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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 InfoFOR 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 InformationSUPPLEMENTARY 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 SubjectsList of Subjects in 37 CFR Part 1
- Administrative practice and procedure
- Inventions and patents
- Reporting and recordkeeping requirements
- Small businesses
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 PartPART 1—RULES OF PRACTICE IN PATENT CASES
End Part Start Amendment Part1. The authority citation for 37 CFR part 1 continues to read as follows:
End Amendment Part Start Amendment Part2. Section 1.16 is amended by revising paragraphs (a), (b), (d), and (f) through (i) to read as follows:
End Amendment PartNational 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 49196By 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
* * * * *Dated: July 14, 2000.
Q. Todd Dickinson,
Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
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
End Supplemental Information[—Indicates fees remain at FY 2000 amount]
Fee code 37 CFR Sec. Description FY 2000 FY 2001 101 1.16(a) Basic filing fee—Utility $690 $710 201 1.16(a) Basic filing fee—Utility (Small Entity) 345 355 131 1.16(a) Basic filing fee—Utility (CPA) 690 710 231 1.16(a) Basic filing fee—Utility (CPA) (Small Entity) 345 355 102 1.16(b) Independent claims in excess of three 78 80 202 1.16(b) Independent claims in excess of three (Small Entity) 39 40 103 1.16(c) Claims in excess of twenty 18 — 203 1.16(c) Claims in excess of twenty (Small Entity) 9 — 104 1.16(d) Multiple dependent claim 260 270 204 1.16(d) Multiple dependent claim (Small Entity) 130 135 105 1.16(e) Surcharge—Late filing fee 130 — 205 1.16(e) Surcharge—Late filing fee (Small Entity) 65 — 106 1.16(f) Design filing fee 310 320 206 1.16(f) Design filing fee (Small Entity) 155 160 132 1.16(f) Design filing fee (CPA) 310 320 232 1.16(f) Design filing fee (CPA) (Small Entity) 155 160 107 1.16(g) Plant filing fee 480 490 207 1.16(g) Plant filing fee (Small Entity) 240 245 133 1.16(g) Plant filing fee (CPA) 480 490 233 1.16(g) Plant filing fee (CPA) (Small Entity) 240 245 108 1.16(h) Reissue filing fee 690 710 208 1.16(h) Reissue filing fee (Small Entity) 345 355 134 1.16(h) Reissue filing fee (CPA) 690 710 234 1.16(h) Reissue filing fee (CPA) (Small Entity) 345 355 109 1.16(i) Reissue independent claims 78 80 209 1.16(i) Reissue independent claims (Small Entity) 39 40 110 1.16(j) Reissue claims in excess of twenty 18 — 210 1.16(j) Reissue claims in excess of twenty (Small Entity) 9 — 114 1.16(k) Provisional application filing fee 150 — 214 1.16(k) Provisional application filing fee (Small Entity) 75 — 127 1.16(l) Surcharge—Late provisional filing fee 50 — 227 1.16(l) Surcharge—Late provisional filing fee (Small Entity) 25 — 115 1.17(a)(1) Extension—First month 110 — 215 1.17(a)(1) Extension—First month (Small Entity) 55 — 116 1.17(a)(2) Extension—Second month 380 390 216 1.17(a)(2) Extension—Second month (Small Entity) 190 195 117 1.17(a)(3) Extension—Third month 870 890 217 1.17(a)(3) Extension—Third month (Small Entity) 435 445 118 1.17(a)(4) Extension—Fourth month 1,360 1,390 218 1.17(a)(4) Extension—Fourth month (Small Entity) 680 695 128 1.17(a)(5) Extension—Fifth month 1,850 1,890 228 1.17(a)(5) Extension—Fifth month (Small Entity) 925 945 119 1.17(b) Notice of appeal 300 310 219 1.17(b) Notice of appeal (Small Entity) 150 155 Start Printed Page 49197 120 1.17(c) Filing a brief in support of an appeal 300 310 220 1.17(c) Filing a brief in support of an appeal (Small Entity) 150 155 121 1.17(d) Request for oral hearing 260 270 221 1.17(d) Request for oral hearing (Small Entity) 130 135 179 1.17(e) Request for continued examination (RCE) 690 710 279 1.17(e) Request for continued examination (RCE) (Small Entity) 345 355 122 1.17(h) Petition—Not all inventors 130 — 122 1.17(h) Petition—Correction of inventorship 130 — 122 1.17(h) Petition—Decision on questions 130 — 122 1.17(h) Petition—Suspend rules 130 — 122 1.17(h) Petition—Expedited license 130 — 122 1.17(h) Petition—Scope of license 130 — 122 1.17(h) Petition—Retroactive license 130 — 122 1.17(h) Petition—Refusing maintenance fee 130 — 122 1.17(h) Petition—Refusing maintenance fee—expired patent 130 — 122 1.17(h) Petition—Interference 130 — 122 1.17(h) Petition—Reconsider interference 130 — 122 1.17(h) Petition—Late filing of interference 130 — 122 1.20(b) Petition—Correction of inventorship 130 — 122 1.17(h) Petition—Refusal to publish SIR 130 — 122 1.17(i) Petition—For assignment 130 — 122 1.17(i) Petition—For application 130 — 122 1.17(i) Petition—Late priority papers 130 — 122 1.17(i) Petition—Suspend action 130 — 122 1.17(i) Petition—Divisional reissues to issue separately 130 — 122 1.17(i) Petition—For interference agreement 130 — 122 1.17(i) Petition—Amendment after issue 130 — 122 1.17(i) Petition—Withdrawal after issue 130 — 122 1.17(i) Petition—Defer issue 130 — 122 1.17(i) Petition—Issue to assignee 130 — 122 1.17(i) Petition—Accord a filing date under § 1.53 130 — 122 1.17(i) Petition—Accord a filing date under § 1.62 130 — 122 1.17(i) Petition—Make application special 130 — 138 1.17(j) Petition—Public use proceeding 1,510 — 139 1.17(k) Non-English specification 130 — 140 1.17(l) Petition—Revive unavoidably abandoned appl. 110 — 240 1.17(l) Petition—Revive unavoidably abandoned appl. (Small Entity) 55 — 141 1.17(m) Petition—Revive unintentionally abandoned appl. 1,210 1,240 241 1.17(m) Petition—Revive unintent. abandoned appl. (Small Entity) 605 620 112 1.17(n) SIR—Prior to examiner's action 920 — 113 1.17(o) SIR—After examiner's action 1,840 — 126 1.17(p) Submission of an Information Disclosure Statement (§ 1.97) 240 — 123 1.17(q) Petition—Correction of inventorship (prov. app.) 50 — 123 1.17(q) Petition—Accord a filing date (prov. app.) 50 — 123 1.17(q) Petition—Entry of submission after final rejection (prov. app.) 50 — 146 1.17(r) Filing a submission after final rejection (1.129(a)) 690 710 246 1.17(r) Filing a submission after final rejection (1.129(a)) (Small Entity) 345 355 149 1.17(s) Per additional invention to be examined (1.129(b)) 690 710 249 1.17(s) Per additional invention to be examined (1.129(b)) (Small Entity) 345 355 142 1.18(a) Utility issue fee 1,210 1,240 242 1.18(a) Utility issue fee (Small Entity) 605 620 143 1.18(b) Design issue fee 430 440 243 1.18(b) Design issue fee (Small Entity) 215 220 144 1.18(c) Plant issue fee 580 600 244 1.18(c) Plant issue fee (Small Entity) 290 300 561 1.19(a)(1)(i) Patent copy 3 — 562 1.19(a)(1)(ii) Patent copy, overnight delivery to USPTO Box or overnight fax 6 — 563 1.19(a)(1)(iii) Patent copy, ordered by expedited mail or fax—exp. service 25 — 564 1.19(a)(2) Plant patent copy 15 — 565 1.19(a)(3) Copy of utility patent or SIR in color 25 — 566 1.19(b)(1)(i) Certified copy of patent application as filed 15 — 567 1.19(b)(1)(ii) Certified copy of patent application as filed, expedited 30 — 568 1.19(b)(2) Cert. or uncert. copy of patent-related file wrapper and contents 150 — 569 1.19(b)(3) Cert. or uncert. copy of document, unless otherwise provided 25 — 570 1.19(b)(4) For assignment records, abstract of title and certification 25 — 571 1.19(c) Library service 50 — 572 1.19(d) List of U.S. patents and SIRs in subclass 3 — 573 1.19(e) Uncertified statement re status of maintenance fee payment 10 — 574 1.19(f) Copy of non-U.S. document 25 — 575 1.19(g) Comparing and certifying copies, per document, per copy 25 — 576 1.19(h) Duplicate or corrected filing receipt 25 — 145 1.20(a) Certificate of correction 100 — Start Printed Page 49198 147 1.20(c) Filing a request for reexamination 2,520 — 148 1.20(d) Statutory disclaimer 110 — 248 1.20(d) Statutory disclaimer (Small Entity) 55 — 183 1.20(e) Maintenance fee—due at 3.5 years 830 850 283 1.20(e) Maintenance fee—due at 3.5 years (Small Entity) 415 425 184 1.20(f) Maintenance fee—due at 7.5 years 1,900 1,950 284 1.20(f) Maintenance fee—due at 7.5 years (Small Entity) 950 975 185 1.20(g) Maintenance fee—due at 11.5 years 2,910 2,990 285 1.20(g) Maintenance fee—due at 11.5 years (Small Entity) 1,455 1,495 186 1.20(h) Surcharge—Late payment within 6 months 130 — 286 1.20(h) Surcharge—Late payment within 6 months (Small Entity) 65 — 187 1.20(i)(1) Surcharge—Maintenance after expiration—unavoidable 700 — 188 1.20(i)(2) Surcharge—Maintenance after expiration—unintentional 1,640 — 111 1.20(j)(1) Extension of term of patent (1.740) 1,120 — 124 1.20(j)(2) Initial application for interim extension (1.790) 420 — 125 1.20(j)(3) Subsequent application for interim extension (1.790) 220 — 609 1.21(a)(1)(i) Application fee (non-refundable) 40 — 619 1.21(a)(1)(ii) Registration examination fee 310 — 610 1.21(a)(2) Registration to practice 100 — 611 1.21(a)(3) Reinstatement to practice 40 — 612 1.21(a)(4) Copy of certificate of good standing 10 — 613 1.21(a)(4) Certificate of good standing—suitable for framing 20 — 615 1.21(a)(5) Review of decision of Director, OED 130 — 616 1.21(a)(6)(i) Regrading of seven or fewer questions 230 — 620 1.21(a)(6)(ii) Regrading of eight or more questions 460 — 607 1.21(b)(1) Establish deposit account 10 — 608 1.21(b)(2) Service charge for below minimum balance 25 — 608 1.21(b)(3) Service charge for below minimum balance—restricted account 25 — 577 1.21(c) Disclosure document filing fee 10 — 578 1.21(d) Local delivery box rental, annually 50 — 579 1.21(e) International type search report 40 — 580 1.21(g) Self-service copy charge, per page .25 — 581 1.21(h) Recording each patent assignment, per property 40 — 583 1.21(i) Publication in Official Gazette 25 — 584 1.21(j) Labor charges for services, per hour or fraction thereof 40 — 585 1.21(k) Unspecified other services, excluding labor (1) — 592 1.21(k) APS-CSIR terminal session time, per hour 50 — 586 1.21(l) Retaining abandoned application 130 — 617 1.21(m) Processing returned checks 50 — 587 1.21(n) Handling fee for incomplete or improper application 130 — 588 1.21(o) APS-Text terminal session time, per hour 40 — 590 1.24 Coupons for patent and trademark copies 3 — 589 1.296 Handling fee for withdrawal of SIR 130 — 150 1.445(a)(1) Transmittal fee 240 — 153 1.445(a)(2)(i) PCT search fee—prior U.S. application 450 — 151 1.445(a)(2)(ii) PCT search fee—no U.S. application 700 — 152 1.445(a)(3) Supplemental search per additional invention 210 — 190 1.482(a)(1)(i) Preliminary examination fee—ISA was the U.S 490 — 191 1.482(a)(1)(ii) Preliminary examination fee—ISA not the U.S 750 — 192 1.482(a)(2)(i) Additional invention—ISA was the U.S 140 — 193 1.482(a)(2)(ii) Additional invention—ISA not the U.S. 270 — 956 1.492(a)(1) IPEA—U.S 670 690 957 1.492(a)(1) IPEA—U.S. (Small Entity) 335 345 958 1.492(a)(2) ISA—U.S 690 710 959 1.492(a)(2) ISA—U.S. (Small Entity) 345 355 960 1.492(a)(3) USPTO not ISA or IPEA 970 1,000 961 1.492(a)(3) USPTO not ISA or IPEA (Small Entity) 485 500 962 1.492(a)(4) Claims—IPEA 96 100 963 1.492(a)(4) Claims—IPEA (Small Entity) 48 50 970 1.492(a)(5) Filing with EPO or JPO search report 840 860 971 1.492(a)(5) Filing with EPO or JPO search report (Small Entity) 420 430 964 1.492(b) Claims—extra independent (over three) 78 80 965 1.492(b) Claims—extra independent (over three) (Small Entity) 39 40 966 1.492(c) Claims—extra total (over twenty) 18 — 967 1.492(c) Claims—extra total (over twenty) (Small Entity) 9 — 968 1.492(d) Claims—multiple dependent 260 270 969 1.492(d) Claims—multiple dependent (Small Entity) 130 135 154 1.492(e) Surcharge 130 — 254 1.492(e) Surcharge (Small Entity) 65 — 156 1.492(f) English translation after twenty or thirty months 130 — 361 2.6(a)(1) Application for registration, per class 325 — 362 2.6(a)(2) Amendment to Allege Use, per class 100 — Start Printed Page 49199 363 2.6(a)(3) Statement of Use, per class 100 — 364 2.6(a)(4) Extension for filing Statement of Use, per class 150 — 365 2.6(a)(5) Application for renewal, per class 400 — 366 2.6(a)(6) Additional fee for late renewal, per class 100 — 367 2.6(a)(7) Publication of mark under § 12(c), per class 100 — 368 2.6(a)(8) Issuing new certificate of registration 100 — 369 2.6(a)(9) Certificate of correction, registrant's error 100 — 370 2.6(a)(10) Filing disclaimer to registration 100 — 371 2.6(a)(11) Filing amendment to registration 100 — 372 2.6(a)(12) Filing section 8 affidavit, per class 100 — 373 2.6(a)(13) Filing section 15 affidavit, per class 200 — 381 2.6(a)(14) Filing a section 8 affidavit during the grace period, per class 100 — 375 2.6(a)(15) Petition to the Director 100 — 376 2.6(a)(16) Petition for cancellation, per class 300 — 377 2.6(a)(17) Notice of opposition, per class 300 — 378 2.6(a)(18) Ex parte appeal, per class 100 — 379 2.6(a)(19) Dividing an application, per new application created 100 — 382 2.6(a)(20) Correcting a deficiency in a section 8 affidavit 100 — 380 2.6(a)(21) Correcting a deficiency in a renewal application 100 — 461 2.6(b)(1)(i) Copy of registered mark 3 — 462 2.6(b)(1)(ii) Copy of registered mark, overnight delivery to USPTO box or fax 6 — 463 2.6(b)(1)(iii) Copy of reg. mark ordered by exp. mail or fax, exp. service 25 — 466 2.6(b)(2)(i) Certified copy of trademark application as filed 15 — 467 2.6(b)(2)(ii) Certified copy of trademark application as filed, expedited 30 — 468 2.6(b)(3) Cert. or uncert. copy of TM-related file wrapper and contents 50 — 464 2.6(b)(4)(i) Cert. copy of registered mark, with title or status 15 465 2.6(b)(4)(ii) Cert. copy of registered mark, with title or status—expedited 30 — 469 2.6(b)(5) Certified or uncertified copy of trademark document 25 — 481 2.6(b)(6) Recording trademark property, per mark, per document 40 — 482 2.6(b)(6) For second and subsequent marks in the same document 25 — 470 2.6(b)(7) For assignment records, abstracts of title and certification 25 — 488 2.6(b)(8) X-SEARCH terminal session time, per hour 40 — 480 2.6(b)(9) Self-service copy charge, per page 0.25 — 484 2.6(b)(10) Labor charges for services, per hour or fraction thereof 40 — 485 2.6(b)(11) Unspecified other services, excluding labor (1) — 650 2.7(a) Recordal application fee 20 — 651 2.7(b) Renewal application fee 20 — 652 2.7(c) Late fee for renewal application 20 — 1 Actual Cost. [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