[Federal Register Volume 60, Number 155 (Friday, August 11, 1995)]
[Rules and Regulations]
[Pages 41018-41027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19763]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 1, 2, and 7
[Docket No. 950501124-5185-02]
RIN 0651-AA74
Revision of Patent and Trademark Fees
AGENCY: Patent and Trademark Office, Commerce.
ACTION: Final rule.
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SUMMARY: The Patent and Trademark Office (PTO) is amending the rules of
practice in patent and trademark cases, Parts 1, 2 and 7 of title 37,
Code of Federal Regulations, to adjust certain patent and trademark fee
amounts to reflect fluctuations in the Consumer Price Index (CPI) and
to recover costs of operation, and is amending the requirements for
recording documents on the Government Register. This rule also includes
information relating to the availability of patent and trademark
information products provided by the PTO.
EFFECTIVE DATE: October 1, 1995.
FOR FURTHER INFORMATION CONTACT:
Robert Kopson by telephone at (703) 305-8510, fax at (703) 305-8525, or
by mail marked to his attention and addressed to the Commissioner of
Patents and Trademarks, Washington, D.C. 20231.
SUPPLEMENTARY INFORMATION: This rule change is designed to adjust PTO
fees in accordance with the applicable provisions of title 35, United
States Code; section 31 of the Trademark (Lanham) Act of 1946 (15
U.S.C. 1113); and section 10101 of the Omnibus Budget Reconciliation
Act of 1990 (as amended by section 8001 of Public Law 103-66), all as
amended by the Patent and Trademark Office Authorization Act of 1991
(Pub. L. 102-204).
[[Page 41019]]
The cover sheet referenced in 37 CFR 7.1(c) must be in a format
approved by the Office. The Office of Public Records will maintain a
list of approved formats that will meet this requirement. Contact the
Office of Public Records at (703) 308-9743 regarding specific questions
relating to this requirement and to seek approval of additional
formats.
Background
Statutory Provisions
Patent fees are authorized by 35 U.S.C. 41 and 35 U.S.C. 376. A
fifty percent reduction in the fees paid under 35 U.S.C. 41(a) and (b)
by independent inventors, small business concerns, and nonprofit
organizations who meet prescribed definitions is required by 35 U.S.C.
41(h).
Subsection 41(f) of title 35, United States Code, provides that
fees established under 35 U.S.C. 41(a) and (b) may be adjusted on
October 1, 1992, and every year thereafter, to reflect fluctuations in
the Consumer Price Index (CPI) over the previous 12 months.
Section 10101 of the Omnibus Budget Reconciliation Act of 1990
(amended by section 8001 of Pub. L. 103-66) provides that there shall
be a surcharge on all fees established under 35 U.S.C. 41(a) and (b) to
collect $111 million in fiscal year 1996.
Subsection 41(d) of title 35, United States Code, authorizes the
Commissioner to establish fees for all other processing, services, or
materials related to patents to recover the average cost of providing
these services or materials, except for the fees for recording a
document affecting title, for each photocopy, and for each black and
white copy of a patent.
Section 376 of title 35, United States Code, authorizes the
Commissioner to set fees for patent applications filed under the Patent
Cooperation Treaty (PCT).
Subsection 41(g) of title 35, United States Code, provides that new
fee amounts established by the Commissioner under section 41 may take
effect thirty days after notice in the Federal Register and the
Official Gazette of the Patent and Trademark Office.
Section 31 of the Trademark (Lanham) Act of 1946, as amended (15
U.S.C. 1113), authorizes the Commissioner to establish fees for the
filing and processing of an application for the registration of a
trademark or other mark, and for all other services and materials
relating to trademarks and other marks.
Section 31(a) of the Trademark (Lanham) Act of 1946 (15 U.S.C.
1113(a)), as amended, allows trademark fees to be adjusted once each
year to reflect, in the aggregate, any fluctuations during the
preceding 12 months in the CPI.
Section 31 also allows new trademark fee amounts to take effect
thirty days after notice in the Federal Register and the Official
Gazette of the United States Patent and Trademark Office.
Recovery Level Determinations
This rule adjusts patent and trademark fees for a planned recovery
of $643,014,000 in fiscal year 1996, as proposed in the
Administration's budget request to the Congress.
The patent statutory fees established by 35 U.S.C. 41(a) and (b)
are being adjusted on October 1, 1995, to reflect any fluctuations
occurring during the previous 12 months in the Consumer Price Index
(CPI-U). In calculating these fluctuations, the Office of Management
and Budget (OMB) has determined that the PTO should use CPI-U data as
determined by the Secretary of Labor. However, the Department of Labor
does not make public the CPI-U until approximately 21 days after the
end of the month being calculated. Therefore, the latest CPI-U
information available is for the month of May 1995. In accordance with
previous rulemaking methodology, the PTO uses the Administration's
projected CPI-U for the 12-month period ending September 30, 1995,
which is 3.2 percent. Based on this projection, patent statutory fees
will be adjusted by 3.2 percent. Before the final fee schedule is
published, the fees may be slightly adjusted based on actual data
available from the Department of Labor.
Certain non-statutory patent processing fees established under 35
U.S.C. 41(d) and PCT processing fees established under 35 U.S.C. 376
are being adjusted to recover their estimated average costs in fiscal
year 1996. Three patent service fees that are set by statute will not
be adjusted. The three fees that are not being adjusted are assignment
recording fees, printed patent copy fees and photocopy charge fees.
Certain trademark service fees established under 15 U.S.C. 1113 are
being adjusted to recover their estimated average costs in fiscal year
1996.
The fee amounts were rounded by applying standard arithmetic rules
so that the amounts rounded would be convenient to the user. Fees of
$100 or more were rounded to the nearest $10. Fees between $2 and $99
were rounded to an even number so that the comparable small entity fee
would be a whole number.
Workload Projections
Determination of workloads varies by fee. Principal workload
projection techniques are as follows:
Patent application workloads are projected from statistical
regression models using recent application filing trends. Patent issues
are projected from an in-house patent production model and reflect
examiner production achievements and goals. Patent maintenance fee
workloads utilize patents issued 3.5, 7.5 and 11.5 years prior to
payment and assume payment rates of 79 percent, 55 percent and 32
percent, respectively. Service fee workloads follow linear trends from
prior years' activities.
General Procedures
Any fee amount that is paid on or after the effective date of the
fee increase would be subject to the new fees then in effect. For
purposes of determining the amount of the fee to be paid, the date of
mailing indicated on a proper Certificate of Mailing or Transmission,
where authorized under 37 CFR 1.8, will be considered to be the date of
receipt in the PTO. A Certificate of Mailing or Transmission under
Section 1.8 is not ``proper'' for items which are specifically excluded
from the provisions of Section 1.8. Section 1.8 should be consulted for
those items for which a Certificate of Mailing or Transmission is not
``proper.'' Such items include, inter alia, the filing of national and
international applications for patents and the filing of trademark
applications. However, the provisions of 37 CFR 1.10 relating to filing
papers and fees with an ``Express Mail'' certificate do apply to any
paper or fee (including patent and trademark applications) to be filed
in the PTO. If an application or fee is filed by ``Express Mail'' with
a proper certificate dated on or after the effective date of the rules,
as amended, the amount of the fee to be paid would be fee established
by the amended rules.
A notice of final rulemaking was published at 60 FR 20195 (April
25, 1995) wherein several new fee provisions were made to implement the
20-year patent term and provisional applications. Language changes were
made in 37 CFR 1.16 (a), (b), (d), (f), and (g) which are reproduced in
this final rule package. In addition, fees involving 37 CFR 1.17 (r)
and (s) are being adjusted by changes in the CPI to remain equal to the
basic filing fee for a utility patent application.
PTO Information Dissemination Products
The PTO provides information to the public in the Patent Search
Room and
[[Page 41020]]
the Trademark Search Library in Arlington, Virginia, and at 78 Patent
and Trademark Depository Libraries around the country. A list of the
libraries is included in each issue of the Official Gazette of the
Patent and Trademark Office. In addition, a number of patent and
trademark search tools and document-delivery products, published on
paper and on various machine-readable media, are sold directly to the
public.
Printed PTO publications may be ordered from the Government
Printing Office (GPO) or one of its Book Stores located throughout the
country. A list of patent and trademark-related publications with
current prices and ordering information is available from the GPO
(Subject Bibliography SB 021). Superintendent of Documents, P.O. Box
371984, Pittsburgh, PA 15250-7954, Voice: 202-512-1800, Fax: 202-512-
2250.
Machine-readable publications, including magnetic tapes and CD-
ROMs, may be ordered directly from the PTO. A printed catalog of
machine-readable products, including current prices and ordering
information, is available from the Office of Information Products
Development. US Patent and Trademark Office, Office of Information
Products Development, Crystal Park 3, Room 412, Washington, DC 20231,
Voice: 703-308-0322, Fax: 703-308-0493.
The catalog of machine-readable products is published in the
Official Gazette of the Patent and Trademark Office in late December
each year and may also be viewed on, or downloaded from, the PTO
electronic bulletin board (703-305-8950, 8/no/1) or from the PTO's home
page on the Internet
(http://www.uspto.gov/).
In order to ensure clarity in the implementation of the new fees, a
discussion of specific sections is set forth below.
Discussion of Specific Rules
37 CFR 1.16 National Application Filing Fees
Section 1.16, paragraphs (a), (b), (d), and (f)-(i), is revised to
adjust fees established therein to reflect fluctuations in the CPI.
Section 1.16, paragraphs (a), (b), (d), and (g) include language
changes relating to provisional patent applications (see 60 FR 20195,
dated April 25, 1995).
37 CFR 1.17 Patent Application Processing Fees
Section 1.17, paragraphs (b)-(g) (m), (r), and (s), is revised to
adjust fees established therein to reflect fluctuations in the CPI.
Section 1.17, paragraphs (j) and (n)-(p), is revised to adjust fees
established therein to recover costs.
37 CFR 1.18 Patent Issue Fees
Section 1.18, paragraphs (a)-(c), is revised to adjust fees
established therein to reflect fluctuations in the CPI.
37 CFR 1.19 Document Supply Fees
Section 1.19, paragraphs (a)(1)(ii) and (a)(1)(iii) is revised to
amend the language to reflect the PTO's most recent business practices.
Section 1.19, paragraph (b)(1), is revised to adjust fees
established therein to reflect fluctuations in the CPI.
37 CFR 1.20 Post-Issuance Fees
Section 1.20, paragraphs (c), (i), and (j), is revised to adjust
fees established therein to recover costs.
Section 1.20, paragraphs (e)-(g), is revised to adjust fees
established therein to reflect fluctuations in the CPI.
37 CFR 1.21 Miscellaneous Fees and Charges
Section 1.21, paragraph (a)(1), is revised to adjust fees
established therein to recover costs.
37 CFR 1.445 International Application Filing, Processing, and Search
Fees
Section 1.445, paragraph (a), is revised to adjust the fees
authorized by 35 U.S.C. 376 to recover costs.
37 CFR 1.482 International Preliminary Examination Fees
Section 1.482, paragraphs (a)(1)(i), (a)(1)(ii), and (a)(2)(ii), is
revised to adjust the fees authorized by 35 U.S.C. 376 to recover
costs.
37 CFR 1.492 National Stage Fees
Section 1.492, paragraphs (a), (b) and (d), is revised to adjust
fees established therein to reflect fluctuations in the CPI.
37 CFR 2.6 Trademark Fees
Section 2.6, paragraphs (b)(1)(ii) and (b)(1)(iii), is revised to
amend the language to reflect the PTO's most recent business practices.
Section 2.6, paragraph (b)(2), is revised to adjust fees therein to
recover costs.
37 CFR 7.1 Requirements
Section 7.1, is revised to designate the current language as
paragraph (a), and to add new paragraphs (b)-(j) to clarify that the
requirements for patent and patent application assignment documents,
including the requirement for the fee set forth in Sec. 1.21(h),
submitted for recording also apply to instruments submitted for
recording on the Government Register. Sections 7.1(b)-(d) and (f)-(i)
contain language similar to that in Secs. 3.21, 3.28, 3.31, 3.34, 3.26,
3.27, and 3.41, respectively.
Section 7.1(b), is added to provide that an instrument relating to
a patent must identify the patent by the patent number, that an
instrument relating to a national patent application must identify the
national patent application by the application number (consisting of
the series code and the serial number, e.g., 07/123,456) or the serial
number and filing date, that an instrument relating to an international
patent application which designates the United States of America must
identify the international application by the international application
number (e.g., PCT/US90/01234), and that if an assignment is executed
concurrently with, or subsequent to, the execution of the patent
application, but before the patent application is filed, it must
identify the patent application by its date of execution, name of each
inventor, and title of the invention so that there can be no mistake as
to the patent application intended.
Section 7.1(c), is added to provide that each instrument submitted
to the PTO for recording must be accompanied by a cover sheet referring
to those patent applications and patents against which the instrument
is to be recorded, that one set of instruments and cover sheets to be
recorded should be filed, and that if an instrument to be recorded is
not accompanied by a completed cover sheet, the instrument and any
incomplete cover sheet will be returned for proper completion of a
cover sheet and resubmission of the instrument and a completed cover
sheet.
Section 7.1(d), is added to provide that each cover sheet must
contain: (1) the name of the party conveying the interest; (2) the name
and address of the party receiving the interest; (3) a description of
the interest conveyed or transaction to be recorded; (4) each
application number or patent number against which the instrument is to
be recorded, or an indication that the instrument is filed together
with a patent application; (5) the name and address of the party to
whom correspondence concerning the request to record the instrument
should be mailed; (6) the number of applications or patents identified
in the cover sheet and the total fee; (7) the date the instrument was
executed; (8) a statement by the party submitting the instrument that
to the best of the person's knowledge and belief, the information
contained on the cover
[[Page 41021]]
sheet is true and correct and any copy submitted is a true copy of the
original instrument; and (9) the signature of the party submitting the
instrument.
Section 7.1(e), is added that each patent cover sheet required by
paragraph (c) of this section seeking to record a governmental interest
as provided by paragraph (a) of this section must: (1) indicate that
the instrument is to be recorded on the governmental register, and, if
applicable, that the instrument is to be recorded on the Secret
Register. See Sec. 7.7, and (2) indicate, if applicable, that the
instrument to be recorded is not an instrument affecting title. See
paragraph (j) of this section.
Section 7.1(f), is added to provide for the correction of errors in
the cover sheet. Specifically, Sec. 7.1(e), provides that an error in a
cover sheet recorded pursuant to this Part will be corrected only if:
(1) the error is apparent when the cover sheet is compared with the
recorded instrument to which it pertains, and (2) a corrected cover
sheet accompanied by the recording fee set forth in paragraph (i) of
this section and either the original recorded instrument or a copy of
the original recorded instrument is filed for recordation.
Section 7.1(g), is added to provide that the Office will accept and
record non-English language instruments only if accompanied by a
verified English translation signed by the individual making the
translation.
Section 7.1(h), is added to provide that instruments and cover
sheets to be recorded should be addressed to the Commissioner of
Patents and Trademarks, Box Assignment, Washington, D.C. 20231.
Section 7.1(i) is added to provide that all requests, except as
provided by paragraph (j) of this section, to record instruments must
be accompanied by the recording fee set forth in Sec. 1.21(h) of this
chapter, and that the fee set forth in Sec. 1.21(h) of this chapter is
required for each application and patent against which the instrument
is recorded as identified in the cover sheet.
Section 7.1(j), is added to provide that no fee is required for
each patent application and patent against which an instrument required
by Executive Order 9424 (3 CFR 1943-1948 Comp.) to be filed if: (1) the
instrument does not affect title and is so identified in the cover
sheet (see paragraph (e) of this section); and (2) the cover sheet is
filed in a format approved by the Office.
Response to Comments on the Rules
A notice of proposed rulemaking to adjust certain patent and
trademark fee amounts and to amend the requirements for recording an
assignment to apply to documents forwarded for recording on the
Government Register was published in the Federal Register on May 26,
1995, at 60 FR 27934, and in the Official Gazette of the United States
Patent and Trademark Office on May 30, 1995, at 1174 OG 134.
A public hearing was held June 29, 1995. Nine comments were
received and considered in adopting the rules set forth herein. No oral
testimony was presented.
Comment: Two respondents stated that the proposed inflationary
increase of patent and trademark fees is unnecessary because the PTO is
already operating at a surplus.
Response: Current PTO resources include carryover funds from fiscal
year 1994. These carryover funds are partly unobligated balances to be
carried forward, but primarily advanced fee payments for work to be
done in fiscal year 1995. Furthermore, this carryover includes fee
income generated from trademark-related products and services which,
according to 35 U.S.C. 42(c), may be used only for trademark-related
activities. Therefore, to recover all costs associated with the
processing of patent applications, and to remain consistent with the
current rate of inflation, the PTO is increasing certain patent fees by
3.2 percent as authorized by 35 U.S.C. 41(f).
In addition, two trademark service fees were proposed to be
increased. The adopted fee amounts will recover the average cost of
providing the service as authorized by 35 U.S.C. 41(d), and will also
remain consistent with the equivalent patent service fee amounts.
Comments: Seven respondents objected to the proposal to amend the
requirements for recording an assignment to apply to documents
forwarded for recording on the Government Register. The respondents
stated that not only are Government agencies required by Executive
Order 9424 to forward an assignment to the PTO for recordation, but
also the PTO lacks the authority under Title 35 of the United States
Code to impose a fee for recording an assignment on the Government
Register.
Response: 35 U.S.C. 41(d)(1) provides that the Commissioner shall
charge a fee of $40 per property for recording any document affecting
title. An assignment is a document affecting title. Therefore, the
Office must require a $40 recording fee for recording any assignment,
even those being recorded on the Government Register. If a document to
be recorded on the Government Register does not affect title and if it
is accompanied by the appropriate cover sheet, then no fee is required.
Other Considerations
This final rule change is in conformity with the requirements of
Executive Order 12612, and the Paperwork Reduction Act of 1980, 44
U.S.C. 3501, et seq. This rulemaking contains no information collection
within the meaning of the Paperwork Reduction Act. This final rule has
been determined not to be significant for purposes of Executive Order
12866.
The PTO has determined that this final rule change has no
Federalism implications affecting the relationship between the National
Government and the States as outlined in Executive Order 12612.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce has certified to the Chief Counsel for Advocacy,
Small Business Administration, that the final rule change would not
have a signficiant impact on a substantial number of small entities
(Regulatory Flexibility Act, Pub. L. 96-354). The final rule change
increases fees to reflect the change in the CPI as authorized by 35
U.S.C. 42(f). Further, the principal impact of the major patent fees
has already been taken into account in 35 U.S.C. 41(h), which provides
small entities with a 50-percent reduction in the major patent fees.
A comparison of existing and new fee amounts is included as an
Appendix to this notice of final rulemaking.
Lists of Subjects
37 CFR Part 1
Administrative practice and procedure, Inventions and patents,
Reporting and record keeping requirements, Small businesses.
37 CFR Part 2
Administrative practice and procedure, Courts, Lawyers, Trademarks.
37 CFR Part 7
Administrative practice and procedure, Inventions, and patents,
Reporting and record keeping requirements.
For the reasons set forth in the preamble, the PTO is amending
title 37 of the Code of Federal Regulations, Chapter 1, Part 1, as set
forth below.
PART 1--RULES OF PRACTICE IN PATENT CASES
1. The authority citation for 37 CFR Part 1 would continue to read
as follows:
[[Page 41022]]
Authority: 35 U.S.C. 6, unless otherwise noted.
2. Section 1.16 is amended by revising paragraphs (a), (b), (d),
and (f) through (i), 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))
$375.00
By other than a small entity
$750.00
(b) In addition to the basic filing fee in an original
application, except provisional applications, for filing or later
presentation of each independent claim in excess of 3:
By a small entity (Sec. 1.9(f))
$39.00
By other than a small entity
$78.00
* * * * *
(d) In addition to the basic filing fee in an original
application, except provisional applications, if the application
contains, or is amended to contain, a multiple dependent claim(s),
per application:
By a small entity (Sec. 1.9(f))
$125.00
By other than a small entity
$250.00
(If the additional fees required by paragraphs (b), (c), and (d) of
this section are not paid on filing or on later presentation of the
claims for which the additional fees are due, they must be paid or
the claims canceled by amendment prior to the expiration of the time
period set for response by the Office in any notice of fee
deficiency.)
* * * * *
(f) Basic fee for filing each design application:
By a small entity (Sec. 1.9(f))
$155.00
By other than a small entity
$310.00
(g) Basic fee for filing each plant application, except
provisional applications:
By a small entity (Sec. 1.9(f))
$255.00
By other than a small entity
$510.00
(h) Basic fee for filing each reissue application:
By a small entity (Sec. 1.9(f))
$375.00
By other than a small entity
$750.00
(i) In addition to the basic filing fee in a reissue
application, for filing or later presentation of each independent
claim which is in excess of the number of independent claims in the
original patent:
By a small entity (Sec. 1.9(f))
$39.00
By other than a small entity
$78.00
* * * * *
3. Section 1.17 is amended by revising paragraphs (b) through (g),
(j), (m) through (p), (r), and (s) to read as follows:
Sec. 1.17 Patent application processing fees.
* * * * *
(b) Extension fee for response within second month pursuant to
Sec. 1.136(a):
By a small entity (Sec. 1.9(f))
$190.00
By other than a small entity
$380.00
(c) Extension fee for response within third month pursuant to
Sec. 1.136(a):
By a small entity (Sec. 1.9(f))
$450.00
By other than a small entity
$900.00
(d) Extension fee for response within fourth month pursuant to
Sec. 1.136(a)
By a small entity (Sec. 1.9(f))
$700.00
By other than a small entity
$1,400.00
(e) For filing a notice of appeal from the examiner to the Board
of Patent Appeals and Interferences:
By a small entity (Sec. 1.9(f))
$145.00
By other then a small entity
$290.00
(f) In addition to the fee for filing a notice of appeal, for
filing a brief in support of an appeal:
By a small entity (Sec. 1.9(f))
$145.00
By other than a small entity
290.00
(g) For filing a request for an oral hearing before the Board of
Patent Appeals and Interferences in an appeal under 35 U.S.C. 134:
By a small entity (Sec. 1.9(f))
$125.00
By other than a small entity
$250.00
* * * * *
(j) For filing a petition to institute a public use proceeding
under
Sec. 1.292
$1,430.00
* * * * *
(m) For filing a petition:
(1) For revival of an unintentionally abandoned application, or
(2) For the unintentionally delayed payment of the fee for
issuing a patent:
By a small entity (Sec. 1.9(f))
$625.00
By other than a small entity
$1,250.00
(n) For requesting publication of a statutory invention
registration prior to the mailing of the first examiner's action
pursuant to Sec. 1.104--$870.00 reduced by the amount of the
application basic filing fee paid.
(o) For requesting publication of a statutory invention
registration after the mailing of the first examiner's action
pursuant to Sec. 1.104--$1,740.00 reduced by the amount of the
application basic filing fee paid.
(p) For submission of an information disclosure statement under
Sec. 1.97(c)
$220.00
* * * * *
(r) For entry of a submission after final rejection under
Sec. 1.129(a):
By a small entity (Sec. 1.9(f))
375.00
By other than a small entity
$750.00
(s) For each additional invention requested to be examined under
Sec. 1.129(b):
By a small entity (Sec. 1.9(f))
$375.00
By other than a small entity
$750.00
4. Section 1.18 is revised to read as follows:
Sec. 1.18 Patent issue fees.
(a) Issue fee for issuing each original or reissue patent,
except a design or plant patent:
By a small entity (Sec. 1.9(f))
$625.00
By other than a small entity
$1,250.00
(b) Issue fee for issuing a design patent:
By a small entity (Sec. 1.9(f))
$215.00
By other than a small entity
$430.00
(c) Issue fee for issuing a plant patent:
By a small entity (Sec. 1.9(f))
$315.00
By other than a small entity
$630.00
5. Section 1.19 is amended by revising paragraphs (a)(1)(ii),
(a)(1)(iii), (b)(1)(i), and (b)(1)(ii) to read as follows:
Sec. 1.19 Document supply fees.
* * * * *
(a) * * *
(1) * * *
* * * * *
(ii) Overnight delivery to PTO Box or overnight fax
$6.00
(iii) Expedited service for copy ordered by expedited mail or fax
delivery service and delivered to the customer within two workdays
$25.00
* * * * *
(b) * * *
(1) * * *
(i) Regular service
$15.00
(ii) Expedited regular service
$30.00
* * * * *
6. Section 1.20 is amended by revising paragraphs (c), (e) through
(g), (i)(1), (i)(2), and (j) to read as follows:
Sec. 1.20 Post issuance fees.
* * * * *
(c) For filing a request for reexamination (Sec. 1.510(a))
$2,390.00
* * * * *
(e) For maintaining an original or reissue patent, except a
design or plant patent, based on an application filed on 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)) $495.00
By other than a small entity
$990.00
(f) For maintaining an original or reissue patent, except a
design or plant patent, based on an application filed on or after
December 12, 1980, in force beyond eight years; the fee is due by
seven years and six months after the original grant:
By a small entity (Sec. 1.9(f))
$995.00
By other than a small entity
$1,990.00
(g) For maintaining an original or reissue patent, except a
design or plant patent, based on an application filed on or after
December 12, 1980, in force beyond twelve years; the fee is due by
eleven years and six months after the original grant:
By a small entity (Sec. 1.9(f))
$1,495.00
By other than a small entity
$2,990.00
* * * * *
(i) * * *
(1) unavoidable
$660.00
(2) Unintentional
$1,550.00
* * * * *
(j) For filing an application for extension of the term of a
patent
(Sec. 1.740)
$1,060.00
7. Section 1.21 is amended by revising paragraph (a)(1) to read as
follows:
Sec. 1.21 Miscellaneous fees and charges.
* * * * *
(a) * * *
(1) For admission to examination for registration to practice: fee
payable upon application
$310.00
* * * * *
[[Page 41023]]
8. Section 1.445 is amended by revising paragraph (a) to read as
follows:
Sec. 1.445 International application filing, processing and search
fees.
(a) The following fees and charges for international
applications are established by the Commissioner under the authority
of 35 U.S.C. 376:
(1) A transmittal fee (see 35 U.S.C. 361(d) and PCT Rule 14)
$220.00
(2) A search fee (see 35 U.S.C. 361(d) and PCT Rule 16) where:
(i) No corresponding prior United States national application with
basic filing fee has been filed
$660.00
(ii) A corresponding prior United States national application with
basic filing fee has been filed
$430.00
(3) A supplemental search fee when required, per additional invention
$190.00
* * * * *
9. Section 1.482 is amended by revising paragraphs (a)(1) and
(a)(2)(ii) to read as follows:
Sec. 1.482 International preliminary examination fees.
(a) * * *
(1) A preliminary examination fee is due on filing the Demand:
(i) Where 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, a
preliminary examination fee of
$470.00
(ii) Where the International Searching Authority for the international
application was an authority other than the United States Patent and
Trademark Office, a preliminary examination fee of
$710.00
(2) * * *
(ii) Where the International Searching Authority for the International
application was an authority other than the United States Patent and
Trademark Office
$250.00
* * * * *
10. Section 1.492 is amended by revising paragraphs (a), (b), and
(d) to read as follows:
Sec. 1.492 National stage fees.
* * * * *
(a) The basic national fee:
(1) Where an international preliminary examination fee as set forth
in Sec. 1.482 has been paid on the international application to the
United States Patent and Trademark Office:
By a small entity (Sec. 1.9(f))
$340.00
By other than a small entity
$680.00
(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))
$375.00
By other than a small entity
$750.00
(3) Where no international preliminary examination fee as set forth
in Sec. 1.482 has been paid and no 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:
By a small entity (Sec. 1.9(f))
$505.00
By other than a small entity
$1,010.00
(4) Where an international preliminary examination fee as set forth
in Sec. 1.482 has been paid to the United States Patent and Trademark
Office and the international preliminary examination report states that
the criteria of novelty, inventive step (non-obviousness), and
industrial applicability, as defined in PCT Article 33 (1) to (4) have
been satisfied for all the claims presented in the application entering
the national stage (see Sec. 1.496(b)):
By a small entity (Sec. 1.9(f))
$47.00
By other than a small entity
$94.00
(5) Where a search report on the international application has been
prepared by the European Patent Office or the Japanese Patent Office:
By a small entity (Sec. 1.9(f))
$440.00
By other than a small entity
$880.00
(b) In addition to the basic national fee, for filing or later
presentation of each independent claim in excess of 3:
By a small entity (Sec. 1.9(f))
$39.00
By other than a small entity
$78.00
* * * * *
(d) In addition to the basic national fee, if the application
contains, or is amended to contain, a multiple dependent claim(s), per
application:
By a small entity (Sec. 1.9(f))
$125.00
By other than a small entity
$250.00
* * * * *
PART 2--RULES OF PRACTICE IN TRADEMARK CASES
1. The authority citation for 37 CFR Part 2 would continue 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 (b)(1)(ii),
(b)(1)(iii), (b)(2)(i), and (b)(2)(ii) to read as follows:
Sec. 2.6 Trademark fees.
* * * * *
(b) * * *
(1) * * *
* * * * *
(ii) Overnight delivery to PTO Box or overnight fax
$6.00
(iii) Expedited service for copy ordered by expedited mail or fax
delivery service and delivered to the customer within two work days
$25.00
* * * * *
(2) * * *
(i) Regular service
$15.00
(ii) Expedited local service
$30.00
* * * * *
PART 7--REGISTER OF GOVERNMENT INTERESTS IN PATENTS
1. The authority citation for 37 CFR Part 7 would continue to read
as follows:
Authority: E.O. 9424, February 18, 1944, 9 FR 1959; 3 CFR 1943-
1948 Comp.
2. Section 7.1 is revised to read as follows:
Sec. 7.1 Requirements.
(a) Executive Order 9424 (3 CFR 1943-1948 Comp.) requires the
several departments and other executive agencies of the Government,
including Government-owned or Government-controlled corporations, to
forward promptly to the Commissioner of Patents and Trademarks for
recording all licenses, assignments, or other interests of the
Government in or under patents or applications for patents.
(b) An instrument relating to a patent must identify the patent by
the patent number. An instrument relating to a national patent
application must identify the national patent application by the
application number (consisting of the series code and the serial
number, e.g., 07/123,456) or the serial number and filing date. An
instrument relating to an international patent application which
designates the United States of America must identify the international
applications by the international application number (e.g., PCT/US90/
01234). If an assignment is executed concurrently with, or subsequent
to, the execution of the patent application, but before the patent
application is filed, it must identify the patent application by its
date of execution, name of each inventor, and title of the invention so
that there can be no mistake as to the patent application intended.
(c) Each instrument submitted to the Office for recording must be
accompanied by at least one cover sheet as specified in paragraph (d)
of this section referring to those patent applications and patents
against which the instrument is to be recorded. Only one set of
instruments and cover sheets
[[Page 41024]]
to be recorded should be filed. If an instrument to be recorded is not
accompanied by a completed cover sheet, the instrument and any
incomplete cover sheet will be returned for proper completion of a
cover sheet and resubmission of the instrument and a completed cover
sheet.
(d) Each cover sheet required by paragraph (c) of this section must
contain:
(1) the name of the party conveying the interest;
(2) the name and address of the party receiving the interest;
(3) a description of the interest conveyed or transaction to be
recorded;
(4) each application number or patent number against which the
instrument is to be recorded, or an indication that the instrument is
filed together with a patent application;
(5) the name and address of the party to whom correspondence
concerning the request to record the instrument should be mailed;
(6) the number of applications or patents identified in the cover
sheet and the total fee;
(7) the date the instrument was executed;
(8) a statement by the party submitting the instrument that to the
best of the person's knowledge and belief, the information contained on
the cover sheet is true and correct and any copy submitted is a true
copy of the original instrument; and
(9) the signature of the party submitting the instrument.
(e) Each patent cover sheet required by paragraph (c) of this
section seeking to record a governmental interest as provided by
paragraph (a) of this section must:
(1) indicate that the instrument is to be recorded on the
governmental register, and, if applicable, that the instrument is to be
recorded on the Secret Register. See Sec. 7.7.
(2) indicate, if applicable, that the instrument to be recorded is
not an instrument affecting title. See paragraph (j) of this section.
(f) An error in a cover sheet recorded pursuant to this Part will
be corrected only if:
(1) the error is apparent when the cover sheet is compared with the
recorded instrument to which it pertains, and
(2) a corrected cover sheet accompanied by the recording fee set
forth in paragraph (i) of this section and either the original recorded
instrument or a copy of the original recorded instrument is filed for
recordation.
(g) The Office will accept and record non-English language
instruments only if accompanied by a verified English translation
signed by the individual making the translation.
(h) Instruments and cover sheets to be recorded should be addressed
to the Commissioner of Patents and Trademarks, Box Assignment,
Washington, D.C. 20231.
(i) All requests to record instruments must be accompanied by the
appropriate fee. Except as provided in paragraph (j) of this section, a
recording fee set forth in Sec. 1.21(h) of this chapter fee is required
for each application and patent against which the instrument is
recorded as identified in the cover sheet.
(j) No fee is required for each patent application and patent
against which an instrument required by Executive Order 9424 (3 CFR
1943-1948 Comp.) to be filed if:
(1) the instrument does not affect title and is so identified in
the cover sheet (see paragraph (e) of this section); and
(2) the cover sheet is filed in a format approved by the Office.
Dated: August 4, 1995.
Bruce A. Lehman,
Assistant Secretary of Commerce and Commissioner of Patents and
Trademarks.
Note. The following appendix will not appear in the Code of
Federal Regulations.
Appendix A--Comparison of Existing and Revised Fee Amounts
----------------------------------------------------------------------------------------------------------------
Pre-Oct.
37 CFR Sec. Description 1995 Oct. 1995
----------------------------------------------------------------------------------------------------------------
1.16(a)........... Basic Filing Fee.................................................. $730 $750
1.16(a)........... Basic Filing Fee (Small Entity)................................... 365 375
1.16(b)........... Independent Claims................................................ 76 78
1.16(b)........... Independent Claims (Small Entity)................................. 38 39
1.16(c)........... Claims in Excess of 20............................................ 22 ...........
1.16(c)........... Claims in Excess of 20 (Small Entity)............................. 11 ...........
1.16(d)........... Multiple Dependent Claims......................................... 240 250
1.16(d)........... Multiple Dependent Claims (Small Entity).......................... 120 125
1.16(e)........... Surcharge--Late Filing Fee........................................ 130 ...........
1.16(e)........... Surcharge--Late Filing Fee (Small Entity)......................... 65 ...........
1.16(f)........... Design Filing Fee................................................. 300 310
1.16(f)........... Design Filing Fee (Small Entity).................................. 150 155
1.16(g)........... Plant Filing Fee.................................................. 490 510
1.16(g)........... Plant Filing Fee (Small Entity)................................... 245 255
1.16(h)........... Reissue Filing Fee................................................ 730 750
1.16(h)........... Reissue Filing Fee (Small Entity)................................. 365 375
1.16(i)........... Reissue Independent Claims........................................ 76 78
1.16(i)........... Reissue Independent Claims (Small Entity)......................... 38 39
1.16(j)........... Reissue Claims in Excess of 20.................................... 22 ...........
1.16(j)........... Reissue Claims in Excess of 20 (Small Entity)..................... 11 ...........
1.16(k)........... Provisional Application Filing Fee................................ 150 ...........
1.16(k)........... Provisional Application Filing Fee (Small Entity)................. 75 ...........
1.16(l)........... Surcharge--Incomplete Provisional App. Filed...................... 50 ...........
1.16(l)........... Surcharge--Incomplete Provisional App. Filed (Small Entity)....... 25 ...........
1.17(a)........... Extension--First Month............................................ 110 ...........
1.17(a)........... Extension--First Month (Small Entity)............................. 55 ...........
1.17(b)........... Extension--Second Month........................................... 370 380
1.17(b)........... Extension--Second Month (Small Entity)............................ 185 190
[[Page 41025]]
1.17(c)........... Extension--Third Month............................................ 870 900
1.17(c)........... Extension--Third Month (Small Entity)............................. 435 450
1.17(d)........... Extension--Fourth Month........................................... 1,360 1,400
1.17(d)........... Extension--Fourth Month (Small Entity)............................ 680 700
1.17(e)........... Notice of Appeal.................................................. 280 290
1.17(e)........... Notifce of Appeal (Small Entity).................................. 140 145
1.17(f)........... Filing a Brief.................................................... 280 290
1.17(f)........... Filing a Brief (Small Entity)..................................... 140 145
1.17(g)........... Request for Oral Hearing.......................................... 240 250
1.17(g)........... Request for Oral Hearing (Small Entity)........................... 120 125
1.17(h)........... Petition--Not All Inventors....................................... 130 ...........
1.17(h)........... Petition--Correction of Inventorship.............................. 130 ...........
1.17(h)........... Petition--Decision on Questions................................... 130 ...........
1.17(h)........... Petition--Suspend Rules........................................... 130 ...........
1.17(h)........... Petition--Expedited License....................................... 130 ...........
1.17(h)........... Petition--Scope of License........................................ 130 ...........
1.17(h)........... Petition--Retroactive License..................................... 130 ...........
1.17(h)........... Petition--Refusing Maintenance Fee................................ 130 ...........
1.17(h)........... Petition--Refusing Maintenance Fee--Expired Patent................ 130 ...........
1.17(h)........... Petition--Interference............................................ 130 ...........
1.17(h)........... Petition--Reconsider Interference................................. 130 ...........
1.17(h)........... Petition--Late Filing of Interference............................. 130 ...........
1.20(b)........... Petition--Correction of Inventorship.............................. 130 ...........
1.17(h)........... Petition--Refusal to Publish SIR.................................. 130 ...........
1.17(i)........... Petition--For Assignment.......................................... 130 ...........
1.17(i)........... Petition--For Application......................................... 130 ...........
1.17(i)........... Petition--Late Priority Papers.................................... 130 ...........
1.17(i)........... Petition--Suspend Action.......................................... 130 ...........
1.17(i)........... Petition--Divisional Reissues to Issue Separately................. 130 ...........
1.17(i)........... Petition--For Interference Agreement.............................. 130 ...........
1.17(i)........... Petition--Amendment After Issue................................... 130 ...........
1.17(i)........... Petition--Withdrawal After Issue.................................. 130 ...........
1.17(i)........... Petition--Defer Issue............................................. 130 ...........
1.17(i)........... Petition--Issue to Assignee....................................... 130 ...........
1.17(i)........... Petition--Accord a Filing Date Under Sec. 1.53................... 130 ...........
1.17(i)........... Petition--Accord a Filing Date Under Sec. 1.62................... 130 ...........
1.17(i)........... Petition--Make Application Special................................ 130 ...........
1.17(j)........... Petition--Public Use Proceeding................................... 1,390 1,430
1.17(k)........... Non-English Specification......................................... 130 ...........
1.17(l)........... Petition--Revive Abandoned Appl................................... 110 ...........
1.17(l)........... Petition--Revive Abandoned Appl. (Small Entity)................... 55 ...........
1.17(m)........... Petition--Revive Unintentionally Abandoned Appl................... 1,210 1,250
1.17(m)........... Petition--Revive Unintent Abandoned Appl. (Small Entity).......... 605 625
1.17(n)........... SIR--Prior to Examiner's Action................................... 840 870
1.17(o)........... SIR--After Examiner's Action...................................... 1,690 1,740
1.17(p)........... Submission of an Information Disclosure Statement (Sec. 1.97).... 210 220
1.17(q)........... Petition--Correction of Inventorship (Prov. App.)................. 50 ...........
1.17(q)........... Petition--Accord a filing date (Prov. App.)....................... 50 ...........
1.17(r)........... Filing a submission after final rejection (1.129(a)).............. 730 750
1.17(r)........... Filing a submission after final rejection (1.129(a)) (Small 365 375
Entity).
1.17(s)........... Per add'l invention to be examined (1.129(b))..................... 730 750
1.17(s)........... Per add'l invention to be examined (1.129(b)) (Small Entity)...... 365 375
1.18(a)........... Issue Fee......................................................... 1,210 1,250
1.18(a)........... Issue Fee (Small Entity).......................................... 605 625
1.18(b)........... Design Issue Fee.................................................. 420 430
1.18(b)........... Design Issue Fee (Small Entity)................................... 210 215
1.18(c)........... Plant Issue Fee................................................... 610 630
1.18(c)........... Plant Issue Fee (Small Entity).................................... 305 315
1.19(a)(1)(i)..... Copy of Patent.................................................... 3 ...........
1.19(a)(1)(ii).... Patent Copy--Overnight delivery to PTO Box or overnight fax....... 6 ...........
1.19(a)(1)(iii)... Patent Copy Ordered by Expedited Mail or Fax--Exp. service........ 25 ...........
1.19(a)(2)........ Plant Patent Copy................................................. 12 ...........
1.19(a)(3)(i)..... Copy of Utility Patent or SIR in Color............................ 24 ...........
1.19(b)(1)(i)..... Certified Copy of Patent Application as Filed..................... 12 15
1.19(b)(1)(ii).... Certified Copy of Patent Application as Filed, Expedited.......... 24 30
1.19(b)(2)........ Cert or Uncert Copy of Patent-Related File Wrapper/Contents....... 150 ...........
1.19(b)(3)........ Cert. or Uncert. Copies of Office Records, per Document........... 25 ...........
1.19(b)(4)........ For Assignment Records, Abstract of Title and Certification....... 25 ...........
1.19(c)........... Library Service................................................... 50 ...........
1.19(d)........... List of Patents in Subclass....................................... 3 ...........
1.19(e)........... Uncertified Statement-Status of Maintenance Fee Payment........... 10 ...........
[[Page 41026]]
1.19(f)........... Copy of Non-U.S. Patent Document.................................. 25 ...........
1.19(g)........... Comparing and Certifying Copies, Per Document, Per Copy........... 25 ...........
1.19(h)........... Duplicate or Corrected Filing Receipt............................. 25 ...........
1.20(a)........... Certificate of Correction......................................... 100 ...........
1.20(c)........... Reexamination..................................................... 2,320 2,390
1.20(d)........... Statutory Disclaimer.............................................. 110 ...........
1.20(d)........... Statutory Disclaimer (Small Entity)............................... 55 ...........
1.20(e)........... Maintenance Fee--3.5 Years........................................ 960 990
1.20(e)........... Maintenance Fee--3.5 Years (Small Entity)......................... 480 495
1.20(f)........... Maintenance Fee--7.5 Years........................................ 1,930 1,990
1.20(f)........... Maintenance Fee--7.5 Years (Small Entity)......................... 965 995
1.20(g)........... Maintenance Fee--11.5 Years....................................... 2,900 2,990
1.20(g)........... Maintenance Fee--11.5 Years (Small Entity)........................ 1,450 1,495
1.20(h)........... Surcharge--Maintenance Fee--6 Months.............................. 130 ...........
1.20(h)........... Surcharge--Maintenance Fee--6 Months (Small Entity)............... 65 ...........
1.20(i)(1)........ Surcharge--Maintenance After Expiration--Unavoidable.............. 640 660
1.20(i)(2)........ Surcharge--Maintenance After Expiration--Unintentional............ 1,500 1,550
1.20(j)........... Extension of Term of Patent....................................... 1,030 1,060
1.21(a)(1)........ Admission to examination.......................................... 300 310
1.21(a)(2)........ Registration to Practice.......................................... 100 ...........
1.21(a)(3)........ Reinstatement to Practice......................................... 15 ...........
1.21(a)(4)........ Certificate of Good Standing...................................... 10 ...........
1.21(a)(4)........ Certificate of Good Standing, Suitable Framing.................... 20 ...........
1.21(a)(5)........ Review of Decision of Director, OED............................... 130 ...........
1.21(a)(6)........ Regrading of Examination.......................................... 130 ...........
1.21(b)(1)........ Establish Deposit Account......................................... 10 ...........
1.21(b)(2)........ Service Charge Below Minimum Balance.............................. 25 ...........
1.21(b)(3)........ Service Charge Below Minimum Balance.............................. 25 ...........
1.21(c)........... Filing a Disclosure Document...................................... 10 ...........
1.21(d)........... Box Rental........................................................ 50 ...........
1.21(e)........... International Type Search Report.................................. $40 ...........
1.21(g)........... Self-Service Copy Charge.......................................... .25 ...........
1.21(h)........... Recording Patent Property......................................... 40 ...........
1.21(i)........... Publication in the OG............................................. 25 ...........
1.21(j)........... Labor Charges for Services........................................ 30 ...........
1.21(k)........... Unspecified Other Services........................................ ........... ...........
1.21(k)........... Terminal Use APS-CSIR (per hour).................................. 50 ...........
1.21(m)........... Processing Returned Checks........................................ 50 ...........
1.21(n)........... Handling Fee--Incomplete Application.............................. 130 ...........
1.21(o)........... Terminal Use APS-TEXT............................................. 40 ...........
1.24.............. Coupons for Patent and Trademark Copies........................... 3 ...........
1.296............. Handling Fee--Withdrawal SIR...................................... 130 ...........
1.445(a)(1)....... Transmittal Fee................................................... 210 $220
1.445(a)(2)(i).... PCT Search Fee--No U.S. Application............................... 640 660
1.445(a)(2)(ii)... PCT Search Fee--Prior U.S. Application............................ 420 430
1.445(a)(3)....... Supplemental Search............................................... 180 190
1.482(a)(1)(i).... Preliminary Exam Fee.............................................. 460 470
1.482(a)(1)(ii)... Preliminary Exam Fee.............................................. 690 710
1.482(a)(2)(i).... Additional Invention.............................................. 140 ...........
1.482(a)(2)(ii)... Additional Invention.............................................. 240 250
1.492(a)(1)....... Preliminary Examining Authority................................... 660 680
1.492(a)(1)....... Preliminary Examining Authority (Small Entity).................... 330 340
1.492(a)(2)....... Searching Authority............................................... 730 750
1.492(a)(2)....... Searching Authority (Small Entity)................................ 365 375
1.492(a)(3)....... PTO Not ISA nor IPEA.............................................. 980 1,010
1.492(a)(3)....... PTO Not ISA nor IPEA (Small Entity)............................... 490 505
1.492(a)(4)....... Claims--IPEA...................................................... 92 94
1.492(a)(4)....... Claims--IPEA (Small Entity)....................................... 46 47
1.492(a)(5)....... Filing with EPO/JPO Search Report................................. 850 880
1.492(a)(5)....... Filing with EPO/JPO Search Report (Small Entity).................. 425 440
1.492(b).......... Claims--Extra Individual (Over 3)................................. 76 78
1.492(b).......... Claims--Extra Individual (Over 3) (Small Entity).................. 38 39
1.492(c).......... Claims--Extra Total (Over 20)..................................... 22 ...........
1.492(c).......... Claims--Extra Total (Over 20) (Small Entity)...................... 11 ...........
1.492(d).......... Claims--Multiple Dependents....................................... 240 250
1.492(d).......... Claims--Multiple Dependents (Small Entity)........................ 120 125
1.492(e).......... Surcharge......................................................... 130 ...........
1.492(e).......... Surcharge (Small Entity).......................................... 65 ...........
1.492(f).......... English Translation--After 20 Months.............................. 130 ...........
2.6(a)(1)......... Application for Registration, Per Class........................... 245 ...........
2.6(a)(2)......... Amendment to Allege Use, Per Class................................ 100 ...........
[[Page 41027]]
2.6(a)(3)......... Statement of Use, Per Class....................................... 100 ...........
2.6(a)(4)......... Extension for Filing Statement of Use, Per Class.................. 100 ...........
2.6(a)(5)......... Application for Renewal, Per Class................................ 300 ...........
2.6(a)(6)......... Surcharge for Late Renewal, Per Class............................. 100 ...........
2.6(a)(7)......... Publication of Mark Under Sec. 12(c), Per Class.................. 100 ...........
2.6(a)(8)......... Issuing New Certificate of Registration........................... 100 ...........
2.6(a)(9)......... Certificate of Correction of Registrant's Error................... 100 ...........
2.6(a)(10)........ Filing Disclaimer to Registration................................. 100 ...........
2.6(a)(11)........ Filing Amendment to Registration.................................. 100 ...........
2.6(a)(12)........ Filing Affidavit Under Section 8, Per Class....................... 100 ...........
2.6(a)(13)........ Filing Affidavit Under Section 15, Per Class...................... 100 ...........
2.6(a)(14)........ Filing Affidavit Under Sections 8 & 15, Per Class................. 200 ...........
2.6(a)(15)........ Petitions to the Commissioner..................................... 100 ...........
2.6(a)(16)........ Petition to Cancel, Per Class..................................... 200 ...........
2.6(a)(17)........ Notice of Opposition, Per Class................................... 200 ...........
2.6(a)(18)........ Ex Parte Appeal to the TTAB, Per Class............................ 100 ...........
2.6(a)(19)........ Dividing an Application, Per New Application Created.............. 100 ...........
2.6(b)(1)(i)...... Copy of Registered Mark........................................... 3 ...........
2.6(6)(1)(ii)..... Copy of Registered Mark, overnight delivery to PTO box or fax..... 6 ...........
2.6(b)(1)(iii).... Copy of Reg. Mark Ordered Via Exp. Mail or Fax, Exp. Svc.......... 25 ...........
2.6(b)(2)(i)...... Certified Copy of TM Application as Filed......................... 12 15
2.6(b)(2)(ii)..... Certified Copy of TM Application as Filed, Expedited.............. 24 30
2.6(b)(3)......... Cert. or Uncert. Copy of TM-Related File Wrapper/Contents......... 50 ...........
2.6(b)(4)(i)...... Cert. Copy of Registered Mark, Title or Status.................... 10 ...........
2.6(b)(4)(ii)..... Cert. Copy of Registered Mark, Title or Status--Expedited......... 20 ...........
2.6(b)(5)......... Certified or Uncertified Copy of TM Records....................... 25 ...........
2.6(b)(6)......... Recording Trademark Property, Per Mark, Per Document.............. 40 ...........
2.6(b)(6)......... For Second and Subsequent Marks in Same Document.................. 25 ...........
2.6(b)(7)......... For Assignment Records, Abstracts of Title and Cert............... 25 ...........
2.6(b)(8)......... Terminal Use X-SEARCH............................................. 40 ...........
2.6(b)(9)......... Self-Service Copy Charge.......................................... 0.25 ...........
2.6(b)(10)........ Labor Charges for Services........................................ 30 ...........
2.6(b)(11)........ Unspecified Other Services........................................ \1\ ...........
----------------------------------------------------------------------------------------------------------------
These fees are not affected by this rulemaking.
\1\ Actual cost.
[FR Doc. 95-19763 Filed 8-10-95; 8:45 am]
BILLING CODE 3510-16-M
