1.8(a)(1), the fee required is the lower of:

  (1) The fee in effect on the date the PTO receives the fee; or

  (2) The fee in effect on the date of mailing indicated on a proper Certificate of Mailing or Transmission under Sec. 1.8(a)(1).

Under Sec. 1.10(a), any correspondence delivered by the ``Express Mail Post Office to Addressee'' service of the USPS is considered filed or received in the Office on the date of deposit with the USPS. The date of deposit with the USPS is shown by the ``date-in'' on the ``Express Mail'' mailing label or other official USPS notation.

b. The Filing Fee for Patent Applications FiledUnder 35 U.S.C. 111 and 37 CFR 1.53

Section 111 of title 35, United States Code, provides for the filing of a patent application with the PTO. If the filing fee for an application filedunder 35 U.S.C. 111 is received when the application is filed, the filing fee required is the filing fee in effect on the filing date assigned to the application. If the PTO receives the filing fee on a date later than the filing date assigned to the application, the filing fee required is the higher of:

  (1) The filing fee in effect on the filing date assigned to the application; or

  (2) The filing fee in effect on the date the PTO receives the filing fee.

The filing fee includes the basic fee, excess claims fees (if any), and the multiple dependent claim fee (if any), for claims present on filing (unless the excess or multiple dependent claims are canceled before the filing fee is paid). Of course, if the basic filing fee is received on a date later than the filing date assigned to the application filedunder 35 U.S.C. 111, a surcharge as set forth in Sec. 1.16(e) is also required.

A Certificate of Mailing or Transmission under Sec. 1.8(a)(1) cannot be used for national (including a continued prosecution application (CPA) under Sec. 1.53(d)) and international patent applications. See 37 CFR 1.8(a)(2).

Under Sec. 1.10(a), any correspondence delivered by the ``Express Mail Post Office to Addressee'' service of the USPS is considered filed or received in the Office on the date of deposit with the USPS. The date of deposit with the USPS is shown by the ``date-in'' on the ``Express Mail'' mailing label or other official USPS notation.

c. The Fees for International Patent Applications Entering the National Stage Under 35 U.S.C. 371 and 37 CFR 1.494 or 1.495

Section 371 of title 35, United States Code, provides for the national stage filing of a patent application under the Patent Cooperation Treaty. The basic national fee for an international application entering the national stage is due not later than the expiration of 20 months from the priority date in the international application (or 30 months from the priority date if the United States was elected prior to the expiration of 19 months from the priority date). The amount of the basic national fee that is required to be paid is the basic national fee in effect on the date the full fee is received.

A Certificate of Mailing or Transmission under Sec. 1.8(a)(1) cannot be used for international patent applications. See 37 CFR 1.8(a)(2).

Under Sec. 1.10(a), any correspondence delivered by the ``Express Mail Post Office to Addressee'' service of the USPS is considered filed or received in the Office on the date of deposit with the USPS. The date of deposit with the USPS is shown by the ``date-in'' on the ``Express Mail'' mailing label or other official USPS notation.

d. For Filing Trademark Applications Under 15 U.S.C. 1051

Section 1051 of title 15, United States Code, provides for the filing of trademark applications. The initial filing fee required for a trademark application filedunder 15 U.S.C. 1051 is the filing fee in effect on the filing date assigned to the application.

Under Sec. 1.6, documents are considered filedas of the date of receipt at the PTO, unless the documents are filedunder Sec. 1.10, which provides for filing by Express Mail. Under Sec. 1.10(a), any correspondence delivered by the ``Express Mail Post Office to Addressee'' service of the USPS is considered filedor received in the Office on the date of deposit with the USPS. The date of deposit with the USPS is shown by the ``date-in'' on the ``Express Mail'' mailing label or other official USPS notation.

A Certificate of Mailing or Transmission under Sec. 1.8(a)(1) cannot be used for filing a trademark application. See 37 CFR 1.8(a)(2).

Under Sec. 2.21(a)(5), a trademark applicant must submit the filing fee for at least one class of goods or services before the application can be given a filing date. If the trademark application is accompanied by the fee for at least a single class of goods or services, but does not include fees sufficient to cover all the classes in the application, the application will be given a filing date, and the applicant will be required to submit the fees for the additional class(es) during examination. If the applicant submits fee(s) for additional class(es) after the application filing date, the fee(s) in effect on the date the fee(s) for the additional class(es) is received at the PTO will apply. The applicant may use a Certificate of Mailing or Transmission under Sec. 1.8(a)(1) to file the additional fee(s).

e. For All Other Trademark Process Fees Affected by this Notice

For trademark process fees other than the initial fee for filing a trademark application, the applicant may use a Certificate of Mailing or Transmission under Sec. 1.8(a)(1). If a Certificate of Mailing or Transmission is used to mail or transmit the fee, and the Certificate meets the requirements of Sec. 1.8(a)(1), the fee in effect on the date indicated on the Certificate of Mailing or Transmission will apply.

Owners of registered trademarks should note that failure to timely submit the required fee for an affidavit of continued use or excusable nonuse under 15 U.S.C. 1058, or a renewal application under 15 U.S.C. 1059, may also result in a deficiency surcharge under 15 U.S.C. 1058(c)(2) or 15 U.S.C. 1059(a). See Secs. 2.164 and 2.185.

Other Considerations

This final rule contains no information collection within the meaning of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. This final rule has been determined to be not significant for purposes of Executive Order 12866.

This final rule adjusts certain patent fees and trademark fees indicated in Parts 1 and 2 of title 37, Code of Federal Regulations, to the fee amounts set by law or provided for by law. Therefore, prior notice and an opportunity for public comment are not required pursuant to 5 U.S.C. 553(a)(2) (or any other law). As prior notice and an opportunity for public comment are not required pursuant to 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.

Lists of Subjects in 37 CFR Part 1

Administrative practice and procedure, Inventions and patents, Reporting and record keeping requirements, Small businesses.

[Page 67777]PART 1--RULES OF PRACTICE IN PATENT CASES

1. The authority citation for 37 CFR Part 1 continues to read as follows:

Authority: 35 U.S.C. 6, unless otherwise noted.

2. Section 1.16 is amended by revising paragraphs (a) and (h), to read as follows:

Sec. 1.16 National application filing fees.

  (a) Basic fee for filing each application for an original patent, except provisional, design or plant applications:

By a small entity (Sec. 1.9(f))............................. $345.00 By other than a small entity................................. 690.00

* * * * *

  (h) Basic fee for filing each reissue application:

By a small entity (Sec. 1.9(f))............................. $345.00 By other than a small entity................................. 690.00

* * * * *

3. Section 1.17 is amended by revising paragraphs (r) and (s), to read as follows:

Sec. 1.17 Patent application processing fees.

* * * * *

  (r) For entry of a submission after final rejection under Sec. 1.129(a):

By a small entity (Sec. 1.9(f))............................. $345.00 By other than a small entity................................. 690.00

  (s) For each additional invention requested to be examined under Sec. 1.129(b):

By a small entity (Sec. 1.9(f))............................. $345.00 By other than a small entity................................. 690.00

4. Section 1.20 is amended by revising paragraph (e) to read as follows:

Sec. 1.20 Post issuance fees.

* * * * *

  (e) For maintaining an original or reissue patent, except a design or plant patent, based on an application filedon or after December 12, 1980, in force beyond four years; the fee is due by three years and six months after the original grant:

By a small entity (Sec. 1.9(f))............................. $415.00 By other than a small entity................................. 830.00

* * * * *

5. Section 1.492 is amended by revising paragraph (a)(2) to read as follows:

Sec. 1.492 National stage fees.

* * * * *

  (a) * * * * * * * *

  (2) Where no international preliminary examination fee as set forth in Sec. 1.482 has been paid to the United States Patent and Trademark Office, but an international search fee as set forth in Sec. 1.445(a)(2) has been paid on the international application to the United States Patent and Trademark Office as an International Searching Authority:

By a small entity (Sec. 1.9(f))............................. $345.00 By other than a small entity................................. 690.00

* * * * *

PART 2--RULES OF PRACTICE IN TRADEMARK CASES

1. The authority citation for 37 CFR Part 2 continues to read as follows:

Authority: 15 U.S.C. 1123; 35 U.S.C. 6, unless otherwise noted.

2. Section 2.6 is amended by revising paragraphs (a)(1), (a)(4), (a)(5), (a)(13), (a)(16), and (a)(17), to read as follows:

Sec. 2.6 Trademark fees.

* * * * *

  (a) * * *

  (1) For filing an application, per class..................... $325.00

* * * * *

  (4) For filing a request under section 1(d)(2) of the Act for $150.00 a six-month extension of time for filing a statement of use under section 1(d)(1) of the Act, per class................. (5) For filing an application for renewal of a registration, 400.00 per class...................................................

* * * * *

  (13) For filing an affidavit under Sec. 15 of the Act, per $200.00 class.......................................................

* * * * *

  (16) For filing a petition to cancel, per class.............. $300.00 (17) For filing a notice of opposition, per class............ 300.00

* * * * *

Dated: November 30, 1999. Q. Todd Dickinson, Assistant Secretary of Commerce and Commissioner of Patents and Trademarks.

Note: The following appendix is provided as a courtesy to the public, but is not a substitute for the rules. It will not appear in the Code of Federal Regulations.

Appendix A--Comparison of Current and New Fee Amounts

Fee code

37 CFR sec.

Description

FY 1999 FY 2000

101 1.16(a)

Basic filing fee--Utility.......... $760 \1\ 690 201 1.16(a)

Basic filing fee--Utility (Small

380 \1\ 345 Entity). 131 1.16(a)

Basic filing fee--Utility (CPA)....

760 \1\ 690 231 1.16(a)

Basic filing fee--Utility (CPA)

380 \1\ 345 (Small Entity). 102 1.16(b)

Independent claims in excess of

78 (\4\) three. 202 1.16(b)

Independent claims in excess of

39 (\4\) three (Small Entity). 103 1.16(c)

Claims in excess of twenty.........

18 (\4\) 203 1.16(c)

Claims in excess of twenty (Small

9 (\4\) Entity). 104 1.16(d)

Multiple dependent claim...........

260 (\4\) 204 1.16(d)

Multiple dependent claim (Small

130 (\4\) Entity). 105 1.16(e)

Surcharge--Late filing fee.........

130 (\4\) 205 1.16(e)

Surcharge--Late filing fee (Small

65 (\4\) Entity). 106 1.16(f)

Design filing fee..................

310 (\4\) 206 1.16(f)

Design filing fee (Small Entity)...

155 (\4\) 132 1.16(f)

Design filing fee (CPA)............

310 (\4\) 232 1.16(f)

Design filing fee (CPA) (Small

155 (\4\) Entity). 107 1.16(g)

Plant filing fee...................

480 (\4\) 207 1.16(g)

Plant filing fee (Small Entity)....

240 (\4\) 133 1.16(g)

Plant filing fee (CPA).............

480 (\4\) 233 1.16(g)

Plant filing fee (CPA) (Small

240 (\4\) Entity). 108 1.16(h)

Reissue filing fee.................

760 \1\ 690 208 1.16(h)

Reissue filing fee (Small Entity)..

380 \1\ 345 134 1.16(h)

Reissue filing fee (CPA)...........

760 \1\ 690 234 1.16(h)

Reissue filing fee (CPA) (Small

380 \1\ 345 Entity). 109 1.16(i)

Reissue independent claims.........

78 (\4\)

[Page 67778]

209 1.16(i)

Reissue independent claims (Small

39 (\4\) Entity). 110 1.16(j)

Reissue claims in excess of twenty.

18 (\4\) 210 1.16(j)

Reissue claims in excess of twenty

9 (\4\) (Small Entity). 114 1.16(k)

Provisional application filing fee.

150 (\4\) 214 1.16(k)

Provisional application filing fee

75 (\4\) (Small Entity). 127 1.16(l)

Surcharge--Late provisional filing

50 (\4\) fee. 227 1.16(l)

Surcharge--Late provisional filing

25 (\4\) fee (Small Entity). 115 1.17(a)(1)

Extension--First month.............

110 (\4\) 215 1.17(a)(1)

Extension--First month (Small

55 (\4\) Entity). 116 1.17(a)(2)

Extension--Second month............

380 (\4\) 216 1.17(a)(2)

Extension--Second month (Small

190 (\4\) Entity). 117 1.17(a)(3)

Extension--Third month.............

870 (\4\) 217 1.17(a)(3)

Extension--Third month (Small

435 (\4\) Entity). 118 1.17(a)(4)

Extension--Fourth month............ 1,360 (\4\) 218 1.17(a)(4)

Extension--Fourth month (Small

680 (\4\) Entity). 128 1.17(a)(5)

Extension--Fifth month............. 1,850 (\4\) 228 1.17(a)(5)

Extension--Fifth month (Small

925 (\4\) Entity). 119 1.17(b)

Notice of appeal...................

300 (\4\) 219 1.17(b)

Notice of appeal (Small Entity)....

150 (\4\) 120 1.17(c)

Filing a brief in support of an

300 (\4\) appeal. 220 1.17(c)

Filing a brief in support of an

150 (\4\) appeal (Small Entity). 121 1.17(d)

Request for oral hearing...........

260 (\4\) 221 1.17(d)

Request for oral hearing (Small

130 (\4\) Entity). 122 1.17(h)

Petition--Not all inventors........

130 (\4\) 122 1.17(h)

Petition--Correction of

130 (\4\) inventorship. 122 1.17(h)

Petition--Decision on questions....

130 (\4\) 122 1.17(h)

Petition--Suspend rules............

130 (\4\) 122 1.17(h)

Petition--Expedited license........

130 (\4\) 122 1.17(h)

Petition--Scope of license.........

130 (\4\) 122 1.17(h)

Petition--Retroactive license......

130 (\4\) 122 1.17(h)

Petition--Refusing maintenance fee.

130 (\4\) 122 1.17(h)

Petition--Refusing maintenance fee-- 130 (\4\) expired patent. 122 1.17(h)

Petition--Interference.............

130 (\4\) 122 1.17(h)

Petition--Reconsider interference..

130 (\4\) 122 1.17(h)

Petition--Late filing of

130 (\4\) interference. 122 1.20(b)

Petition--Correction of

130 (\4\) inventorship. 122 1.17(h)

Petition--Refusal to publish SIR...

130 (\4\) 122 1.17(i)

Petition--For assignment...........

130 (\4\) 122 1.17(i)

Petition--For application..........

130 (\4\) 122 1.17(i)

Petition--Late priority papers.....

130 (\4\) 122 1.17(i)

Petition--Suspend action...........

130 (\4\) 122 1.17(i)

Petition--Divisional reissues to

130 (\4\) issue separately. 122 1.17(i)

Petition--For interference

130 (\4\) agreement. 122 1.17(i)

Petition--Amendment after issue....

130 (\4\) 122 1.17(i)

Petition--Withdrawal after issue...

130 (\4\) 122 1.17(i)

Petition--Defer issue..............

130 (\4\) 122 1.17(i)

Petition--Issue to assignee........

130 (\4\) 122 1.17(i)

Petition--Accord a filing date

130 (\4\) under Sec. 1.53. 122 1.17(i)

Petition--Accord a filing date

130 (\4\) under Sec. 1.62. 122 1.17(i)

Petition--Make application special.

130 (\4\) 138 1.17(j)

Petition--Public use proceeding.... 1,510 (\4\) 139 1.17(k)

Non-English specification..........

130 (\4\) 140 1.17(l)

Petition--Revive unavoidably

110 (\4\) abandoned appl. 240 1.17(l)

Petition--Revive unavoidably

55 (\4\) abandoned appl. (Small Entity). 141 1.17(m)

Petition--Revive unintentionally

1,210 (\4\) abandoned appl. 241 1.17(m)

Petition--Revive unintent.

605 (\4\) abandoned appl. (Small Entity). 112 1.17(n)

SIR--Prior to examiner's action....

920 (\4\) 113 1.17(o)

SIR--After examiner's action....... 1,840 (\4\) 126 1.17(p)

Submission of an Information

240 (\4\) Disclosure Statement (Sec. 1.97). 123 1.17(q)

Petition--Correction of

50 (\4\) inventorship (prov. app.). 123 1.17(q)

Petition--Accord a filing date

50 (\4\) (prov. app.). 123 1.17(q)

Petition--Entry of submission after

50 (\4\) final rejection (prov. app.). 146 1.17(r)

Filing a submission after final

760 \2\ 690 rejection (1.129(a)). 246 1.17(r)

Filing a submission after final

380 \2\ 345 rejection (1.129(a)) (Small Entity). 149 1.17(s)

Per additional invention to be

760 \2\ 690 examined (1.129(b)). 249 1.17(s)

Per additional invention to be

380 \2\ 345 examined (1.129(b)) (Small Entity). 142 1.18(a)

Utility issue fee.................. 1,210 (\4\) 242 1.18(a)

Utility issue fee (Small Entity)...

605 (\4\) 143 1.18(b)

Design issue fee...................

430 (\4\) 243 1.18(b)

Design issue fee (Small Entity)....

215 (\4\) 144 1.18(c)

Plant issue fee....................

580 (\4\)

[Page 67779]

244 1.18(c)

Plant issue fee (Small Entity).....

290 (\4\) 561 1.19(a)(1)(i)

Patent copy........................

3 (\4\) 562 1.19(a)(1)(ii)

Patent copy, overnight delivery to

6 (\4\) PTO Box or overnight fax. 563 1.19(a)(1)(iii)

Patent copy, ordered by expedited

25 (\4\) mail or fax--exp. service. 564 1.19(a)(2)

Plant patent copy..................

15 (\4\) 565 1.19(a)(3)

Copy of utility patent or SIR in

25 (\4\) color. 566 1.19(b)(1)(ii)

Certified copy of patent

15 (\4\) application as filed. 567 1.19(b)(1)(ii)

Certified copy of patent

30 (\4\) application as filed, expedited. 568 1.19(b)(2)

Cert. or uncert. copy of patent-

150 (\4\) related file wrapper and contents. 569 1.19(b)(3)

Cert. or uncert. copy of document,

25 (\4\) unless otherwise provided. 570 1.19(b)(4)

For assignment records, abstract of

25 (\4\) title and certification. 571 1.19(c)

Library service....................

50 (\4\) 572 1.19(b)

List of U.S. patents and SIRs in

3 (\4\) subclass. 573 1.19(e)

Uncertified statement re status of

10 (\4\) maintenance fee payment. 574 1.19(f)

Copy of non-U.S. document..........

25 (\4\) 575 1.19(g)

Comparing and certifying copies,

25 (\4\) per document, per cpy. 576 1.19(h)

Duplicate or corrected filing

25 (\4\) receipt. 145 1.20(a)

Certificate of correction..........

100 (\4\) 147 1.20(c)

Filing a request for reexamination. 2,520 (\4\) 148 1.20(d)

Statutory disclaimer...............

110 (\4\) 248 1.20(d)

Statutory disclaimer (Small Entity)

55 (\4\) 183 1.20(e)

Maintenance fee--due at 3.5 years..

940 \1\ 830 283 1.20(e)

Maintenance fee--due at 3.5 years

470 \1\ 415 (Small Entity). 184 1.20(f)

Maintenance fee--due at 7.5 years.. 1,900 (\4\) 284 1.20(f)

Maintenance fee--due at 7.5 years

950 (\4\) (Small Entity). 185 1.20(g)

Maintenance fee--due at 11.5 years. 2,910 (\4\) 285 1.20(g)

Maintenance fee--due at 11.5 years 1,455 (\4\) (Small Entity). 186 1.20(h)

Surcharge--Late payment within 6

130 (\4\) months. 286 1.20(h)

Surcharge--Late payment within 6

65 (\4\) months (Small Entity). 187 1.20(i)(1)

Surcharge--Maintenance after

700 (\4\) expiration--unavoidable. 188 1.20(i)(2)

Surcharge--Maintenance after

1,640 (\4\) expiration--unintentional. 111 1.20(j)(1)

Extension of term of patent (1.740) 1,120 (\4\) 124 1.20(j)(2)

Initial application for interim

420 (\4\) extension (1.790). 125 1.20(j)(3)

Subsequent application for interim

220 (\4\) extension (1.790). 609 1.21(a)(1)(i)

Application fee (non-refundable)...

40 (\4\) 619 1.21(a)(1)(ii)

Registration examination fee.......

310 (\4\) 610 1.21(a)(2)

Registration to practice...........

100 (\4\) 611 1.21(a)(3)

Reinstatement to practice..........

40 (\4\) 612 1.21(a)(4)

Copy of certificate of good

10 (\4\) standing. 613 1.21(a)(4)

Certificate of good standing--

20 (\4\) suitable for framing. 615 1.21(a)(5)

Review of decision of Director,

130 (\4\) OED). 616 1.21(a)(6)(i)

Regrading of A.M. section (PTO

230 (\4\) Practice and Procedure). 620 1.21(a)(6)(ii)

Regrading of P.M. section (Claim

230 (\4\) Drafting). 607 1.21(b)(1)

Establish deposit account..........

10 (\4\) 608 1.21(b)(2)

Service charge for below minimum

25 (\4\) balance. 608 1.21(b)(3

Service charge for below minimum

25 (\4\) balance--restricted account. 577 1.21(c)

Disclosure document filing fee.....

10 (\4\) 578 1.21(d)

Local delivery box rental, annually

50 (\4\) 579 1.21(e)

International type search report...

40 (\4\) 580 1.21(g)

Self-service copy charge, per page.

.25 (\4\) 581 1.21(h)

Recording each patent assignment,

40 (\4\) per property. 583 1.21(i)

Publication in Official Gazette....

25 (\4\) 584 1.21(j)

Labor charges for services, per

40 (\4\) hour or fraction thereof. 585 1.21(k)

Unspecified other servies,

  (\5\) (\4\) excluding labor. 592 1.21(k)

APS-CSIR terminal session time, per

50 (\4\) hour. 586 1.21(l)

Retaining abandoned application....

130 (\4\) 617 1.21(m)

Processing returned checks.........

50 (\4\) 587 1.21(n)

Handling fee for incomplete or

130 (\4\) improper application. 588 1.21(o)

APS-Text terminal session time, per

40 (\4\) hour. 590 1.24

Coupons for patent and trademark

3 (\4\) copies. 589 1.296

Handling fees for withdrawal of SIR

130 (\4\) 150 1.445(a)(1)

Transmittal fee....................

240 (\4\) 153 1.445(a)(2)(i)

PCT search fee--prior U.S.

450 (\4\) application. 151 1.445(a)(2)(ii)

PCT search fee--no U.S. application

700 (\4\) 152 1.445(a)(3)

Supplemental search per additional

210 (\4\) invention. 190 1.482(a)(1)(i)

Preliminary examination fee--ISA

490 (\4\) was the U.S. 191 1.482(a)(1)(ii)

Preliminary examination fee--ISA

750 (\4\) not the U.S. 192 1.482(a)(2)(i)

Additional invention--ISA was the

140 (\4\) U.S. 193 1.482(a)(2)(ii)

Additional invention--ISA not the

270 (\4\) U.S. 956 1.492(a)(1)

IPEA-U.S...........................

670 (\4\) 957 1.492(a)(1)

IPEA-U.S. (Small Entity)...........

335 (\4\)

[Page 67780]

958 1.492(a)(2)

ISA-U.S............................

760 \1\ 690 959 1.492(a)(2)

ISA-U.S. (Small Entity)............

380 \1\ 345 960 1.492(a)(3)

PTO not ISA or IPEA................

970 (\4\) 961 1.492(a)(3)

PTO not ISA or IPEA (Small Entity).

485 (\4\) 962 1.492(a)(4)

Claims--IPEA.......................

96 (\4\) 963 1.492.(a)(4)

Claims--IPEA (Small Entity)........

48 (\4\) 970 1.492(a)(5)

Filing with EPO or JPO search

840 (\4\) report. 971 1.492(a)(5)

Filing with EPO or JPO search

420 (\4\) report (Small Entity). 964 1.492(b)

Claims--extra independent (over

78 (\4\) three). 965 1.492(b)

Claims--extra independent (over

39 (\4\) three) (Small Entity). 966 1.492(c)

Claims--extra total (over twenty)..

18 (\4\) 967 1.492(c)

Claims--extra total (over twenty)

9 (\4\) (Small Entity). 968 1.492(d)

Claims--multiple dependent.........

260 (\4\) 969 1.492(d)

Claims--multiple dependent (Small

130 (\4\) Entity). 154 1.492(e)

Surcharge..........................

130 (\4\) 254 1.492(e)

Surcharge (Small Entity)...........

65 (\4\) 156 1.492(f)

English translation after twenty or

130 (\4\) thirty months. 361 2.6(a)(1)

Application for registration, per

245 \2\ $325 class. 362 2.6(a)(2)

Amendment to Allege Use, per class.

100 (\4\) 363 2.6(a)(3)

Statement of Use, per class........

100 (\4\) 364 2.6(a)(4)

Extension for filing Statement of

100 \2\ 150 Use, per class. 365 2.6(a)(5)

Application for renewal, per class.

300 \2\ 400 366 2.6(a)(6)

Additional fee for late renewal,

100 (\4\) per class. 367 2.6(a)(7)

Publication of mark under Sec.

100 (\4\) 12(c), per class. 368 2.6(a)(8)

Issuing new certificate of

100 (\4\) registration. 369 2.6(a)(9)

Certificate of correction,

100 (\4\) registrant's error. 370 2.6(a)(10)

Filing disclaimer to registration..

100 (\4\) 371 2.6(a)(11)

Filing amendment to registration...

100 (\4\) 372 2.6(a)(12)

Filing section 8 affidavit, per

100 (\4\) class. 373 2.6(a)(13)

Filing section 15 affidavit, per

100 \2\ 200 class. 381 2.6(a)(14)

Filing a section 8 affidavit during (\4\) \3\ 100 the grace period, per class. 375 2.6(a)(15)

Petition to the Commissioner.......

100 (\4\) 376 2.6(a)(16)

Petition for cancellation, per

200 \2\ 300 class. 377 2.6(a)(17)

Notice of opposition, per class....

200 \2\ 300 378 2.6(a)(18)

Ex parte appeal, per class.........

100 (\4\) 379 2.6(a)(19)

Dividing an application, per new

100 (\4\) application created. 382 2.6(a)(20)

Correcting a deficiency in a

  (\4\) \3\ 100 section 8 affidavit. 380 2.6(a)(21)

Correcting a deficiency in a

  (\4\) \3\ 100 renewal application. 461 2.6(b)(1)(i)

Copy of registered mark............

3 (\4\) 462 2.6(b)(1)(ii)

Copy of registered mark, overnight

6 (\4\) delivery to PTO box or fax. 463 2.6(b)(1)(iii)

Copy of reg. mark ordered by exp.

25 (\4\) mail or fax, exp. service. 466 2.6(b)(2)(i)

Certified copy of trademark

15 (\4\) application as filed. 467 2.6(b)(2)(ii)

Certified copy of trademark

30 (\4\) application as filed, expedited. 468 2.6(b)(3)

Cert. or uncert. copy of TM-related

50 (\4\) file wrapper and contents. 464 2.6(b)(4)(i)

Cert. copy of registered mark, with

15 (\4\) title or status. 465 2.6(b)(4)(ii)

Cert. copy of registered mark, with

30 (\4\) title or status--expedited. 469 2.6(b)(5)

Certified or uncertified copy of

25 (\4\) trademark document. 481 2.6(b)(6)

Recording trademark property, per

40 (\4\) mark, per document. 482 2.6(b)(6)

For second and subsequent marks in

25 (\4\) the same document. 470 2.6(b)(7)

For assignment records, abstracts

25 (\4\) of title and certification. 488 2.6(b)(8)

X-SEARCH terminal session time, per

40 (\4\) hour. 480 2.6(b)(9)

Self-service copy charge, per page. 0.25 (\4\) 484 2.6(b)(10)

Labor charges for services, per

40 (\4\) hour or fraction thereof. 485 2.6(b)(11)

Unspecified other services,

  (\5\) (\4\) excluding labor. 650 2.7(a)

Recordal application fee...........

20 (\4\) 651 2.7(b)

Renewal application fee............

20 (\4\) 652 2.7(c)

Late fee for renewal application...

20 (\4\)

\1\ Fees effective on December 29, 1999. \2\ Fees effective on January 10, 2000. \3\ Fees effective on 10/30/99due to Trademark Law Treaty Implementation Act of 1998 (Pub. L. 105-330). \4\ Fees remain at FY 1999 amount. \5\ Actual cost.

[Page 67781]

FR Doc. 99-31373Filed12-2-99; 8:45 amBILLING CODE 3510-16-P

---