00-20354. Revision of Patent Fees for Fiscal Year 2001

  • Start Preamble

    AGENCY:

    United States Patent and Trademark Office, Commerce.

    ACTION:

    Final rule.

    SUMMARY:

    The United States Patent and Trademark Office (USPTO) is amending the rules of practice in patent cases to adjust certain patent fee amounts to reflect fluctuations in the Consumer Price Index (CPI). The USPTO is also amending the description of two fees to reflect current business practice.

    EFFECTIVE DATE:

    October 1, 2000.

    Start Further Info

    FOR FURTHER INFORMATION CONTACT:

    Matthew Lee by telephone at (703) 305-8051, by fax at (703) 305-8007, or by e-mail at matthew.lee@uspto.gov.

    End Further Info End Preamble Start Supplemental Information

    SUPPLEMENTARY INFORMATION:

    This final rule adjusts our fees in accordance with the applicable provisions of title 35, United States Code, as amended by the Consolidated Appropriations Act, Fiscal Year 2000 (which incorporated the Intellectual Property and Communications Omnibus Reform Act of 1999) (Public Law 106-113). Start Printed Page 49194

    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)(1).

    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 CPI over the previous twelve months.

    Subsection 41(d) of title 35, United States Code, authorizes the Director 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, for each black and white copy of a patent, and for library services.

    Section 376 of title 35, United States Code, authorizes the Director 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 Director under section 41 may take effect thirty days after notice in the Federal Register and the Official Gazette of the United States Patent and Trademark Office.

    Fee Adjustment Level

    The patent statutory fees established by 35 U.S.C. 41(a) and (b) will be adjusted on October 1, 2000, to reflect any fluctuations occurring during the previous twelve months in the Consumer Price Index for all urban consumers (CPI-U). In calculating these fluctuations, the Office of Management and Budget (OMB) has determined that the USPTO should use CPI-U data as determined by the Secretary of Labor. In accordance with previous fee-setting methodology, the USPTO uses the Administration's projected CPI-U for the twelve-month period ending September 30, 2000, which is 2.68 percent. Based on this projection, patent statutory fees will be adjusted by 2.68 percent.

    Certain patent processing fees established under 35 U.S.C. 41(d), 132(b), 376, and Public Law 103-465 (the Uruguay Round Agreements Act) will be adjusted to reflect fluctuations in the CPI.

    Four patent service fees that are set by statute will not be adjusted. The four fees that are not being adjusted are the assignment recording fee, printed patent copy fee, photocopy charge fee, and library service fee.

    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 any comparable small entity fee would be a whole number.

    General Procedures

    Any fee amount that is paid on or after the effective date of the fee increase will 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 our office. A Certificate of Mailing or Transmission under § 1.8 is not proper for items which are specifically excluded from the provisions of § 1.8. Items for which a Certificate of Mailing or Transmission under § 1.8 are not proper include, for example, for filing of Continued Prosecution Applications (CPAs) under § 1.53(d) and other national and international applications for patents. See 37 CFR 1.8(a)(2).

    Under 37 CFR 1.10(a), any correspondence delivered by the “Express Mail Post Office to Addressee” service of the United States Postal Service (USPS) is considered filed or received in our 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.

    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) through (i), are revised to adjust fees established therein to reflect fluctuations in the CPI.

    37 CFR 1.17 Patent Application Processing Fees

    Section 1.17, paragraphs (a)(2) through (a)(5), (b) through (e), (m), (r), and (s), are revised to adjust fees established therein to reflect fluctuations in the CPI.

    37 CFR 1.18 Patent Issue Fees

    Section 1.18, paragraphs (a) through (c), are revised to adjust fees established therein to reflect fluctuations in the CPI.

    37 CFR 1.20 Post-Issuance Fees

    Section 1.20, paragraphs (e) through (g), are 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)(6), is revised to amend the description to reflect current business practices.

    37 CFR 1.492 National Stage Fees

    Section 1.492, paragraphs (a), (b), and (d), are revised to adjust fees established therein to reflect fluctuations in the CPI.

    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 does not contain policies with Federalism implications sufficient to warrant preparation of a Federalism Assessment under Executive Order 13132 (August 4, 1999).

    Prior notice and opportunity for public comment for patent fee changes are not required by the Patent Statute or the Administrative Procedure Act. While the Patent Statute specifically requires that changes to patent fees shall not take effect “until at least 30 days after notice of the fee has been published in the Federal Register and in the Official Gazette of the United States Patent and Trademark Office,35 U.S.C. 41(g), the statute does not require any additional publication of proposed fee changes. In addition, changes in patent fees are exempted from the notice of proposed rulemaking requirements of the Administrative Procedure Act under 5 U.S.C. 553(a)(2), as the establishment of fee amounts is a matter related to agency management.

    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.

    A comparison of existing and new fee amounts is included as an Appendix to this final rule.

    Start List of Subjects

    List of Subjects in 37 CFR Part 1

    • Administrative practice and procedure
    • Inventions and patents
    • Reporting and recordkeeping requirements
    • Small businesses
    End List of Subjects Start Printed Page 49195 Start Amendment Part

    For the reasons set forth in the preamble, the USPTO is amending title 37 of the Code of Federal Regulations, Part 1, as set forth below.

    End Amendment Part Start Part

    PART 1—RULES OF PRACTICE IN PATENT CASES

    End Part Start Amendment Part

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

    End Amendment Part Start Authority

    Authority: 35 U.S.C. 2(b)(2), unless otherwise noted.

    End Authority Start Amendment Part

    2. Section 1.16 is amended by revising paragraphs (a), (b), (d), and (f) through (i) to read as follows:

    End Amendment Part
    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 (§ 1.9(f))—$355.00

    By other than a small entity—$710.00

    (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 (§ 1.9(f))—$40.00

    By other than a small entity—$80.00

    * * * * *

    (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 (§ 1.9(f))—$135.00

    By other than a small entity—$270.00

    * * * * *

    (f) Basic fee for filing each design application:

    By a small entity (§ 1.9(f))—$160.00

    By other than a small entity—$320.00

    (g) Basic fee for filing each plant application, except provisional applications:

    By a small entity (§ 1.9(f))—$245.00

    By other than a small entity—$490.00

    (h) Basic fee for filing each reissue application:

    By a small entity (§ 1.9(f))—$355.00

    By other than a small entity—$710.00

    (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 (§ 1.9(f))—$40.00

    By other than a small entity—$80.00

    * * * * *

    3. Section 1.17 is amended by revising paragraphs (a)(2) through (a)(5), (b) through (e), (m), (r), and (s) to read as follows:

    Patent application processing fees.

    (a) * * *

    (1) * * *

    (2) For reply within second month:

    By a small entity (§ 1.9(f))—$195.00

    By other than a small entity—$390.00

    (3) For reply within third month:

    By a small entity (§ 1.9(f))—$445.00

    By other than a small entity—$890.00

    (4) For reply within fourth month:

    By a small entity (§ 1.9(f))—$695.00

    By other than a small entity—$1,390.00

    (5) For reply within fifth month:

    By a small entity (§ 1.9(f))—$945.00

    By other than a small entity—$1,890.00

    * * * * *

    (b) For filing a notice of appeal from the examiner to the Board of Patent Appeals and Interferences:

    By a small entity (§ 1.9(f))—$155.00

    By other than a small entity—$310.00

    (c) In addition to the fee for filing a notice of appeal, for filing a brief in support of an appeal:

    By a small entity (§ 1.9(f))—$155.00

    By other than a small entity—$310.00

    (d) 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 (§ 1.9(f))—$135.00

    By other than a small entity—$270.00

    (e) To request continued examination pursuant to § 1.114:

    By a small entity (§ 1.9(f))—$355.00

    By other than a small entity—$710.00

    * * * * *

    (m) For filing a petition for the revival of an unintentionally abandoned application or the unintentionally delayed payment of the issue fee under 35 U.S.C. 41(a)(7) (§ 1.137(b)):

    By a small entity (§ 1.9(f))—$620.00

    By other than a small entity—$1,240.00

    * * * * *

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

    By a small entity (§ 1.9(f))—$355.00

    By other than a small entity—$710.00

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

    By a small entity (§ 1.9(f))—$355.00

    By other than a small entity—$710.00

    4. Section 1.18 is revised to read as follows:

    Patent issue fees.

    (a) Issue fee for issuing each original or reissue patent, except a design or plant patent:

    By a small entity (§ 1.9(f))—$620.00

    By other than a small entity—$1,240.00

    (b) Issue fee for issuing a design patent:

    By a small entity (§ 1.9(f))—$220.00

    By other than a small entity—$440.00

    (c) Issue fee for issuing a plant patent:

    By a small entity (§ 1.9(f))—$300.00

    By other than a small entity—$600.00

    5. Section 1.20 is amended by revising paragraphs (e) through (g) to read as follows:

    Post issuance fees.
    * * * * *

    (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 (§ 1.9(f))—$425.00

    By other than a small entity—$850.00

    (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 (§ 1.9(f))—$975.00

    By other than a small entity—$1,950.00

    (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 (§ 1.9(f))—$1,495.00

    By other than a small entity—$2,990.00

    * * * * *

    6. Section 1.21 is amended by revising paragraph (a)(6) to read as follows:

    Miscellaneous fees and charges.
    * * * * *

    (a) * * *

    (6) For requesting regrading of an examination under § 10.7(c):

    (i) Regrading of seven or fewer questions—$230.00

    (ii) Regrading of eight or more questions—$460.00

    * * * * *

    7. Section 1.492 is amended by revising paragraphs (a), (b), and (d) to read as follows:

    National stage fees.
    * * * * *

    (a) The basic national fee:

    (1) Where an international preliminary examination fee as set forth in § 1.482 has been paid on the international application to the United States Patent and Trademark Office:

    Start Printed Page 49196

    By a small entity (§ 1.9(f))—345.00

    By other than a small entity—690.00

    (2) Where no international preliminary examination fee as set forth in § 1.482 has been paid to the United States Patent and Trademark Office, but an international search fee as set forth in § 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 (§ 1.9(f))—355.00

    By other than a small entity—710.00

    (3) Where no international preliminary examination fee as set forth in § 1.482 has been paid and no international search fee as set forth in § 1.445(a)(2) has been paid on the international application to the United States Patent and Trademark Office:

    By a small entity (§ 1.9(f))—500.00

    By other than a small entity—1,000.00

    (4) Where an international preliminary examination fee as set forth in § 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 § 1.496(b)):

    By a small entity (§ 1.9(f))—50.00

    By other than a small entity—100.00

    (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 (§ 1.9(f))—430.00

    By other than a small entity—860.00

    (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 (§ 1.9(f))—40.00

    By other than a small entity—80.00

    * * * * *

    (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 (§ 1.9(f))—135.00

    By other than a small entity—270.00

    * * * * *
    Start Signature

    Dated: July 14, 2000.

    Q. Todd Dickinson,

    Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.

    End Signature

    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 Existing and New Fee Amounts

    [—Indicates fees remain at FY 2000 amount]

    Fee code37 CFR Sec.DescriptionFY 2000FY 2001
    1011.16(a)Basic filing fee—Utility$690$710
    2011.16(a)Basic filing fee—Utility (Small Entity)345355
    1311.16(a)Basic filing fee—Utility (CPA)690710
    2311.16(a)Basic filing fee—Utility (CPA) (Small Entity)345355
    1021.16(b)Independent claims in excess of three7880
    2021.16(b)Independent claims in excess of three (Small Entity)3940
    1031.16(c)Claims in excess of twenty18
    2031.16(c)Claims in excess of twenty (Small Entity)9
    1041.16(d)Multiple dependent claim260270
    2041.16(d)Multiple dependent claim (Small Entity)130135
    1051.16(e)Surcharge—Late filing fee130
    2051.16(e)Surcharge—Late filing fee (Small Entity)65
    1061.16(f)Design filing fee310320
    2061.16(f)Design filing fee (Small Entity)155160
    1321.16(f)Design filing fee (CPA)310320
    2321.16(f)Design filing fee (CPA) (Small Entity)155160
    1071.16(g)Plant filing fee480490
    2071.16(g)Plant filing fee (Small Entity)240245
    1331.16(g)Plant filing fee (CPA)480490
    2331.16(g)Plant filing fee (CPA) (Small Entity)240245
    1081.16(h)Reissue filing fee690710
    2081.16(h)Reissue filing fee (Small Entity)345355
    1341.16(h)Reissue filing fee (CPA)690710
    2341.16(h)Reissue filing fee (CPA) (Small Entity)345355
    1091.16(i)Reissue independent claims7880
    2091.16(i)Reissue independent claims (Small Entity)3940
    1101.16(j)Reissue claims in excess of twenty18
    2101.16(j)Reissue claims in excess of twenty (Small Entity)9
    1141.16(k)Provisional application filing fee150
    2141.16(k)Provisional application filing fee (Small Entity)75
    1271.16(l)Surcharge—Late provisional filing fee50
    2271.16(l)Surcharge—Late provisional filing fee (Small Entity)25
    1151.17(a)(1)Extension—First month110
    2151.17(a)(1)Extension—First month (Small Entity)55
    1161.17(a)(2)Extension—Second month380390
    2161.17(a)(2)Extension—Second month (Small Entity)190195
    1171.17(a)(3)Extension—Third month870890
    2171.17(a)(3)Extension—Third month (Small Entity)435445
    1181.17(a)(4)Extension—Fourth month1,3601,390
    2181.17(a)(4)Extension—Fourth month (Small Entity)680695
    1281.17(a)(5)Extension—Fifth month1,8501,890
    2281.17(a)(5)Extension—Fifth month (Small Entity)925945
    1191.17(b)Notice of appeal300310
    2191.17(b)Notice of appeal (Small Entity)150155
    Start Printed Page 49197
    1201.17(c)Filing a brief in support of an appeal300310
    2201.17(c)Filing a brief in support of an appeal (Small Entity)150155
    1211.17(d)Request for oral hearing260270
    2211.17(d)Request for oral hearing (Small Entity)130135
    1791.17(e)Request for continued examination (RCE)690710
    2791.17(e)Request for continued examination (RCE) (Small Entity)345355
    1221.17(h)Petition—Not all inventors130
    1221.17(h)Petition—Correction of inventorship130
    1221.17(h)Petition—Decision on questions130
    1221.17(h)Petition—Suspend rules130
    1221.17(h)Petition—Expedited license130
    1221.17(h)Petition—Scope of license130
    1221.17(h)Petition—Retroactive license130
    1221.17(h)Petition—Refusing maintenance fee130
    1221.17(h)Petition—Refusing maintenance fee—expired patent130
    1221.17(h)Petition—Interference130
    1221.17(h)Petition—Reconsider interference130
    1221.17(h)Petition—Late filing of interference130
    1221.20(b)Petition—Correction of inventorship130
    1221.17(h)Petition—Refusal to publish SIR130
    1221.17(i)Petition—For assignment130
    1221.17(i)Petition—For application130
    1221.17(i)Petition—Late priority papers130
    1221.17(i)Petition—Suspend action130
    1221.17(i)Petition—Divisional reissues to issue separately130
    1221.17(i)Petition—For interference agreement130
    1221.17(i)Petition—Amendment after issue130
    1221.17(i)Petition—Withdrawal after issue130
    1221.17(i)Petition—Defer issue130
    1221.17(i)Petition—Issue to assignee130
    1221.17(i)Petition—Accord a filing date under § 1.53130
    1221.17(i)Petition—Accord a filing date under § 1.62130
    1221.17(i)Petition—Make application special130
    1381.17(j)Petition—Public use proceeding1,510
    1391.17(k)Non-English specification130
    1401.17(l)Petition—Revive unavoidably abandoned appl.110
    2401.17(l)Petition—Revive unavoidably abandoned appl. (Small Entity)55
    1411.17(m)Petition—Revive unintentionally abandoned appl.1,2101,240
    2411.17(m)Petition—Revive unintent. abandoned appl. (Small Entity)605620
    1121.17(n)SIR—Prior to examiner's action920
    1131.17(o)SIR—After examiner's action1,840
    1261.17(p)Submission of an Information Disclosure Statement (§ 1.97)240
    1231.17(q)Petition—Correction of inventorship (prov. app.)50
    1231.17(q)Petition—Accord a filing date (prov. app.)50
    1231.17(q)Petition—Entry of submission after final rejection (prov. app.)50
    1461.17(r)Filing a submission after final rejection (1.129(a))690710
    2461.17(r)Filing a submission after final rejection (1.129(a)) (Small Entity)345355
    1491.17(s)Per additional invention to be examined (1.129(b))690710
    2491.17(s)Per additional invention to be examined (1.129(b)) (Small Entity)345355
    1421.18(a)Utility issue fee1,2101,240
    2421.18(a)Utility issue fee (Small Entity)605620
    1431.18(b)Design issue fee430440
    2431.18(b)Design issue fee (Small Entity)215220
    1441.18(c)Plant issue fee580600
    2441.18(c)Plant issue fee (Small Entity)290300
    5611.19(a)(1)(i)Patent copy3
    5621.19(a)(1)(ii)Patent copy, overnight delivery to USPTO Box or overnight fax6
    5631.19(a)(1)(iii)Patent copy, ordered by expedited mail or fax—exp. service25
    5641.19(a)(2)Plant patent copy15
    5651.19(a)(3)Copy of utility patent or SIR in color25
    5661.19(b)(1)(i)Certified copy of patent application as filed15
    5671.19(b)(1)(ii)Certified copy of patent application as filed, expedited30
    5681.19(b)(2)Cert. or uncert. copy of patent-related file wrapper and contents150
    5691.19(b)(3)Cert. or uncert. copy of document, unless otherwise provided25
    5701.19(b)(4)For assignment records, abstract of title and certification25
    5711.19(c)Library service50
    5721.19(d)List of U.S. patents and SIRs in subclass3
    5731.19(e)Uncertified statement re status of maintenance fee payment10
    5741.19(f)Copy of non-U.S. document25
    5751.19(g)Comparing and certifying copies, per document, per copy25
    5761.19(h)Duplicate or corrected filing receipt25
    1451.20(a)Certificate of correction100
    Start Printed Page 49198
    1471.20(c)Filing a request for reexamination2,520
    1481.20(d)Statutory disclaimer110
    2481.20(d)Statutory disclaimer (Small Entity)55
    1831.20(e)Maintenance fee—due at 3.5 years830850
    2831.20(e)Maintenance fee—due at 3.5 years (Small Entity)415425
    1841.20(f)Maintenance fee—due at 7.5 years1,9001,950
    2841.20(f)Maintenance fee—due at 7.5 years (Small Entity)950975
    1851.20(g)Maintenance fee—due at 11.5 years2,9102,990
    2851.20(g)Maintenance fee—due at 11.5 years (Small Entity)1,4551,495
    1861.20(h)Surcharge—Late payment within 6 months130
    2861.20(h)Surcharge—Late payment within 6 months (Small Entity)65
    1871.20(i)(1)Surcharge—Maintenance after expiration—unavoidable700
    1881.20(i)(2)Surcharge—Maintenance after expiration—unintentional1,640
    1111.20(j)(1)Extension of term of patent (1.740)1,120
    1241.20(j)(2)Initial application for interim extension (1.790)420
    1251.20(j)(3)Subsequent application for interim extension (1.790)220
    6091.21(a)(1)(i)Application fee (non-refundable)40
    6191.21(a)(1)(ii)Registration examination fee310
    6101.21(a)(2)Registration to practice100
    6111.21(a)(3)Reinstatement to practice40
    6121.21(a)(4)Copy of certificate of good standing10
    6131.21(a)(4)Certificate of good standing—suitable for framing20
    6151.21(a)(5)Review of decision of Director, OED130
    6161.21(a)(6)(i)Regrading of seven or fewer questions230
    6201.21(a)(6)(ii)Regrading of eight or more questions460
    6071.21(b)(1)Establish deposit account10
    6081.21(b)(2)Service charge for below minimum balance25
    6081.21(b)(3)Service charge for below minimum balance—restricted account25
    5771.21(c)Disclosure document filing fee10
    5781.21(d)Local delivery box rental, annually50
    5791.21(e)International type search report40
    5801.21(g)Self-service copy charge, per page.25
    5811.21(h)Recording each patent assignment, per property40
    5831.21(i)Publication in Official Gazette25
    5841.21(j)Labor charges for services, per hour or fraction thereof40
    5851.21(k)Unspecified other services, excluding labor(1)
    5921.21(k)APS-CSIR terminal session time, per hour50
    5861.21(l)Retaining abandoned application130
    6171.21(m)Processing returned checks50
    5871.21(n)Handling fee for incomplete or improper application130
    5881.21(o)APS-Text terminal session time, per hour40
    5901.24Coupons for patent and trademark copies3
    5891.296Handling fee for withdrawal of SIR130
    1501.445(a)(1)Transmittal fee240
    1531.445(a)(2)(i)PCT search fee—prior U.S. application450
    1511.445(a)(2)(ii)PCT search fee—no U.S. application700
    1521.445(a)(3)Supplemental search per additional invention210
    1901.482(a)(1)(i)Preliminary examination fee—ISA was the U.S490
    1911.482(a)(1)(ii)Preliminary examination fee—ISA not the U.S750
    1921.482(a)(2)(i)Additional invention—ISA was the U.S140
    1931.482(a)(2)(ii)Additional invention—ISA not the U.S.270
    9561.492(a)(1)IPEA—U.S670690
    9571.492(a)(1)IPEA—U.S. (Small Entity)335345
    9581.492(a)(2)ISA—U.S690710
    9591.492(a)(2)ISA—U.S. (Small Entity)345355
    9601.492(a)(3)USPTO not ISA or IPEA9701,000
    9611.492(a)(3)USPTO not ISA or IPEA (Small Entity)485500
    9621.492(a)(4)Claims—IPEA96100
    9631.492(a)(4)Claims—IPEA (Small Entity)4850
    9701.492(a)(5)Filing with EPO or JPO search report840860
    9711.492(a)(5)Filing with EPO or JPO search report (Small Entity)420430
    9641.492(b)Claims—extra independent (over three)7880
    9651.492(b)Claims—extra independent (over three) (Small Entity)3940
    9661.492(c)Claims—extra total (over twenty)18
    9671.492(c)Claims—extra total (over twenty) (Small Entity)9
    9681.492(d)Claims—multiple dependent260270
    9691.492(d)Claims—multiple dependent (Small Entity)130135
    1541.492(e)Surcharge130
    2541.492(e)Surcharge (Small Entity)65
    1561.492(f)English translation after twenty or thirty months130
    3612.6(a)(1)Application for registration, per class325
    3622.6(a)(2)Amendment to Allege Use, per class100
    Start Printed Page 49199
    3632.6(a)(3)Statement of Use, per class100
    3642.6(a)(4)Extension for filing Statement of Use, per class150
    3652.6(a)(5)Application for renewal, per class400
    3662.6(a)(6)Additional fee for late renewal, per class100
    3672.6(a)(7)Publication of mark under § 12(c), per class100
    3682.6(a)(8)Issuing new certificate of registration100
    3692.6(a)(9)Certificate of correction, registrant's error100
    3702.6(a)(10)Filing disclaimer to registration100
    3712.6(a)(11)Filing amendment to registration100
    3722.6(a)(12)Filing section 8 affidavit, per class100
    3732.6(a)(13)Filing section 15 affidavit, per class200
    3812.6(a)(14)Filing a section 8 affidavit during the grace period, per class100
    3752.6(a)(15)Petition to the Director100
    3762.6(a)(16)Petition for cancellation, per class300
    3772.6(a)(17)Notice of opposition, per class300
    3782.6(a)(18)Ex parte appeal, per class100
    3792.6(a)(19)Dividing an application, per new application created100
    3822.6(a)(20)Correcting a deficiency in a section 8 affidavit100
    3802.6(a)(21)Correcting a deficiency in a renewal application100
    4612.6(b)(1)(i)Copy of registered mark3
    4622.6(b)(1)(ii)Copy of registered mark, overnight delivery to USPTO box or fax6
    4632.6(b)(1)(iii)Copy of reg. mark ordered by exp. mail or fax, exp. service25
    4662.6(b)(2)(i)Certified copy of trademark application as filed15
    4672.6(b)(2)(ii)Certified copy of trademark application as filed, expedited30
    4682.6(b)(3)Cert. or uncert. copy of TM-related file wrapper and contents50
    4642.6(b)(4)(i)Cert. copy of registered mark, with title or status15
    4652.6(b)(4)(ii)Cert. copy of registered mark, with title or status—expedited30
    4692.6(b)(5)Certified or uncertified copy of trademark document25
    4812.6(b)(6)Recording trademark property, per mark, per document40
    4822.6(b)(6)For second and subsequent marks in the same document25
    4702.6(b)(7)For assignment records, abstracts of title and certification25
    4882.6(b)(8)X-SEARCH terminal session time, per hour40
    4802.6(b)(9)Self-service copy charge, per page0.25
    4842.6(b)(10)Labor charges for services, per hour or fraction thereof40
    4852.6(b)(11)Unspecified other services, excluding labor(1
    6502.7(a)Recordal application fee20
    6512.7(b)Renewal application fee20
    6522.7(c)Late fee for renewal application20
    1 Actual Cost.
    End Supplemental Information

    [FR Doc. 00-20354 Filed 8-10-00; 8:45 am]

    BILLING CODE 3510-16-P

Document Information

Effective Date:
10/1/2000
Published:
08/11/2000
Department:
Patent and Trademark Office
Entry Type:
Rule
Action:
Final rule.
Document Number:
00-20354
Dates:
October 1, 2000.
Pages:
49193-49199 (7 pages)
RINs:
0651-AB01: Revision of Patent and Trademark Fees for Fiscal Year 2002
RIN Links:
https://www.federalregister.gov/regulations/0651-AB01/revision-of-patent-and-trademark-fees-for-fiscal-year-2002
Topics:
Administrative practice and procedure, Inventions and patents, Reporting and recordkeeping requirements, Small businesses
PDF File:
00-20354.pdf