[105th Congress Public Law 358]
[From the U.S. Government Printing Office]
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[DOCID: f:publ358.105]
[[Page 3271]]
UNITED STATES PATENT AND TRADEMARK OFFICE REAUTHORIZATION ACT, FISCAL
YEAR 1999
[[Page 112 STAT. 3272]]
Public Law 105-358
105th Congress
An Act
To authorize funds for the payment of salaries and expenses of the
Patent and Trademark Office, and for other purposes. <<NOTE: Nov. 10,
1998 - [H.R. 3723]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: United States
Patent and Trademark Office Reauthorization Act, Fiscal Year 1999.>>
SECTION 1. SHORT TITLE. <<NOTE: 35 USC 1 note.>>
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
[[Page 112 STAT. 3273]]
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:
[[Page 112 STAT. 3274]]
``(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. <<NOTE: 35 USC 41 note.>>
This Act and the amendments made by this Act shall take effect on
October 1, 1998.
Approved November 10, 1998.
LEGISLATIVE HISTORY--H.R. 3723:
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HOUSE REPORTS: No. 105-528 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 144 (1998):
May 12, considered and passed House.
Oct. 14, considered and passed Senate.
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