[Federal Register Volume 72, Number 188 (Friday, September 28, 2007)]
[Rules and Regulations]
[Page 55055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19326]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 1

[Docket No. PTO-C-2006-0015]
RIN 0651-AB81


Revision of Patent Fees for Fiscal Year 2007

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Final rule; correction.

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SUMMARY: The United States Patent and Trademark Office (Office) 
published a final rule in the Federal Register of August 22, 2007, 
adjusting patent fees for fiscal year 2007 to reflect fluctuations in 
the Consumer Price Index (CPI). This document corrects errors in that 
final rule.

EFFECTIVE DATE: September 30, 2007.

FOR FURTHER INFORMATION CONTACT: Richard R. Cole, Senior Legal 
Examiner, Office of PCT Legal Administration (OPCTLA) directly by 
telephone at (571) 272-3281, or by facsimile at (571) 273-0459.

SUPPLEMENTARY INFORMATION: The Office published a final rule in the 
Federal Register of August 22, 2007 (72 FR 46899), entitled ``Revision 
of Patent Fees for Fiscal Year 2007.'' In that final rule, there was a 
mathematical error in the computation of fees payable under 37 CFR 
1.17(a)(4) and (a)(5). This document amends the final rule with the 
correct fees. Additionally, the text of existing 37 CFR 1.492(b)(2) 
through (b)(4) was inadvertently changed in that final rule. This 
document corrects the text of 37 CFR 1.492(b)(2) through (b)(4) in that 
final rule.
    Section 553(d) of the Administrative Procedure Act (5 U.S.C. 
553(d)) ordinarily requires a 30-day delay in the effective date of 
final rules after the date of their publication in the Federal 
Register. This 30-day delay in effective date can be waived, however, 
if an agency finds for good cause that the delay is impracticable, 
unnecessary, or contrary to the public interest. The changes in 37 CFR 
1.17(a)(4) and (a)(5) reflect a technical error in the computation of 
the payable fee. The changes in 37 CFR 1.492(b)(2) through (b)(4) do 
not change the fee amounts from the final rule published on August 22, 
2007, but merely correct the language consistent with the existing and 
intended text. The Office finds it impracticable to have a 30-day 
delayed effective date for these technical corrections as the Office 
must charge the correct fees as of the effective date. Furthermore, the 
Office finds that it is in the public's interest to correct the changes 
in text where no change is intended. Therefore, the Office is waiving 
the 30-day delay in effective date for the technical and computational 
corrections in this notice.

0
In rule FR Doc. E7-16574, August 22, 2007 (72 FR 46899), make the 
following corrections:


Sec.  1.17  [Corrected]

0
1. On page 46902, in the first column, Sec.  1.17(a)(4) through (a)(5) 
are corrected to read as follows:


Sec.  1.17  Patent application and reexamination processing fee.

    (a) * * *
    (4) For reply within fourth month:

By a small entity (Sec.   1.27(a)).........................      $820.00
By other than a small entity...............................    $1,640.00
 

    (5) For reply within fifth month:

By a small entity (Sec.   1.27(a)).........................    $1,115.00
By other than a small entity...............................    $2,230.00
 

* * * * *


Sec.  1.492  [Corrected]

0
2. On page 46902, in the third column, Sec.  1.492(b)(2) through (b)(4) 
are corrected to read as follows:


Sec.  1.492  National stage fees.

* * * * *
    (b) * * *
    (2) If the 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.   1.27(a))..........................      $50.00
By other than a small entity................................     $100.00
 

    (3) If an international search report on the international 
application has been prepared by an International Searching Authority 
other than the United States International Searching Authority and is 
provided, or has been previously communicated by the International 
Bureau, to the Office:

By a small entity (Sec.   1.27(a))..........................     $205.00
By other than a small entity................................     $410.00
 

    (4) In all situations not provided for in paragraphs (b)(1), 
(b)(2), or (b)(3) of this section:

By a small entity (Sec.   1.27(a))..........................     $255.00
By other than a small entity................................     $510.00
 

* * * * *

    Dated: September 25, 2007.
Barry K. Hudson,
Chief Financial Officer.
[FR Doc. E7-19326 Filed 9-27-07; 8:45 am]
BILLING CODE 3510-16-P