[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Notices]
[Pages 59115-59116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24672]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No. PTO-P-2011-0049]


Notice of Availability of Patent Fee Changes Under the Leahy-
Smith America Invents Act

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice of availability.

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SUMMARY: The United States Patent and Trademark Office (USPTO) is

[[Page 59116]]

publishing this notice to advise the public of the availability, on the 
USPTO's Web site, of the patent fee amounts that will be in effect ten 
days after the date of enactment of the Leahy-Smith America Invents Act 
(i.e., September 26, 2011) by operation of the fifteen percent 
surcharge provided for in section 11(i) and the prioritized examination 
fee provided for in Section 11(h). The USPTO's Web site also specifies 
the additional fee for applications not filed by electronic means in 
effect sixty days after the date of enactment of the Leahy-Smith 
America Invents Act (i.e., November 15, 2011) by operation of section 
10(h). The USPTO's Web site for fee information is http://www.uspto.gov/about/offices/cfo/finance/fees.jsp.

FOR FURTHER INFORMATION CONTACT: By telephone to James J. Engel, at 
(571) 272-7725, or Susy Tsang-Foster, at 571-272-7711; or by mail 
addressed to: United States Patent and Trademark Office, Mail Stop 
Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, 
VA 22313-1450, marked to the attention of James J. Engel or Susy Tsang-
Foster.

    Authority:  Pub. L. 112-29.

SUPPLEMENTARY INFORMATION: Sections 11(a) through (e) of the Leahy-
Smith America Invents Act generally codify the patent fee provisions of 
the fiscal year 2005 Consolidated Appropriations Act (Pub. L. 108-447), 
with the patent fee amounts in effect on the date of enactment of the 
Leahy-Smith America Invents Act. Sections 11(a) through (e) of the 
Leahy-Smith America Invents Act also delete provisions pertaining to 
applicant-provided search reports and search reports acquired from a 
qualified search authority, and reorganize a few of the patent fee 
provisions of the fiscal year 2005 Consolidated Appropriations Act. The 
Leahy-Smith America Invents Act includes the following additional 
changes to patent fees:
    First, section 11(i) of the Leahy-Smith America Invents Act 
provides that there shall be a surcharge of 15 percent, rounded by 
standard arithmetic rules, on all fees charged or authorized by 35 
U.S.C. 41(a), (b) and (d)(1), as well as by 35 U.S.C. 132(b). Section 
11(i) also provides that this 15 percent surcharge is effective ten 
days after the date of enactment of the Leahy-Smith America Invents Act 
(i.e., September 26, 2011).
    Second, section 11(h) of the Leahy-Smith America Invents Act 
includes provisions for prioritized examination, which include a fee of 
$4,800 ($2,400 for small entities). Section 11(h) also provides that 
the prioritized examination provisions are effective ten days after the 
date of enactment of the Leahy-Smith America Invents Act (i.e., 
September 26, 2011).
    Third, section 10(h) of the Leahy-Smith America Invents Act 
provides that an additional fee of $400 shall be established for each 
application for an original (i.e., non-reissue) patent, except for a 
design, plant, or provisional application, that is not filed by 
electronic means as prescribed by the Director of the United States 
Patent and Trademark Office (USPTO). Section 10(h) also provides that 
this fee is reduced by 50 percent for small entities under 35 U.S.C. 
41(h)(1). Additionally, section 10(h) provides that this new fee is 
effective sixty days after the date of enactment of the Leahy-Smith 
America Invents Act (i.e., November 15, 2011).
    The USPTO is publishing this notice to advise the public of the 
availability, on the USPTO's Web site, of the patent fee amounts that 
will be in effect ten days after the date of enactment of the Leahy-
Smith America Invents Act by operation of the fifteen percent surcharge 
provided for in section 11(i) and the prioritized examination fee 
provided for in Section 11(h). The USPTO's Web site also specifies the 
additional fee for applications not filed by electronic means in effect 
sixty days after the date of enactment of the Leahy-Smith America 
Invents Act by operation of section 10(h). The USPTO's Web site for fee 
information is http://www.uspto.gov/about/offices/cfo/finance/fees.jsp.
    The fees for the new programs provided for in the Leahy-Smith 
America Invents Act (e.g., post-grant review, inter partes review, 
supplemental examination) and other fee changes authorized by the 
Leahy-Smith America Invents Act will be implemented in separate rule 
makings. The prioritized examination provisions of section 11(h) of the 
Leahy-Smith America Invents Act will be implemented in a separate final 
rule making.

    Dated: September 21, 2011.
Deborah S. Cohn,
Commissioner for Trademarks.
[FR Doc. 2011-24672 Filed 9-22-11; 8:45 am]
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