[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3723 Enrolled Bill (ENR)]

        H.R.3723

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
   To authorize funds for the payment of salaries and expenses of the 
          Patent and Trademark Office, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Patent and Trademark 
Office Reauthorization Act, Fiscal Year 1999''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be made available for the payment of 
salaries and necessary expenses of the Patent and Trademark Office in 
fiscal year 1999, $66,000,000 from fees collected in fiscal year 1998 
and such fees as are collected in fiscal year 1999, pursuant to title 
35, United States Code, and the Trademark Act of 1946 (15 U.S.C. 1051 
et seq.). Amounts made available pursuant to this section shall remain 
available until expended.

SEC. 3. LEVEL OF FEES FOR PATENT SERVICES.

    (a) General Patent Fees.--Section 41 of title 35, United States 
Code, is amended by striking subsection (a) and inserting the 
following:
    ``(a) The Commissioner shall charge the following fees:
        ``(1)(A) On filing each application for an original patent, 
    except in design or plant cases, $760.
        ``(B) In addition, on filing or on presentation at any other 
    time, $78 for each claim in independent form which is in excess of 
    3, $18 for each claim (whether independent or dependent) which is 
    in excess of 20, and $260 for each application containing a 
    multiple dependent claim.
        ``(C) On filing each provisional application for an original 
    patent, $150.
        ``(2) For issuing each original or reissue patent, except in 
    design or plant cases, $1,210.
        ``(3) In design and plant cases--
            ``(A) on filing each design application, $310;
            ``(B) on filing each plant application, $480;
            ``(C) on issuing each design patent, $430; and
            ``(D) on issuing each plant patent, $580.
        ``(4)(A) On filing each application for the reissue of a 
    patent, $760.
        ``(B) In addition, on filing or on presentation at any other 
    time, $78 for each claim in independent form which is in excess of 
    the number of independent claims of the original patent, and $18 
    for each claim (whether independent or dependent) which is in 
    excess of 20 and also in excess of the number of claims of the 
    original patent.
        ``(5) On filing each disclaimer, $110.
        ``(6)(A) On filing an appeal from the examiner to the Board of 
    Patent Appeals and Interferences, $300.
        ``(B) In addition, on filing a brief in support of the appeal, 
    $300, and on requesting an oral hearing in the appeal before the 
    Board of Patent Appeals and Interferences, $260.
        ``(7) On filing each petition for the revival of an 
    unintentionally abandoned application for a patent or for the 
    unintentionally delayed payment of the fee for issuing each patent, 
    $1,210, unless the petition is filed under section 133 or 151 of 
    this title, in which case the fee shall be $110.
        ``(8) For petitions for 1-month extensions of time to take 
    actions required by the Commissioner in an application--
            ``(A) on filing a first petition, $110;
            ``(B) on filing a second petition, $270; and
            ``(C) on filing a third petition or subsequent petition, 
        $490.
        ``(9) Basic national fee for an international application where 
    the Patent and Trademark Office was the International Preliminary 
    Examining Authority and the International Searching Authority, 
    $670.
        ``(10) Basic national fee for an international application 
    where the Patent and Trademark Office was the International 
    Searching Authority but not the International Preliminary Examining 
    Authority, $760.
        ``(11) Basic national fee for an international application 
    where the Patent and Trademark Office was neither the International 
    Searching Authority nor the International Preliminary Examining 
    Authority, $970.
        ``(12) Basic national fee for an international application 
    where the international preliminary examination fee has been paid 
    to the Patent and Trademark Office, and the international 
    preliminary examination report states that the provisions of 
    Article 33(2), (3), and (4) of the Patent Cooperation Treaty have 
    been satisfied for all claims in the application entering the 
    national stage, $96.
        ``(13) For filing or later presentation of each independent 
    claim in the national stage of an international application in 
    excess of 3, $78.
        ``(14) For filing or later presentation of each claim (whether 
    independent or dependent) in a national stage of an international 
    application in excess of 20, $18.
        ``(15) For each national stage of an international application 
    containing a multiple dependent claim, $260.
For the purpose of computing fees, a multiple dependent claim referred 
to in section 112 of this title or any claim depending therefrom shall 
be considered as separate dependent claims in accordance with the 
number of claims to which reference is made. Errors in payment of the 
additional fees may be rectified in accordance with regulations of the 
Commissioner.''.
    (b) Patent Maintenance Fees.--Section 41 of title 35, United States 
Code, is amended by striking subsection (b) and inserting the 
following:
    ``(b) The Commissioner shall charge the following fees for 
maintaining in force all patents based on applications filed on or 
after December 12, 1980:
        ``(1) 3 years and 6 months after grant, $940.
        ``(2) 7 years and 6 months after grant, $1,900.
        ``(3) 11 years and 6 months after grant, $2,910.
Unless payment of the applicable maintenance fee is received in the 
Patent and Trademark Office on or before the date the fee is due or 
within a grace period of 6 months thereafter, the patent will expire as 
of the end of such grace period. The Commissioner may require the 
payment of a surcharge as a condition of accepting within such 6-month 
grace period the payment of an applicable maintenance fee. No fee may 
be established for maintaining a design or plant patent in force.''.

SEC. 4. AUTHORIZATION OF COLLECTION AND EXPENDITURE.

    Section 42(c) of title 35, United States Code, is amended by 
striking the first sentence and inserting the following: ``To the 
extent and in the amounts provided in advance in appropriations Acts, 
fees authorized in this title or any other Act to be charged or 
established by the Commissioner shall be collected by and shall be 
available to the Commissioner to carry out the activities of the Patent 
and Trademark Office.''.

SEC. 5. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
October 1, 1998.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.