[Congressional Record Volume 144, Number 59 (Tuesday, May 12, 1998)]
[House]
[Pages H3040-H3042]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 UNITED STATES PATENT AND TRADEMARK OFFICE REAUTHORIZATION ACT, FISCAL 
                               YEAR 1999

  Mr. COBLE. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3723) to authorize funds for the payment of salaries and expenses 
of the Patent and Trademark Office, and for other purposes, as amended.
  The Clerk read as follows:

[[Page H3041]]

                               H.R. 3723

       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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
North Carolina (Mr. Coble) and the gentleman from Massachusetts (Mr. 
Frank) each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina (Mr. Coble).


                             General Leave

  Mr. COBLE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on H.R. 3723.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  Mr. COBLE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, enactment of H.R. 3723, the U.S. Patent and Trademark 
Office Reauthorization Act for Fiscal Year 1999, will ensure that users 
of the Patent and Trademark Office who pay for its operation are 
getting their money's worth.
  The bill before us today increases the Patent and Trademark Office's 
individual filing and maintenance fees by approximately $132 million to 
allow the agency to operate at 100 percent of its required needs, as 
outlined by the administration, but it does not provide additional 
monies to use for other nonPatent and Trademark Office purposes. The 
result of this change would actually lower patent and trademark fees 
for the first time in history and will result in a savings of 
approximately $50 million in fees charged to the inventors of America.
  In addition, Mr. Speaker, the bill before us contains a technical 
amendment that has been suggested by the appropriators for scoring 
purposes. I believe we must assist the men and women who pay the fees 
that enable the Patent and Trademark Office to operate. They are the 
ones who contributed an element of inventiveness to our economy that 
would otherwise be nonexistent.
  I therefore urge the Committee to report H.R. 3723 favorably to the 
full House.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FRANK of Massachusetts. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, I agree with what my friend the gentleman from North 
Carolina (Mr. Coble) has said.
  I would just want to underline; Members will remember that we debated 
a patent bill earlier in this Congress. It was contentious. Many of the 
issues that become disagreements in setting patent policy are either 
created or exacerbated by delays in the process. To the extent that we 
adequately fund that office, and this bill will increase the guarantee 
that that happens because it raises funds and dedicates them to that 
office, to the extent that the Patent Office is well-funded and can act 
expeditiously, a number of the disputes we have had will diminish, many 
of them will, over time and over delay.
  So this is a very important piece of legislation. It responds to the 
need of our economy and our intellectual processes for the 
encouragement of invention. I hope the bill is passed.

[[Page H3042]]

  Mr. Speaker, I yield back the balance of my time.
  Mr. COBLE. Mr. Speaker, I have no requests for time, and I too yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from North Carolina (Mr. Coble) that the House suspend the 
rules and pass the bill, H.R. 3723, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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