Based on Title 35, U.S.C., 1946 ed., § 78 (R.S. 4934, amended (1) May 27, 1908, ch. 200, § 1 (part), 35 Stat. 317, 343; (2) June 25, 1910, ch. 414, § 2, 35 Stat. 843; (3) Feb. 18, 1922, ch. 58, § 9, 42 Stat. 389, 393; (4) Feb. 14, 1927, ch. 139, § 2, 44 Stat. 1098, 1099; (5) Mar. 2, 1927, ch. 273, § 13, 44 Stat. 1335, 1337; (6) April 11, 1930, ch. 132, § 3, 46 Stat. 155; (7) June 30, 1932, ch. 314, §§ 308, 309, 47 Stat. 382, 410; (8) Aug. 9, 1939, ch. 619, § 3, 53 Stat. 1293; July 5, 1946, ch. 541, § 301 (part), 60 Stat. 446, 471).
The items in the schedule of fees are rearranged in a few instances and are numbered for convenient reference.
The obsolete fee for appeal from the examiners of interferences to the Board of Appeals is omitted.
The fee for appeal to the Board of Appeals is changed from $15 to $25.
Two provisos in the corresponding section of the existing statute have been made separate sections, see sections 12 and 13.
The fee for a certificate is changed from 50 cents to $1 to correspond to the same fee in the trade-mark statute.
A new item (8) is added to go with section 205.
An omnibus item to take care of miscellaneous minor fees is added; in view of this, two items in the present schedule are omitted.
The fee for reissue applications is changed slightly.
Section 3 of the Small Business Act, referred to in subsec. (h)(1), is classified to section 632 of Title 15, Commerce and Trade.
2022—Subsec. (h)(1). Pub. L. 117–328, § 107(a)(1), substituted “60 percent” for “50 percent”.
Subsec. (h)(3). Pub. L. 117–328, § 107(a)(2), substituted “80 percent” for “75 percent”.
Subsec. (j). Pub. L. 117–328, § 107(b)(1), added subsec. (j).
2012—Subsec. (a)(7). Pub. L. 112–211, § 202(b)(1)(A), added par. (7) and struck out former par. (7). Prior to amendment, text read as follows: “On filing each petition for the revival of an unintentionally abandoned application for a patent, for the unintentionally delayed payment of the fee for issuing each patent, or for an unintentionally delayed response by the patent owner in any reexamination proceeding, $1,620, unless the petition is filed under section 133 or 151, in which case the fee shall be $540.”
Subsec. (c)(1). Pub. L. 112–211, § 202(b)(1)(B), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “The Director may accept the payment of any maintenance fee required by subsection (b) of this section which is made within twenty-four months after the six-month grace period if the delay is shown to the satisfaction of the Director to have been unintentional, or at any time after the six-month grace period if the delay is shown to the satisfaction of the Director to have been unavoidable. The Director may require the payment of a surcharge as a condition of accepting payment of any maintenance fee after the six-month grace period. If the Director accepts payment of a maintenance fee after the six-month grace period, the patent shall be considered as not having expired at the end of the grace period.”
2011—Subsecs. (a), (b). Pub. L. 112–29, § 11(a), amended subsecs. (a) and (b) generally. Prior to amendment, subsecs. (a) and (b) required the Director to charge certain fees for filing applications, disclaimers, petitions, and appeal documents, presenting claims, and issuing patents, and to charge certain fees for maintaining in force patents based on applications filed on or after
Subsec. (c). Pub. L. 112–29, § 11(b), inserted subsec. heading and headings of pars. (1) and (2).
Subsec. (d). Pub. L. 112–29, § 11(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The Director shall establish fees for all other processing, services, or materials relating to patents not specified in this section to recover the estimated average cost to the Office of such processing, services, or materials, except that the Director shall charge the following fees for the following services:
“(1) For recording a document affecting title, $40 per property.
“(2) For each photocopy, $.25 per page.
“(3) For each black and white copy of a patent, $3.
The yearly fee for providing a library specified in section 13 of this title with uncertified printed copies of the specifications and drawings for all patents in that year shall be $50.”
Subsec. (e). Pub. L. 112–29, § 20(j), struck out “of this title” after “132”.
Pub. L. 112–29, § 11(e)(1), inserted heading.
Subsec. (f). Pub. L. 112–29, § 11(e)(2), inserted heading.
Subsec. (g). Pub. L. 112–29, § 11(e)(3), struck out subsec. (g) which read as follows: “No fee established by the Director under this section shall take effect until at least 30 days after notice of the fee has been published in the Federal Register and in the Official Gazette of the Patent and Trademark Office.”
Subsec. (h). Pub. L. 112–29, § 11(d), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows:
“(h)(1) Fees charged under subsection (a) or (b) shall be reduced by 50 percent with respect to their application to any small business concern as defined under section 3 of the Small Business Act, and to any independent inventor or nonprofit organization as defined in regulations issued by the Director.
“(2) With respect to its application to any entity described in paragraph (1), any surcharge or fee charged under subsection (c) or (d) shall not be higher than the surcharge or fee required of any other entity under the same or substantially similar circumstances.”
Subsec. (i). Pub. L. 112–29, § 11(e)(4), inserted subsec. heading and headings of pars. (1) to (4).
2002—Subsec. (a). Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below.
1999—Subsec. (a). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273, substituted “Director” for “Commissioner” in introductory and concluding provisions.
Subsec. (a)(1)(A), (4)(A). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4202(a), (b)], substituted “$690” for “$760”.
Subsec. (a)(7). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4605(a)], amended par. (7) generally. Prior to amendment, par. (7) read as follows: “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.”
Subsec. (a)(8). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], substituted “Director” for “Commissioner” in introductory provisions.
Subsec. (a)(10). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4202(c)], substituted “$690” for “$760”.
Subsec. (b). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], substituted “Director” for “Commissioner” in introductory and concluding provisions.
Subsec. (b)(1). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4202(d)], substituted “$830” for “$940”.
Subsecs. (c) to (g). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], substituted “Director” for “Commissioner” wherever appearing.
Subsec. (h)(1). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(5)], substituted “Director” for “Commissioner of Patents and Trademarks”.
Subsec. (i)(1). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4804(d)(1)], substituted “paper, microform, or electronic” for “paper or microform”.
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)] substituted “Director” for “Commissioner” in two places.
Subsec. (i)(2) to (4). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], substituted “Director” for “Commissioner” wherever appearing.
1998—Subsec. (a). Pub. L. 105–358, § 3(a), added subsec. (a) and struck out former subsec. (a) which listed fees for patent services.
Subsec. (b). Pub. L. 105–358, § 3(b), added subsec. (b) and struck out former subsec. (b) which read as follows: “The Commissioner shall charge the following fees for maintaining in force all patents based on applications filed on or after
“(1) 3 years and 6 months after grant, $650.
“(2) 7 years and 6 months after grant, $1,310.
“(3) 11 years and 6 months after grant, $1,980.
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 six 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 six-month grace period the late payment of an applicable maintenance fee. No fee will be established for maintaining a design or plant patent in force.”
1994—Subsec. (a)(1)(C). Pub. L. 103–465, § 532(b)(2), added subpar. (C).
Subsec. (c)(2). Pub. L. 103–465, § 533(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “No patent, the term of which has been maintained as a result of the acceptance of a payment of a maintenance fee under this subsection, shall abridge or affect the right of any person or his successors in business who made, purchased or used after the six-month grace period but prior to the acceptance of a maintenance fee under this subsection anything protected by the patent, to continue the use of, or to sell to others to be used or sold, the specific thing so made, purchased, or used. The court before which such matter is in question may provide for the continued manufacture, use or sale of the thing made, purchased, or used as specified, or for the manufacture, use or sale of which substantial preparation was made after the six-month grace period but before the acceptance of a maintenance fee under this subsection, and it may also provide for the continued practice of any process, practiced, or for the practice of which substantial preparation was made, after the six-month grace period but prior to the acceptance of a maintenance fee under this subsection, to the extent and under such terms as the court deems equitable for the protection of investments made or business commenced after the six-month grace period but before the acceptance of a maintenance fee under the subsection.”
1992—Subsec. (c)(1). Pub. L. 102–444 inserted after “section” in first sentence “which is made within twenty-four months after the six-month grace period if the delay is shown to the satisfaction of the Commissioner to have been unintentional, or at any time”.
1991—Pub. L. 102–204, § 5(d)(2)(A), inserted “; patent and trademark search systems” after “fees” in section catchline.
Subsec. (a). Pub. L. 102–204, § 5(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Commissioner shall charge the following fees:
“1. On filing each application for an original patent, except in design or plant cases, $300; in addition, on filing or on presentation at any other time, $30 for each claim in independent form which is in excess of three, $10 for each claim (whether independent or dependent) which is in excess of twenty, and $100 for each application containing a multiple dependent claim. For the purpose of computing fees, a multiple dependent claim as 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.
“2. For issuing each original or reissue patent, except in design or plant cases, $500.
“3. In design and plant cases:
“a. On filing each design application, $125.
“b. On filing each plant application, $200.
“c. On issuing each design patent, $175.
“d. On issuing each plant patent, $250.
“4. On filing each application for the reissue of a patent, $300; in addition, on filing or on presentation at any other time, $30 for each claim in independent form which is in excess of the number of independent claims of the original patent, and $10 for each claim (whether independent or dependent) which is in excess of twenty and also in excess of the number of claims of the original patent. Errors in payment of the additional fees may be rectified in accordance with regulations of the Commissioner.
“5. On filing each disclaimer, $50.
“6. On filing an appeal from the examiner to the Board of Patent Appeals and Interferences, $115; in addition, on filing a brief in support of the appeal, $115, and on requesting an oral hearing in the appeal before the Board of Patent Appeals and Interferences, $100.
“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, $500, unless the petition is filed under sections 133 or 151 of this title, in which case the fee shall be $50.
“8. For petitions for one-month extensions of time to take actions required by the Commissioner in an application:
“a. On filing a first petition, $50.
“b. On filing a second petition, $100.
“c. On filing a third or subsequent petition, $200.”
Subsec. (b). Pub. L. 102–204, § 5(a)(2), substituted “in force all patents based on applications filed on or after
“(1) 3 years and 6 months after grant, $650.
“(2) 7 years and 6 months after grant, $1,310.
“(3) 11 years and 6 months after grant, $1,980.”
for “a patent in force:
“1. Three years and six months after grant, $400.
“2. Seven years and six months after grant, $800.
“3. Eleven years and six months after grant, $1,200.”
Subsec. (d). Pub. L. 102–204, § 5(a)(3), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The Commissioner will establish fees for all other processing, services, or materials related to patents not specified above to recover the estimated average cost to the Office of such processing, services, or materials. The yearly fee for providing a library specified in section 13 of this title with uncertified printed copies of the specifications and drawings for all patents issued in that year will be $50.”
Subsec. (f). Pub. L. 102–204, § 5(b), substituted “on
Subsec. (g). Pub. L. 102–204, § 5(c)(1), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “No fee established by the Commissioner under this section will take effect prior to sixty days following notice in the Federal Register.”
Subsec. (i). Pub. L. 102–204, § 5(d)(1), added subsec. (i).
1986—Subsec. (h). Pub. L. 99–607 added subsec. (h).
1984—Subsec. (a)(6). Pub. L. 98–622 substituted “Patent Appeals and Interferences” for “Appeals” in two places and inserted “in the appeal” after “oral hearing”.
1982—Subsec. (a). Pub. L. 97–247, § 3(a), substituted provisions setting a schedule of fees for provisions which had directed that the Commissioner establish fees for the processing of an application for a patent, from filing through disposition by issuance or abandonment, for maintaining a patent in force, and for providing all other services and materials related to patents and that fee would be established for maintaining a design patent in force.
Pub. L. 97–256, § 101(1), struck out “of Patents” after “Commissioner”.
Subsec. (b). Pub. L. 97–247, § 3(b), substituted provisions setting a fee schedule for maintaining a patent in force for provisions which had directed that, fees for the actual processing of an application for a patent, other than for a design patent, from filing through disposition by issuance or abandonment, were to recover in aggregate 25 per centum of the estimated average cost to the Office of such processing and that fees for the processing of an application for a design patent, from filing through disposition by issuance or abandonment, were to recover in aggregate 50 per centum of the estimated average cost to the Office of such processing.
Pub. L. 97–256, § 101(2), substituted “
Subsec. (c). Pub. L. 97–247, § 3(c), substituted maintenance provisions for provisions which had directed that fees for maintaining patents in force were to recover 25 per centum of the estimated cost to the Office, for the year in which such maintenance fees were received, of the actual processing all applications for patents, other than for design patents, from filing through disposition by issuance or abandonment, that fees for maintaining a patent in force would be due three years and six months, seven years and six months, and eleven years and six months after the grant of the patent, that unless payment of the applicable maintenance fee was received in the Patent and Trademark Office on or before the date the fee was due or within a grace period of six months thereafter, the patent would expire as of the end of such grace period, and that the Commissioner could require the payment of a surcharge as a condition of accepting within such six-month grace period the late payment of an applicable maintenance fee.
Pub. L. 97–256, § 101(3), substituted “
Subsec. (d). Pub. L. 97–247, § 3(d), substituted provisions relating to fees for all other processing services or materials relating to patents not previously specified for provisions directing that fees for all other services or materials related to patents were to recover the estimated average cost to the Office of performing the service or furnishing the material.
Pub. L. 97–256, § 101(4), substituted “
Subsec. (f). Pub. L. 97–247, § 3(e), substituted provisions relating to the adjustment of fees to reflect CPI fluctuations for provisions directing that fees were to be adjusted by the Commissioner to achieve the levels of recovery specified in this section but that no patent application processing fee or fee for maintaining a patent in force was to be adjusted more than once every three years.
1980—Pub. L. 96–517 in revising fee provisions by substituting subsecs. (a) to (g) for prior subsecs. (a) to (c), required the Commissioner to establish fees based on recovery of estimated average cost of processing applications, performing miscellaneous services and providing material, required fees for maintenance of patents in force and provided for expiration of patents for nonpayments, prescribed $50 library fee for copies of specifications and drawings, authorized triennial adjustments, prescribed effective date for fees, and incorporated in subsec. (e) waiver provision of former subsec. (c).
1975—Subsec. (a)1. Pub. L. 94–131 inserted sentence respecting consideration of a multiple dependent claim as referred to in section 112 of this title or any claim depending therefrom as separate dependent claims in accordance with the number of claims to which reference is made for the purpose of computing fees.
Subsec. (b). Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.
1965—Subsec. (a)1. Pub. L. 89–83, § 1, increased the filing fee for original patents from $30 to $65, changed the additional fee from $1 for each claim in excess of twenty to $10 for each claim in independent form which is in excess of one and $2 for each claim (whether independent or dependent) which is in excess of ten, and permitted the rectification of errors in the payment of the additional fees in accordance with regulations of the Commissioner.
Subsec. (a)2. Pub. L. 89–83, § 1, applied the issue fee to reissue patents as well as to original patents, increased such fee from $30 to $100, and changed the additional fee from $1 for each claim in excess of twenty to $10 for each page (or portion thereof) of specification as printed and $2 for each sheet of drawing.
Subsec. (a)3. Pub. L. 89–83, § 1, changed the fee structure applicable to design patents from a filing fee of $10, $15, or $30 for terms of 3½, 7, or 14 years, respectively, to a filing fee of $20 and an issue fee of $10, $20, or $30 for terms of 3½, 7, or 14 years, respectively.
Subsec. (a)4. Pub. L. 89–83, § 1, increased the filing fee for reissue patents from $30 to $65, changed the additional fee from $1 for each claim in excess of twenty over and above the number of claims in the original patent to $10 for each claim in independent form which is in excess of the number of independent claims of the original patent and $2 for each claim (whether independent or dependent) which is in excess of ten and also in excess of the number of claims in the original patent, and permitted the rectification of errors in the payment of the additional fees in accordance with regulations of the Commissioner.
Subsec. (a)5. Pub. L. 89–83, § 1, increased the fee for filing disclaimers from $10 to $15.
Subsec. (a)6. Pub. L. 89–83, § 1, increased the fee on appeal for the first time from the examiner to the Board of Appeals from $25 to $50, and added the additional $50 fee for filing a brief in support of the appeal.
Subsec. (a)7. Pub. L. 89–83, § 1, increased the fee for filing a petition for the revival of an abandoned application or for the delayed payment of the issuance fee from $10 to $15.
Subsec. (a)8. Pub. L. 89–83, § 1, inserted fee for the certificate under section 256 of this title, and increased the fee for a certificate under section 255 of this title from $10 to $15.
Subsec. (a)9. Pub. L. 89–83, § 1, increased the fee for copies of specifications and drawings of patents (other than design patents) from 25 cents to 50 cents per copy and the fee for copies of specifications and drawings of design patents from 10 cents to 20 cents per copy, and permitted the Commissioner to establish a charge not to exceed $1 per copy for patents in excess of twenty-five pages of drawings and specifications and for plant patents printed in color and to provide applicants, without charge, with copies of specifications and drawings when referred to in a section 132 notice.
Subsec. (a)10. Pub. L. 89–83, § 1, changed the recording fee from $3 for every document not exceeding six pages and $1 for each additional two pages or less to a flat $20 fee for every document, and substituted a $3 fee for each additional item where the document relates to more than one patent or application for a 50 cents additional fee for each additional patent or application included in one writing where more than one is so included.
Subsec. (c). Pub. L. 89–83, § 2, added subsec. (c).
Amendment by Pub. L. 112–211 effective on the date that is 1 year after
Pub. L. 112–29, § 11(j),
Amendment by section 20(j) of Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on
Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, subtitle B, § 4206], “(a) Except as provided in subsection (b), the amendments made by this subtitle [amending this section and section 42 of this title] shall take effect on the date of the enactment of this Act [“(b) The amendments made by section 4202 [amending this section] of this subtitle shall take effect 30 days after the date of the enactment of this Act.”
Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, subtitle F, § 4608], “(a) Subject to subsection (b), this subtitle [enacting chapter 31 of this title, amending this section and sections 100, 134, 141, 143, and 145 of this title, and enacting provisions set out as notes under sections 1, 311, and 315 of this title] and the amendments made by this subtitle shall take effect on the date of the enactment of this Act [“(b) The amendments made by section 4605(a) [amending this section] shall take effect on the date that is 1 year after the date of the enactment of this Act.”
Amendment by section 1000(a)(9) [title IV, §§ 4732(a)] of Pub. L. 106–113 effective 4 months after
Pub. L. 105–358, § 5,
Amendment by section 532(b)(2) of Pub. L. 103–465 effective 6 months after
Amendment by section 533(b)(1) of Pub. L. 103–465 effective on date that is one year after date on which the WTO Agreement enters into force with respect to the United States [
Pub. L. 102–444, § 2,
Pub. L. 102–204, § 13,
Pub. L. 98–622, title II, § 207,
Pub. L. 97–247, § 17(a),
Pub. L. 96–517, § 8, “(a) Sections 2, 4, and 5 of this Act [amending this section, section 154 of this title, and section 1113 of Title 15, Commerce and Trade] will take effect upon enactment [“(b) Section 1 of this Act [enacting sections 301 to 307 of this title] will take effect on the first day of the seventh month beginning after its enactment [“(c) Section 3 of this Act [amending section 42 of this title] will take effect on the first day of the first fiscal year beginning on or after one calendar year after enactment [“(d) Any fee in effect as of the date of enactment of this Act [“(e) Fees for maintaining a patent in force will not be applicable to patents applied for prior to the date of enactment of this Act [“(f) Sections 6 and 7 of this Act [enacting sections 200 to 211 of this title and amending sections 2186, 2457, and 5908 of Title 42, The Public Health and Welfare] will take effect on the first day of the seventh month beginning after its enactment [“(g) Sections 8 and 9 [enacting this note and provision set out as a note under section 14 of this title] will take effect on the date of enactment of this Act [
Amendment by Pub. L. 94–131 effective
Amendment by Pub. L. 93–596 effective
Pub. L. 89–83, § 7, “(a) This Act [amending this section, sections 112, 151, 154, and 282 of this title, and section 1113 of Title 15, Commerce and Trade, and repealing section 266 of this title] shall take effect three months after its enactment [“(b) Items 1, 3, and 4 of section 41(a) of title 35, United States Code, as amended by section 1 of this Act, do not apply in further proceedings in applications filed prior to the effective date of this Act.“(c) Item 2 of section 41(a), as amended by section 1 of this Act [item 2 of subsec. (a) of this section], and section 4 of this Act [amending section 151 of this title] do not apply in cases in which the notice of allowance of the application was sent, or in which a patent issued, prior to the effective date; and, in such cases, the fee due is the fee specified in this title prior to the effective date of this Act.“(d) Item 3 of section 31 of the Trademark Act, as amended by section 3 of this Act [item 3 of section 1113(a) of Title 15], applies only in the case of registrations issued and registrations published under the provisions of section 12(c) of the Trademark Act [section 1062(c) of Title 15] on or after the effective date of this Act.”
For termination, effective
Pub. L. 112–29, § 10, [Enacted section 123 of this title and amended analysis of this chapter.]“(a) “(1) The Director [Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office] may set or adjust by rule any fee established, authorized, or charged under title 35, United States Code, or the Trademark Act of 1946 (15 U.S.C. 1051 et seq.), for any services performed by or materials furnished by, the [United States Patent and Trademark] Office, subject to paragraph (2).“(2) Fees may be set or adjusted under paragraph (1) only to recover the aggregate estimated costs to the Office for processing, activities, services, and materials relating to patents (in the case of patent fees) and trademarks (in the case of trademark fees), including administrative costs of the Office with respect to such patent or trademark fees (as the case may be).“(b) The fees set or adjusted under subsection (a) for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents shall be reduced by 60 percent with respect to the application of such fees to any small entity that qualifies for reduced fees under section 41(h)(1) of title 35, United States Code, and shall be reduced by 80 percent with respect to the application of such fees to any micro entity as defined in section 123 of that title (as added by subsection (g) of this section).“(c) In each fiscal year, the Director—“(1) shall consult with the Patent Public Advisory Committee and the Trademark Public Advisory Committee on the advisability of reducing any fees described in subsection (a); and“(2) after the consultation required under paragraph (1), may reduce such fees.“(d) The Director shall—“(1) not less than 45 days before publishing any proposed fee under subsection (a) in the Federal Register, submit the proposed fee to the Patent Public Advisory Committee or the Trademark Public Advisory Committee, or both, as appropriate;“(2)(A) provide the relevant advisory committee described in paragraph (1) a 30-day period following the submission of any proposed fee, in which to deliberate, consider, and comment on such proposal;“(B) require that, during that 30-day period, the relevant advisory committee hold a public hearing relating to such proposal; and“(C) assist the relevant advisory committee in carrying out that public hearing, including by offering the use of the resources of the Office to notify and promote the hearing to the public and interested stakeholders;“(3) require the relevant advisory committee to make available to the public a written report setting forth in detail the comments, advice, and recommendations of the committee regarding the proposed fee; and“(4) consider and analyze any comments, advice, or recommendations received from the relevant advisory committee before setting or adjusting (as the case may be) the fee.“(e) “(1) The Director shall—“(A) publish any proposed fee change under this section in the Federal Register;“(B) include, in such publication, the specific rationale and purpose for the proposal, including the possible expectations or benefits resulting from the proposed change; and“(C) notify, through the Chair and Ranking Member of the Committees on the Judiciary of the Senate and the House of Representatives, the Congress of the proposed change not later than the date on which the proposed change is published under subparagraph (A).“(2) The Director shall, in the publication under paragraph (1), provide the public a period of not less than 45 days in which to submit comments on the proposed change in fees.“(3) The final rule setting or adjusting a fee under this section shall be published in the Federal Register and in the Official Gazette of the Patent and Trademark Office.“(4) A fee set or adjusted under subsection (a) may not become effective—“(A) before the end of the 45-day period beginning on the day after the date on which the Director publishes the final rule adjusting or setting the fee under paragraph (3); or“(B) if a law is enacted disapproving such fee.“(5) Rules prescribed under this section shall not diminish—“(A) the rights of an applicant for a patent under title 35, United States Code, or for a mark under the Trademark Act of 1946; or“(B) any rights under a ratified treaty.“(f) The Director retains the authority under subsection (a) to set or adjust fees only during such period as the Patent and Trademark Office remains an agency within the Department of Commerce.“(g) “(h) “(1) Notwithstanding any other provision of this section, an additional fee of $400 shall be established for each application for an original patent, except for a design, plant, or provisional application, that is not filed by electronic means as prescribed by the Director. The fee established by this subsection shall be reduced by 50 percent for small entities that qualify for reduced fees under section 41(h)(1) of title 35, United States Code. All fees paid under this subsection shall be deposited in the Treasury as an offsetting receipt that shall not be available for obligation or expenditure.“(2) This subsection shall take effect upon the expiration of the 60-day period beginning on the date of the enactment of this Act [“(i) “(1) Except as provided in subsection (h), this section [enacting section 123 of this title] and the amendments made by this section shall take effect on the date of the enactment of this Act [“(2) The authority of the Director to set or adjust any fee under subsection (a) shall terminate upon the expiration of the 15-year period beginning on the date of the enactment of this Act.“(3) The termination of authority under this subsection shall not affect any regulations issued under this section before the effective date of such termination or any rulemaking proceeding for the issuance of regulations under this section that is pending on such date.”
[For definitions of terms used in section 10 of Pub. L. 112–29, set out above, see section 2 of Pub. L. 112–29, set out as a Definitions note under section 1 of this title.]
Pub. L. 112–29, § 11(h), “(1) “(A) “(i) A fee of $4,800 shall be established for filing a request, pursuant to section 2(b)(2)(G) of title 35, United States Code, for prioritized examination of a nonprovisional application for an original utility or plant patent.“(ii) In addition to the prioritized examination fee under clause (i), the fees due on an application for which prioritized examination is being sought are the filing, search, and examination fees (including any applicable excess claims and application size fees), processing fee, and publication fee for that application.“(B) “(i) The Director [Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office] may by regulation prescribe conditions for acceptance of a request under subparagraph (A) and a limit on the number of filings for prioritized examination that may be accepted.“(ii) Until regulations are prescribed under clause (i), no application for which prioritized examination is requested may contain or be amended to contain more than 4 independent claims or more than 30 total claims.“(iii) The Director may not accept in any fiscal year more than 10,000 requests for prioritization until regulations are prescribed under this subparagraph setting another limit.“(2) The Director shall reduce fees for providing prioritized examination of nonprovisional applications for original utility and plant patents by 50 percent for small entities that qualify for reduced fees under section 41(h)(1) of title 35, United States Code.“(3) All fees paid under this subsection shall be credited to the United States Patent and Trademark Office Appropriation Account, shall remain available until expended, and may be used only for the purposes specified in section 42(c)(3)(A) of title 35, United States Code.“(4) “(A) This subsection shall take effect on the date that is 10 days after the date of the enactment of this Act [“(B) The fee imposed under paragraph (1)(A)(i), and the reduced fee under paragraph (2), shall terminate on the effective date of the setting or adjustment of the fee under paragraph (1)(A)(i) pursuant to the exercise of the authority under section 10 [enacting section 123 of this title and provisions set out as a note under this section] for the first time with respect to that fee.”
Pub. L. 112–29, § 11(i), “(1) “(A) There shall be a surcharge of 15 percent, rounded by standard arithmetic rules, on all fees charged or authorized by subsections (a), (b), and (d)(1) of section 41, and section 132(b), of title 35, United States Code. Any surcharge imposed under this subsection is, and shall be construed to be, separate from and in addition to any other surcharge imposed under this Act [see Short Title of 2011 Amendment note set out under section 1 of this title] or any other provision of law.“(B) Amounts collected pursuant to the surcharge imposed under subparagraph (A) shall be credited to the United States Patent and Trademark Appropriation Account, shall remain available until expended, and may be used only for the purposes specified in section 42(c)(3)(A) of title 35, United States Code.“(2) The surcharge provided for in paragraph (1)—“(A) shall take effect on the date that is 10 days after the date of the enactment of this Act [“(B) shall terminate, with respect to a fee to which paragraph (1)(A) applies, on the effective date of the setting or adjustment of that fee pursuant to the exercise of the authority under section 10 [enacting section 123 of this title and provisions set out as a note under this section] for the first time with respect to that fee.”
Pub. L. 111–45, § 1, “(a) “(1) The Director of the United States Patent and Trademark Office—“(A) may use funds made available for fiscal year 2009, pursuant to section 31 of the Trademark Act of 1946 (15 U.S.C. 1113), under the heading ‘Department of Commerce—United States Patent and Trademark Office—Salaries and Expenses’ in title I of division B of the Omnibus Appropriations Act, 2009 (Public Law 111–8), up to $70,000,000, to support the processing of patents and other activities, services, and materials relating to patents, notwithstanding section 42(c) of title 35, United States Code; and“(B) notwithstanding any other provision of law, shall, upon the exercise of the authority under subparagraph (A), establish a surcharge, in amounts up to $70,000,000, on patent fees in effect under title 35, United States Code, to repay any funds drawn down pursuant to subparagraph (A),if the Director certifies in writing to the Congress that the use of the funds described in subparagraph (A) is reasonably necessary to avoid furloughs or a reduction-in-force, or both, in the United States Patent and Trademark Office, and does not create a substantial risk of a furlough or reduction-in-force of personnel working in the Trademark Operation of the United States Patent and Trademark Office.“(2) All surcharges paid under paragraph (1)(B) shall be deposited in the Treasury as an offsetting receipt that shall not be available for obligation or expenditure.“(b) The authority under subsection (a)(1)(A) shall terminate on “(c) In this section:“(1) The terms ‘Director of the United States Patent and Trademark Office’ and ‘Director’ mean the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.“(2) The term ‘Trademark Act of 1946’ means the Act entitled ‘An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes’, approved
Pub. L. 108–447, div. B, title VIII, “ ‘(a) “ ‘(1) “ ‘(A) On filing each application for an original patent, except for design, plant, or provisional applications, $300. “ ‘(B) On filing each application for an original design patent, $200. “ ‘(C) On filing each application for an original plant patent, $200. “ ‘(D) On filing each provisional application for an original patent, $200. “ ‘(E) On filing each application for the reissue of a patent, $300. “ ‘(F) The basic national fee for each international application filed under the treaty defined in section 351(a) of this title entering the national stage under section 371 of this title, $300. “ ‘(G) In addition, excluding any sequence listing or computer program listing filed in an electronic medium as prescribed by the Director, for any application the specification and drawings of which exceed 100 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium), $250 for each additional 50 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium) or fraction thereof. “ ‘(2) “ ‘(A) on filing or on presentation at any other time, $200 for each claim in independent form in excess of 3; “ ‘(B) on filing or on presentation at any other time, $50 for each claim (whether dependent or independent) in excess of 20; and “ ‘(C) for each application containing a multiple dependent claim, $360. “ ‘(3) “ ‘(A) For examination of each application for an original patent, except for design, plant, provisional, or international applications, $200. “ ‘(B) For examination of each application for an original design patent, $130. “ ‘(C) For examination of each application for an original plant patent, $160. “ ‘(D) For examination of the national stage of each international application, $200. “ ‘(E) For examination of each application for the reissue of a patent, $600. “ ‘(4) “ ‘(A) For issuing each original patent, except for design or plant patents, $1,400. “ ‘(B) For issuing each original design patent, $800. “ ‘(C) For issuing each original plant patent, $1,100. “ ‘(D) For issuing each reissue patent, $1,400. “ ‘(5) “ ‘(6) “ ‘(A) On filing an appeal from the examiner to the Board of Patent Appeals and Interferences, $500. “ ‘(B) In addition, on filing a brief in support of the appeal, $500, and on requesting an oral hearing in the appeal before the Board of Patent Appeals and Interferences, $1,000. “ ‘(7) “ ‘(8) “ ‘(A) on filing a first petition, $120; “ ‘(B) on filing a second petition, $330; and “ ‘(C) on filing a third or subsequent petition, $570.’ “ ‘(b) “ ‘(1) 3 years and 6 months after grant, $900. “ ‘(2) 7 years and 6 months after grant, $2,300. “ ‘(3) 11 years and 6 months after grant, $3,800. “ ‘(d) “ ‘(1) “ ‘(A) The Director shall charge a fee for the search of each application for a patent, except for provisional applications. The Director shall establish the fees charged under this paragraph to recover an amount not to exceed the estimated average cost to the Office of searching applications for patent either by acquiring a search report from a qualified search authority, or by causing a search by Office personnel to be made, of each application for patent. For the 3-year period beginning on the date of enactment of this Act, the fee for a search by a qualified search authority of a patent application described in clause (i), (iv), or (v) of subparagraph (B) may not exceed $500, of a patent application described in clause (ii) of subparagraph (B) may not exceed $100, and of a patent application described in clause (iii) of subparagraph (B) may not exceed $300. The Director may not increase any such fee by more than 20 percent in each of the next three 1-year periods, and the Director may not increase any such fee thereafter. “ ‘(B) For purposes of determining the fees to be established under this paragraph, the cost to the Office of causing a search of an application to be made by Office personnel shall be deemed to be— “ ‘(i) $500 for each application for an original patent, except for design, plant, provisional, or international applications; “ ‘(ii) $100 for each application for an original design patent; “ ‘(iii) $300 for each application for an original plant patent; “ ‘(iv) $500 for the national stage of each international application; and “ ‘(v) $500 for each application for the reissue of a patent. “ ‘(C) The provisions of section 111(a)(3) of this title relating to the payment of the fee for filing the application shall apply to the payment of the fee specified in this paragraph with respect to an application filed under section 111(a) of this title. The provisions of section 371(d) of this title relating to the payment of the national fee shall apply to the payment of the fee specified in this paragraph with respect to an international application. “ ‘(D) The Director may by regulation provide for a refund of any part of the fee specified in this paragraph for any applicant who files a written declaration of express abandonment as prescribed by the Director before an examination has been made of the application under section 131 of this title, and for any applicant who provides a search report that meets the conditions prescribed by the Director. “ ‘(E) For purposes of subparagraph (A), a “qualified search authority” may not include a commercial entity unless— “ ‘(i) the Director conducts a pilot program of limited scope, conducted over a period of not more than 18 months, which demonstrates that searches by commercial entities of the available prior art relating to the subject matter of inventions claimed in patent applications— “ ‘(I) are accurate; and “ ‘(II) meet or exceed the standards of searches conducted by and used by the Patent and Trademark Office during the patent examination process; “ ‘(ii) the Director submits a report on the results of the pilot program to Congress and the Patent Public Advisory Committee that includes— “ ‘(I) a description of the scope and duration of the pilot program; “ ‘(II) the identity of each commercial entity participating in the pilot program; “ ‘(III) an explanation of the methodology used to evaluate the accuracy and quality of the search reports; and “ ‘(IV) an assessment of the effects that the pilot program, as compared to searches conducted by the Patent and Trademark Office, had and will have on— “ ‘(aa) patentability determinations; “ ‘(bb) productivity of the Patent and Trademark Office; “ ‘(cc) costs to the Patent and Trademark Office; “ ‘(dd) costs to patent applicants; and “ ‘(ee) other relevant factors; “ ‘(iii) the Patent Public Advisory Committee reviews and analyzes the Director’s report under clause (ii) and the results of the pilot program and submits a separate report on its analysis to the Director and the Congress that includes— “ ‘(I) an independent evaluation of the effects that the pilot program, as compared to searches conducted by the Patent and Trademark Office, had and will have on the factors set forth in clause (ii)(IV); and “ ‘(II) an analysis of the reasonableness, appropriateness, and effectiveness of the methods used in the pilot program to make the evaluations required under clause (ii)(IV); and “ ‘(iv) Congress does not, during the 1-year period beginning on the date on which the Patent Public Advisory Committee submits its report to the Congress under clause (iii), enact a law prohibiting searches by commercial entities of the available prior art relating to the subject matter of inventions claimed in patent applications. “ ‘(F) The Director shall require that any search by a qualified search authority that is a commercial entity is conducted in the United States by persons that— “ ‘(i) if individuals, are United States citizens; and “ ‘(ii) if business concerns, are organized under the laws of the United States or any State and employ United States citizens to perform the searches. “ ‘(G) A search of an application that is the subject of a secrecy order under section 181 or otherwise involves classified information may only be conducted by Office personnel. “ ‘(H) A qualified search authority that is a commercial entity may not conduct a search of a patent application if the entity has any direct or indirect financial interest in any patent or in any pending or imminent application for patent filed or to be filed in the Patent and Trademark Office. “ ‘(2) “ ‘(A) For recording a document affecting title, $40 per property. “ ‘(B) For each photocopy, $.25 per page. “ ‘(C) For each black and white copy of a patent, $3. “ ‘(3) The fee charged under subsection (a)(1)(A) shall be reduced by 75 percent with respect to its application to any entity to which paragraph (1) applies, if the application is filed by electronic means as prescribed by the Director.’ “In this title, the term ‘Director’ means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.”“SEC. 801. FEES FOR PATENT SERVICES.“(a) During fiscal years 2005, 2006, and 2007, subsection (a) of section 41 of title 35, United States Code, shall be administered as though that subsection reads as follows:For the purpose of computing fees under this paragraph, 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. The Director may by regulation provide for a refund of any part of the fee specified in this paragraph for any claim that is canceled before an examination on the merits, as prescribed by the Director, has been made of the application under section 131 of this title. Errors in payment of the additional fees under this paragraph may be rectified in accordance with regulations prescribed by the Director.The provisions of section 111(a) of this title relating to the payment of the fee for filing the application shall apply to the payment of the fee specified in this paragraph with respect to an application filed under section 111(a) of this title. The provisions of section 371(d) of this title relating to the payment of the national fee shall apply to the payment of the fee specified in this paragraph with respect to an international application.“(b) During fiscal years 2005, 2006, and 2007, subsection (b) of section 41 of title 35, United States Code, shall be administered as though that subsection reads as follows:Unless payment of the applicable maintenance fee is received in the United States 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 Director 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.’“(c) During fiscal years 2005, 2006, and 2007, subsection (d) of section 41 of title 35, United States Code, shall be administered as though that subsection reads as follows:The yearly fee for providing a library specified in section 12 of this title with uncertified printed copies of the specifications and drawings for all patents in that year shall be $50.’“(d) During fiscal years 2005, 2006, and 2007, subsection (f) of section 41 of title 35, United States Code, shall apply to the fees established under this section.“(e) During fiscal years 2005, 2006, and 2007, subsection (h) of section 41 of title 35, United States Code, shall be administered as though that subsection is amended—“(1) in paragraph (1), by striking ‘Fees charged under subsection (a) or (b)’ and inserting ‘Subject to paragraph (3), fees charged under subsections (a), (b), and (d)(1)’; and“(2) by adding at the end the following new paragraph:“SEC. 802. ADJUSTMENT OF TRADEMARK FEES.“(a) Until such time as the Director sets or adjusts the fees otherwise, under such conditions as may be prescribed by the Director, the fee under section 31(a) of the Trademark Act of 1946 (15 U.S.C. 1113(a)) for: (1) the filing of a paper application for the registration of a trademark shall be $375; (2) the filing of an electronic application shall be $325; and (3) the filing of an electronic application meeting certain additional requirements prescribed by the Director shall be $275. The provisions of the second and third sentences of section 31(a) of the Trademark Act of 1946 shall apply to the fees established under this section.“(b) For purposes of this section, the ‘Trademark Act of 1946’ refers to the Act entitled ‘An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes.’, approved “SEC. 803. EFFECTIVE DATE, APPLICABILITY, AND TRANSITIONAL PROVISION.“(a) Except as otherwise provided in this title (including this section), the provisions of this title shall take effect on the date of the enactment of this Act [“(b) “(1)(A) Except as provided in subparagraphs (B) and (C), the provisions of section 801 shall apply to all patents, whenever granted, and to all patent applications pending on or filed after the effective date set forth in subsection (a) of this section.“(B)(i) Except as provided in clause (ii), subsections (a)(1) and (3) and (d)(1) of section 41 of title 35, United States Code, as administered as provided in this title, shall apply only to—“(I) applications for patents filed under section 111 of title 35, United States Code, on or after the effective date set forth in subsection (a) of this section, and“(II) international applications entering the national stage under section 371 of title 35, United States Code, for which the basic national fee specified in section 41 of title 35, United States Code, was not paid before the effective date set forth in subsection (a) of this section.“(ii) Section 41(a)(1)(D) of title 35, United States Code, as administered as provided in this title, shall apply only to applications for patent filed under section 111(b) of title 35, United States Code, before, on, or after the effective date set forth in subsection (a) of this section in which the filing fee specified in section 41 of title 35, United States Code, was not paid before the effective date set forth in subsection (a) of this section.“(C) Section 41(a)(2) of title 35, United States Code, as administered as provided in this title, shall apply only to the extent that the number of excess claims, after giving effect to any cancellation of claims, is in excess of the number of claims for which the excess claims fee specified in section 41 of title 35, United States Code, was paid before the effective date set forth in subsection (a) of this section.“(2) The provisions of section 802 shall apply to all applications for the registration of a trademark filed or amended on or after the effective date set forth in subsection (a) of this section.“(c) “(1) During fiscal years 2005, 2006, and 2007, the Director shall charge—“(A) for the search of each application for an original patent, except for design, plant, provisional, or international application, $500;“(B) for the search of each application for an original design patent, $100;“(C) for the search of each application for an original plant patent, $300;“(D) for the search of the national stage of each international application, $500; and“(E) for the search of each application for the reissue of a patent, $500.“(2) The provisions of section 111(a)(3) of title 35, United States Code, relating to the payment of the fee for filing the application shall apply to the payment of the fee specified in paragraph (1) with respect to an application filed under section 111(a) of title 35, United States Code. The provisions of section 371(d) of title 35, United States Code, relating to the payment of the national fee shall apply to the payment of the fee specified in paragraph (1) with respect to an international application.“SEC. 804. DEFINITION.
[Pub. L. 111–117, div. B, title I,
[Pub. L. 111–8, div. B, title I,
[Pub. L. 110–161, div. B, title I,
Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4204],
Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4506],
Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4804(d)(2)],
Pub. L. 105–289, § 4, “(a) The United States Patent and Trademark Office shall develop and implement statewide computer networks with remote library sites in requesting rural States such that citizens in those States will have enhanced access to information in their State’s patent and trademark depository library.“(b) In this section, the term ‘rural States’ means the States that qualified on
Pub. L. 102–204, § 2(c),
Pub. L. 102–204, § 5(c)(2),
Pub. L. 102–204, § 11,
Pub. L. 101–508, title X, § 10101(a)–(c),
Pub. L. 101–508, title X, § 10103,
Pub. L. 100–703, title I, § 104(b), (c),
Pub. L. 99–607, § 4,
Pub. L. 100–703, title I, § 103(b),
Pub. L. 98–622, title IV, § 404, “(a) Notwithstanding section 41 of title 35, United States Code, as in effect before the enactment of Public Law 97–247 (96 Stat. 317) [“(b) Notwithstanding section 41(c) of title 35, United States Code, as in effect before the enactment of Public Law 97–247 (96 Stat. 317) [