[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
[Rules and Regulations]
[Pages 58282-58283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20634]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Parts 1, 11, 41, and 42

[Docket No. PTO-P-2018-0031]
RIN 0651-AD31


Setting and Adjusting Patent Fees During Fiscal Year 2020

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Final rule; correction.

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SUMMARY: The United States Patent and Trademark Office (Office or 
USPTO) makes corrections to a final rule that set or adjusted patent 
fees that was published on August 3, 2020. This rule fixes 
typographical errors and makes other nonsubstantive changes to improve 
clarity in the regulations.

DATES: This correction is effective October 2, 2020.

FOR FURTHER INFORMATION CONTACT: Brendan Hourigan, Director of the 
Office of Planning and Budget, by telephone at 571-272-8966; or Dianne 
Buie, Director, Forecasting and Analysis Division, by telephone at 571-
272-6301.

SUPPLEMENTARY INFORMATION:

Rulemaking Considerations

    A. Administrative Procedure Act: This rulemaking corrects 
typographical and format errors in a rulemaking setting and adjusting 
patent fees. The changes in this rulemaking involve rules of agency 
practice and procedure and/or interpretive rules. See Perez v. Mortg. 
Bankers Ass'n, 135 S. Ct. 1199, 1204 (2015) (Interpretive rules 
``advise the public of the agency's construction of the statutes and 
rules which it administers.'' (citation and internal quotation marks 
omitted)); Nat'l Org. of Veterans' Advocates v. Sec'y of Veterans 
Affairs, 260 F.3d 1365, 1375 (Fed. Cir. 2001) (rule that clarifies 
interpretation of a statute is interpretive); Bachow Commc'ns Inc. v. 
FCC, 237 F.3d 683, 690 (D.C. Cir. 2001) (Rules governing an application 
process are procedural under the Administrative Procedure Act.); Inova 
Alexandria Hosp. v. Shalala, 244 F.3d 342, 350 (4th Cir. 2001) (Rules 
for handling appeals were procedural where they did not change the 
substantive standard for reviewing claims.).
    Accordingly, prior notice and opportunity for public comment for 
the changes in this rulemaking are not required pursuant to 5 U.S.C. 
553(b) or (c), or any other law. See Perez, 135 S. Ct. at 1206 (Notice 
and comment procedures are required neither when an agency ``issue[s] 
an initial interpretive rule'' nor ``when it amends or repeals that 
interpretive rule.''); Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1336-
37 (Fed. Cir. 2008) (stating that 5 U.S.C. 553, and thus 35 U.S.C. 
2(b)(2)(B), do not require notice and comment rulemaking for 
``interpretative rules, general statements of policy, or rules of 
agency organization, procedure, or practice'' (quoting 5 U.S.C. 
553(b)(A))).
    The 30-day delay in effectiveness is not applicable because this 
rule is not a substantive rule, as the changes in this rule have no 
impact on the standard for reviewing patent applications. As discussed 
above, the changes in this rulemaking involve correcting typographic 
errors in the final rule published on August 3, 2020. These changes are 
administrative in nature and will have no substantive impact on the 
evaluation of a patent application. The purpose of a delay in 
effectiveness is to allow affected parties time to modify their 
behaviors, businesses, or practices to come into compliance with new 
regulations. This rule imposes no additional requirements on the 
affected entities. Therefore, the requirement for a 30-day delay in 
effectiveness is not applicable, and the rule is made effective on 
October 2, 2020.
    B. Regulatory Flexibility Act: As prior notice and an opportunity 
for public comment are not required pursuant to 5 U.S.C. 553 or any 
other law, neither a Regulatory Flexibility Act analysis nor a

[[Page 58283]]

certification under the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.) is required. See 5 U.S.C. 603.
    C. Executive Order 12866 (Regulatory Planning and Review): This 
rulemaking has been determined to be not significant for purposes of 
Executive Order 12866 (Sept. 30, 1993).
    D. Executive Order 13771 (Reducing Regulation and Controlling 
Regulatory Costs): This rule is not an Executive Order 13771 regulatory 
action because this rule is not significant.

Corrections

    In FR Doc. 2020-16559, appearing on page 46932 in the Federal 
Register of Monday, August 3, 2020, the following corrections are made:

0
1. On page 46975, in the first column, the first sentence under the 
heading ``Section 1.21'' is revised to read ``Section 1.21 is amended 
by revising paragraphs (a)(1), (2), and (5), (a)(9)(ii), and (a)(10), 
(k), (n), (o), and (q) to set forth miscellaneous fees and charges as 
authorized under section 10 of the Act.''
0
2. On page 46979, in the first column, the text reading ``[INSERT DATE 
60 DAYS AFTER DATE OF PUBLICATION IN THE Federal Register]'' is revised 
to read ``October 2, 2020''.


Sec.  1.17   [Corrected]

0
3. In the amendment to Sec.  1.17:
0
a. On page 46987, in the first column, in paragraph (a)(2), in Table 2 
to Paragraph (a)(2), the second entry in the second column, ``320.0'', 
is corrected to read ``320.00''.
0
b. On page 46987, in the second column, paragraph (f) introductory text 
is corrected to read ``(f) For filing a petition under one of the 
following sections that refers to this paragraph (f):''.
0
c. On page 46987, in the second column, paragraph (f) is corrected by 
adding periods at the end of each item listed below Table 10 to 
Paragraph (f).
0
d. On page 46987, in the second column and continuing into the third 
column, paragraph (g) is corrected by adding periods at the end of each 
item listed below Table 11 to Paragraph (g).
0
e. On page 46987, in the third column, paragraph (i)(2) introductory 
text is corrected to read ``(2) For taking action under one of the 
following sections that refers to this paragraph (i)(2):''.
0
f. On page 46987, in the third column, paragraph (i)(2) is corrected by 
adding periods at the end of each item listed below Table 14 to 
Paragraph (i)(2).
0
g. On page 46988, in the first column, paragraph (q) introductory text 
is corrected to read: ``(q) Processing fee for taking action under one 
of the following sections that refers to this paragraph (q): $50.00.''.
0
h. On page 46988, in the first column, paragraph (q) is corrected by 
adding periods at the end of each item listed after the introductory 
text.


Sec.  1.18  [Corrected]

0
4. On page 46988, in the second column, in Sec.  1.18, paragraphs 
(d)(3), (e), and (f) are corrected to read as follows:


Sec.  1.18  Patent post allowance (including issue) fees.

* * * * *
    (d) * * *

(3) Republication fee (Sec.   1.221(a)).................         $320.00
(e) For filing an application for patent term adjustment          210.00
 under Sec.   1.705.....................................
(f) For filing a request for reinstatement of all or              420.00
 part of the term reduced pursuant to Sec.   1.704(b) in
 an application for a patent term adjustment under Sec.
  1.705.................................................
 

Sec.  1.20  [Corrected]

0
5. In the amendments to Sec.  1.20:
0
a. On page 46988, in the third column, paragraphs (c)(1)(i)(A) through 
(D) and (c)(1)(ii)(A) are corrected by adding a semicolon at the end of 
each paragraph.
0
b. On page 46988, in the third column, paragraph (c)(1)(i)(E) is 
corrected to read ``(E) Margins that conform to the requirements of 
Sec.  1.52(a)(1)(ii); and''.
0
c. On page 46988, in the third column, paragraph (c)(1)(i)(F) is 
corrected by adding a period at the end of the paragraph.
0
d. On page 46988, in the third column, paragraph (c)(1)(ii)(B) is 
corrected to read ``The copy of the entire patent for which 
reexamination is requested pursuant to Sec.  1.510(b)(4); and''.
0
e. On page 46988, in the third column, paragraph (c)(1)(ii)(C) is 
corrected by adding a period at the end of the paragraph.
0
f. On page 46989, in the first column, in paragraph (c)(7), Table 6 to 
Paragraph (c)(7) is revised to read as follows:

                       Table 6 to Paragraph (c)(7)
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By a micro entity (Sec.   1.29).........................         $945.00
By a small entity (Sec.   1.27(a))......................        1,890.00
By other than a small or micro entity...................        3,780.00
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0
6. On page 46989, in the third column, amendatory instruction 7 is 
corrected by removing instruction 7c and redesignating instructions 7d 
through f as instructions 7c through e.

0
7. On page 46991, in the first column, in Sec.  1.445, paragraph (a)(6) 
is corrected to read:


Sec.  1.445  International application filing, processing and search 
fees.

    (a) * * *
    (6) Late payment fee pursuant to PCT Rule 16bis.2.
* * * * *

    Dated: September 14, 2020.
Andrei Iancu,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2020-20634 Filed 9-17-20; 8:45 am]
BILLING CODE 3510-16-P