Setting and Adjusting Patent Fees During Fiscal Year 2020

Published date18 September 2020
Citation85 FR 58282
Record Number2020-20634
SectionRules and Regulations
CourtPatent And Trademark Office
Federal Register, Volume 85 Issue 182 (Friday, September 18, 2020)
[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
                [Rules and Regulations]
                [Pages 58282-58283]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-20634]
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                DEPARTMENT OF COMMERCE
                Patent and Trademark Office
                37 CFR Parts 1, 11, 41, and 42
                [Docket No. PTO-P-2018-0031]
                RIN 0651-AD31
                Setting and Adjusting Patent Fees During Fiscal Year 2020
                AGENCY: United States Patent and Trademark Office, Department of
                Commerce.
                ACTION: Final rule; correction.
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                SUMMARY: The United States Patent and Trademark Office (Office or
                USPTO) makes corrections to a final rule that set or adjusted patent
                fees that was published on August 3, 2020. This rule fixes
                typographical errors and makes other nonsubstantive changes to improve
                clarity in the regulations.
                DATES: This correction is effective October 2, 2020.
                FOR FURTHER INFORMATION CONTACT: Brendan Hourigan, Director of the
                Office of Planning and Budget, by telephone at 571-272-8966; or Dianne
                Buie, Director, Forecasting and Analysis Division, by telephone at 571-
                272-6301.
                SUPPLEMENTARY INFORMATION:
                Rulemaking Considerations
                 A. Administrative Procedure Act: This rulemaking corrects
                typographical and format errors in a rulemaking setting and adjusting
                patent fees. The changes in this rulemaking involve rules of agency
                practice and procedure and/or interpretive rules. See Perez v. Mortg.
                Bankers Ass'n, 135 S. Ct. 1199, 1204 (2015) (Interpretive rules
                ``advise the public of the agency's construction of the statutes and
                rules which it administers.'' (citation and internal quotation marks
                omitted)); Nat'l Org. of Veterans' Advocates v. Sec'y of Veterans
                Affairs, 260 F.3d 1365, 1375 (Fed. Cir. 2001) (rule that clarifies
                interpretation of a statute is interpretive); Bachow Commc'ns Inc. v.
                FCC, 237 F.3d 683, 690 (D.C. Cir. 2001) (Rules governing an application
                process are procedural under the Administrative Procedure Act.); Inova
                Alexandria Hosp. v. Shalala, 244 F.3d 342, 350 (4th Cir. 2001) (Rules
                for handling appeals were procedural where they did not change the
                substantive standard for reviewing claims.).
                 Accordingly, prior notice and opportunity for public comment for
                the changes in this rulemaking are not required pursuant to 5 U.S.C.
                553(b) or (c), or any other law. See Perez, 135 S. Ct. at 1206 (Notice
                and comment procedures are required neither when an agency ``issue[s]
                an initial interpretive rule'' nor ``when it amends or repeals that
                interpretive rule.''); Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1336-
                37 (Fed. Cir. 2008) (stating that 5 U.S.C. 553, and thus 35 U.S.C.
                2(b)(2)(B), do not require notice and comment rulemaking for
                ``interpretative rules, general statements of policy, or rules of
                agency organization, procedure, or practice'' (quoting 5 U.S.C.
                553(b)(A))).
                 The 30-day delay in effectiveness is not applicable because this
                rule is not a substantive rule, as the changes in this rule have no
                impact on the standard for reviewing patent applications. As discussed
                above, the changes in this rulemaking involve correcting typographic
                errors in the final rule published on August 3, 2020. These changes are
                administrative in nature and will have no substantive impact on the
                evaluation of a patent application. The purpose of a delay in
                effectiveness is to allow affected parties time to modify their
                behaviors, businesses, or practices to come into compliance with new
                regulations. This rule imposes no additional requirements on the
                affected entities. Therefore, the requirement for a 30-day delay in
                effectiveness is not applicable, and the rule is made effective on
                October 2, 2020.
                 B. Regulatory Flexibility Act: As prior notice and an opportunity
                for public comment are not required pursuant to 5 U.S.C. 553 or any
                other law, neither a Regulatory Flexibility Act analysis nor a
                [[Page 58283]]
                certification under the Regulatory Flexibility Act (5 U.S.C. 601 et
                seq.) is required. See 5 U.S.C. 603.
                 C. Executive Order 12866 (Regulatory Planning and Review): This
                rulemaking has been determined to be not significant for purposes of
                Executive Order 12866 (Sept. 30, 1993).
                 D. Executive Order 13771 (Reducing Regulation and Controlling
                Regulatory Costs): This rule is not an Executive Order 13771 regulatory
                action because this rule is not significant.
                Corrections
                 In FR Doc. 2020-16559, appearing on page 46932 in the Federal
                Register of Monday, August 3, 2020, the following corrections are made:
                0
                1. On page 46975, in the first column, the first sentence under the
                heading ``Section 1.21'' is revised to read ``Section 1.21 is amended
                by revising paragraphs (a)(1), (2), and (5), (a)(9)(ii), and (a)(10),
                (k), (n), (o), and (q) to set forth miscellaneous fees and charges as
                authorized under section 10 of the Act.''
                0
                2. On page 46979, in the first column, the text reading ``[INSERT DATE
                60 DAYS AFTER DATE OF PUBLICATION IN THE Federal Register]'' is revised
                to read ``October 2, 2020''.
                Sec. 1.17 [Corrected]
                0
                3. In the amendment to Sec. 1.17:
                0
                a. On page 46987, in the first column, in paragraph (a)(2), in Table 2
                to Paragraph (a)(2), the second entry in the second column, ``320.0'',
                is corrected to read ``320.00''.
                0
                b. On page 46987, in the second column, paragraph (f) introductory text
                is corrected to read ``(f) For filing a petition under one of the
                following sections that refers to this paragraph (f):''.
                0
                c. On page 46987, in the second column, paragraph (f) is corrected by
                adding periods at the end of each item listed below Table 10 to
                Paragraph (f).
                0
                d. On page 46987, in the second column and continuing into the third
                column, paragraph (g) is corrected by adding periods at the end of each
                item listed below Table 11 to Paragraph (g).
                0
                e. On page 46987, in the third column, paragraph (i)(2) introductory
                text is corrected to read ``(2) For taking action under one of the
                following sections that refers to this paragraph (i)(2):''.
                0
                f. On page 46987, in the third column, paragraph (i)(2) is corrected by
                adding periods at the end of each item listed below Table 14 to
                Paragraph (i)(2).
                0
                g. On page 46988, in the first column, paragraph (q) introductory text
                is corrected to read: ``(q) Processing fee for taking action under one
                of the following sections that refers to this paragraph (q): $50.00.''.
                0
                h. On page 46988, in the first column, paragraph (q) is corrected by
                adding periods at the end of each item listed after the introductory
                text.
                Sec. 1.18 [Corrected]
                0
                4. On page 46988, in the second column, in Sec. 1.18, paragraphs
                (d)(3), (e), and (f) are corrected to read as follows:
                Sec. 1.18 Patent post allowance (including issue) fees.
                * * * * *
                 (d) * * *
                (3) Republication fee (Sec. 1.221(a))................. $320.00
                (e) For filing an application for patent term adjustment 210.00
                 under Sec. 1.705.....................................
                (f) For filing a request for reinstatement of all or 420.00
                 part of the term reduced pursuant to Sec. 1.704(b) in
                 an application for a patent term adjustment under Sec.
                 1.705.................................................
                
                Sec. 1.20 [Corrected]
                0
                5. In the amendments to Sec. 1.20:
                0
                a. On page 46988, in the third column, paragraphs (c)(1)(i)(A) through
                (D) and (c)(1)(ii)(A) are corrected by adding a semicolon at the end of
                each paragraph.
                0
                b. On page 46988, in the third column, paragraph (c)(1)(i)(E) is
                corrected to read ``(E) Margins that conform to the requirements of
                Sec. 1.52(a)(1)(ii); and''.
                0
                c. On page 46988, in the third column, paragraph (c)(1)(i)(F) is
                corrected by adding a period at the end of the paragraph.
                0
                d. On page 46988, in the third column, paragraph (c)(1)(ii)(B) is
                corrected to read ``The copy of the entire patent for which
                reexamination is requested pursuant to Sec. 1.510(b)(4); and''.
                0
                e. On page 46988, in the third column, paragraph (c)(1)(ii)(C) is
                corrected by adding a period at the end of the paragraph.
                0
                f. On page 46989, in the first column, in paragraph (c)(7), Table 6 to
                Paragraph (c)(7) is revised to read as follows:
                 Table 6 to Paragraph (c)(7)
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                By a micro entity (Sec. 1.29)......................... $945.00
                By a small entity (Sec. 1.27(a))...................... 1,890.00
                By other than a small or micro entity................... 3,780.00
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                0
                6. On page 46989, in the third column, amendatory instruction 7 is
                corrected by removing instruction 7c and redesignating instructions 7d
                through f as instructions 7c through e.
                0
                7. On page 46991, in the first column, in Sec. 1.445, paragraph (a)(6)
                is corrected to read:
                Sec. 1.445 International application filing, processing and search
                fees.
                 (a) * * *
                 (6) Late payment fee pursuant to PCT Rule 16bis.2.
                * * * * *
                 Dated: September 14, 2020.
                Andrei Iancu,
                Under Secretary of Commerce for Intellectual Property and Director of
                the United States Patent and Trademark Office.
                [FR Doc. 2020-20634 Filed 9-17-20; 8:45 am]
                BILLING CODE 3510-16-P
                

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