Revision of Patent Fees for Fiscal Year 2001

Federal RegisterAug 11, 2000

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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 1

RIN 0651-AB01

Revision of Patent Fees for Fiscal Year 2001

AGENCY:

United States Patent and Trademark Office, Commerce.

ACTION:

Final rule.

SUMMARY:

The United States Patent and Trademark Office (USPTO) is amending the rules of practice in patent cases to adjust certain patent fee amounts to reflect fluctuations in the Consumer Price Index (CPI). The USPTO is also amending the description of two fees to reflect current business practice.

EFFECTIVE DATE:

October 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Matthew Lee by telephone at (703) 305-8051, by fax at (703) 305-8007, or by e-mail at matthew.lee@uspto.gov.

SUPPLEMENTARY INFORMATION:

This final rule adjusts our fees in accordance with the applicable provisions of title 35, United States Code, as amended by the Consolidated Appropriations Act, Fiscal Year 2000 (which incorporated the Intellectual Property and Communications Omnibus Reform Act of 1999) (Public Law 106-113).

Background

Statutory Provisions

Patent fees are authorized by 35 U.S.C. 41 and 35 U.S.C. 376. A fifty percent reduction in the fees paid under 35 U.S.C. 41(a) and (b) by independent inventors, small business concerns, and nonprofit organizations who meet prescribed definitions is required by 35 U.S.C. 41(h)(1).

Subsection 41(f) of title 35, United States Code, provides that fees established under 35 U.S.C. 41(a) and (b) may be adjusted on October 1, 1992, and every year thereafter, to reflect fluctuations in the CPI over the previous twelve months.

Subsection 41(d) of title 35, United States Code, authorizes the Director to establish fees for all other processing, services, or materials related to patents to recover the average cost of providing these services or materials, except for the fees for recording a document affecting title, for each photocopy, for each black and white copy of a patent, and for library services.

Section 376 of title 35, United States Code, authorizes the Director to set fees for patent applications filed under the Patent Cooperation Treaty (PCT).

Subsection 41(g) of title 35, United States Code, provides that new fee amounts established by the Director under section 41 may take effect thirty days after notice in the

Federal Register

and the

Official Gazette of the United States Patent and Trademark Office.

Fee Adjustment Level

The patent statutory fees established by 35 U.S.C. 41(a) and (b) will be adjusted on October 1, 2000, to reflect any fluctuations occurring during the previous twelve months in the Consumer Price Index for all urban consumers (CPI-U). In calculating these fluctuations, the Office of Management and Budget (OMB) has determined that the USPTO should use CPI-U data as determined by the Secretary of Labor. In accordance with previous fee-setting methodology, the USPTO uses the Administration's projected CPI-U for the twelve-month period ending September 30, 2000, which is 2.68 percent. Based on this projection, patent statutory fees will be adjusted by 2.68 percent.

Certain patent processing fees established under 35 U.S.C. 41(d), 132(b), 376, and Public Law 103-465 (the Uruguay Round Agreements Act) will be adjusted to reflect fluctuations in the CPI.

Four patent service fees that are set by statute will not be adjusted. The four fees that are not being adjusted are the assignment recording fee, printed patent copy fee, photocopy charge fee, and library service fee.

The fee amounts were rounded by applying standard arithmetic rules so that the amounts rounded would be convenient to the user. Fees of $100 or more were rounded to the nearest $10. Fees between $2 and $99 were rounded to an even number so that any comparable small entity fee would be a whole number.

General Procedures

Any fee amount that is paid on or after the effective date of the fee increase will be subject to the new fees then in effect. For purposes of determining the amount of the fee to be paid, the date of mailing indicated on a proper Certificate of Mailing or Transmission, where authorized under 37 CFR 1.8, will be considered to be the date of receipt in our office. A Certificate of Mailing or Transmission under § 1.8 is not proper for items which are specifically excluded from the provisions of § 1.8. Items for which a Certificate of Mailing or Transmission under § 1.8 are not proper include, for example, for filing of Continued Prosecution Applications (CPAs) under § 1.53(d) and other national and international applications for patents. See 37 CFR 1.8(a)(2).

Under 37 CFR 1.10(a), any correspondence delivered by the “Express Mail Post Office to Addressee” service of the United States Postal Service (USPS) is considered filed or received in our office on the date of deposit with the USPS. The date of deposit with the USPS is shown by the “date-in” on the “Express Mail” mailing label or other official USPS notation.

To ensure clarity in the implementation of the new fees, a discussion of specific sections is set forth below.

Discussion of Specific Rules

37 CFR 1.16 National Application Filing Fees

Section 1.16, paragraphs (a), (b), (d), and (f) through (i), are revised to adjust fees established therein to reflect fluctuations in the CPI.

37 CFR 1.17 Patent Application Processing Fees

Section 1.17, paragraphs (a)(2) through (a)(5), (b) through (e), (m), (r), and (s), are revised to adjust fees established therein to reflect fluctuations in the CPI.

37 CFR 1.18 Patent Issue Fees

Section 1.18, paragraphs (a) through (c), are revised to adjust fees established therein to reflect fluctuations in the CPI.

37 CFR 1.20 Post-Issuance Fees

Section 1.20, paragraphs (e) through (g), are revised to adjust fees established therein to reflect fluctuations in the CPI.

37 CFR 1.21 Miscellaneous Fees and Charges

Section 1.21, paragraph (a)(6), is revised to amend the description to reflect current business practices.

37 CFR 1.492 National Stage Fees

Section 1.492, paragraphs (a), (b), and (d), are revised to adjust fees established therein to reflect fluctuations in the CPI.

Other Considerations

This final rule contains no information collection within the meaning of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501

et seq.

This final rule has been determined to be not significant for purposes of Executive Order 12866. This final rule does not contain policies with Federalism implications sufficient to warrant preparation of a Federalism Assessment under Executive Order 13132 (August 4, 1999).

Prior notice and opportunity for public comment for patent fee changes are not required by the Patent Statute or the Administrative Procedure Act. While the Patent Statute specifically requires that changes to patent fees shall not 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 United States Patent and Trademark Office,

” 35 U.S.C. 41(g), the statute does not require any additional publication of proposed fee changes. In addition, changes in patent fees are exempted from the notice of proposed rulemaking requirements of the Administrative Procedure Act under 5 U.S.C. 553(a)(2), as the establishment of fee amounts is a matter related to agency management.

As prior notice and an opportunity for public comment are not required pursuant to 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601

et seq.

, are inapplicable.

A comparison of existing and new fee amounts is included as an Appendix to this final rule.

List of Subjects in 37 CFR Part 1

Administrative practice and procedure, Inventions and patents, Reporting and recordkeeping requirements, Small businesses.

For the reasons set forth in the preamble, the USPTO is amending title 37 of the Code of Federal Regulations, Part 1, as set forth below.

PART 1—RULES OF PRACTICE IN PATENT CASES

1. The authority citation for 37 CFR part 1 continues to read as follows:

Authority:

35 U.S.C. 2(b)(2), unless otherwise noted.

2. Section 1.16 is amended by revising paragraphs (a), (b), (d), and (f) through (i) to read as follows:

§ 1.16

National application filing fees.

(a) Basic fee for filing each application for an original patent, except provisional, design, or plant applications:

By a small entity (§ 1.9(f))—$355.00

By other than a small entity—$710.00

(b) In addition to the basic filing fee in an original application, except provisional applications, for filing or later presentation of each independent claim in excess of 3:

By a small entity (§ 1.9(f))—$40.00

By other than a small entity—$80.00

(d) In addition to the basic filing fee in an original application, except provisional applications, if the application contains, or is amended to contain, a multiple dependent claim(s), per application:

By a small entity (§ 1.9(f))—$135.00

By other than a small entity—$270.00

(f) Basic fee for filing each design application:

By a small entity (§ 1.9(f))—$160.00

By other than a small entity—$320.00

(g) Basic fee for filing each plant application, except provisional applications:

By a small entity (§ 1.9(f))—$245.00

By other than a small entity—$490.00

(h) Basic fee for filing each reissue application:

By a small entity (§ 1.9(f))—$355.00

By other than a small entity—$710.00

(i) In addition to the basic filing fee in a reissue application, for filing or later presentation of each independent claim which is in excess of the number of independent claims in the original patent:

By a small entity (§ 1.9(f))—$40.00

By other than a small entity—$80.00

3. Section 1.17 is amended by revising paragraphs (a)(2) through (a)(5), (b) through (e), (m), (r), and (s) to read as follows:

§ 1.17

Patent application processing fees.

(a) * * *

(1) * * *

(2) For reply within second month:

By a small entity (§ 1.9(f))—$195.00

By other than a small entity—$390.00

(3) For reply within third month:

By a small entity (§ 1.9(f))—$445.00

By other than a small entity—$890.00

(4) For reply within fourth month:

By a small entity (§ 1.9(f))—$695.00

By other than a small entity—$1,390.00

(5) For reply within fifth month:

By a small entity (§ 1.9(f))—$945.00

By other than a small entity—$1,890.00

(b) For filing a notice of appeal from the examiner to the Board of Patent Appeals and Interferences:

By a small entity (§ 1.9(f))—$155.00

By other than a small entity—$310.00

(c) In addition to the fee for filing a notice of appeal, for filing a brief in support of an appeal:

By a small entity (§ 1.9(f))—$155.00

By other than a small entity—$310.00

(d) For filing a request for an oral hearing before the Board of Patent Appeals and Interferences in an appeal under 35 U.S.C. 134:

By a small entity (§ 1.9(f))—$135.00

By other than a small entity—$270.00

(e) To request continued examination pursuant to § 1.114:

By a small entity (§ 1.9(f))—$355.00

By other than a small entity—$710.00

(m) For filing a petition for the revival of an unintentionally abandoned application or the unintentionally delayed payment of the issue fee under 35 U.S.C. 41(a)(7) (§ 1.137(b)):

By a small entity (§ 1.9(f))—$620.00

By other than a small entity—$1,240.00

(r) For entry of a submission after final rejection under § 1.129(a):

By a small entity (§ 1.9(f))—$355.00

By other than a small entity—$710.00

(s) For each additional invention requested to be examined under § 1.129(b):

By a small entity (§ 1.9(f))—$355.00

By other than a small entity—$710.00

4. Section 1.18 is revised to read as follows:

§ 1.18

Patent issue fees.

(a) Issue fee for issuing each original or reissue patent, except a design or plant patent:

By a small entity (§ 1.9(f))—$620.00

By other than a small entity—$1,240.00

(b) Issue fee for issuing a design patent:

By a small entity (§ 1.9(f))—$220.00

By other than a small entity—$440.00

(c) Issue fee for issuing a plant patent:

By a small entity (§ 1.9(f))—$300.00

By other than a small entity—$600.00

5. Section 1.20 is amended by revising paragraphs (e) through (g) to read as follows:

§ 1.20

Post issuance fees.

(e) For maintaining an original or reissue patent, except a design or plant patent, based on an application filed on or after December 12, 1980, in force beyond four years; the fee is due by three years and six months after the original grant:

By a small entity (§ 1.9(f))—$425.00

By other than a small entity—$850.00

(f) For maintaining an original or reissue patent, except a design or plant patent, based on an application filed on or after December 12, 1980, in force beyond eight years; the fee is due by seven years and six months after the original grant:

By a small entity (§ 1.9(f))—$975.00

By other than a small entity—$1,950.00

(g) For maintaining an original or reissue patent, except a design or plant patent, based on an application filed on or after December 12, 1980, in force beyond twelve years; the fee is due by eleven years and six months after the original grant:

By a small entity (§ 1.9(f))—$1,495.00

By other than a small entity—$2,990.00

6. Section 1.21 is amended by revising paragraph (a)(6) to read as follows:

§ 1.21

Miscellaneous fees and charges.

(a) * * *

(6) For requesting regrading of an examination under § 10.7(c):

(i) Regrading of seven or fewer questions—$230.00

(ii) Regrading of eight or more questions—$460.00

7. Section 1.492 is amended by revising paragraphs (a), (b), and (d) to read as follows:

§ 1.492

National stage fees.

(a) The basic national fee:

(1) Where an international preliminary examination fee as set forth in § 1.482 has been paid on the international application to the United States Patent and Trademark Office:

By a small entity (§ 1.9(f))—345.00

By other than a small entity—690.00

(2) Where no international preliminary examination fee as set forth in § 1.482 has been paid to the United States Patent and Trademark Office, but an international search fee as set forth in § 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 (§ 1.9(f))—355.00

By other than a small entity—710.00

(3) Where no international preliminary examination fee as set forth in § 1.482 has been paid and no international search fee as set forth in § 1.445(a)(2) has been paid on the international application to the United States Patent and Trademark Office:

By a small entity (§ 1.9(f))—500.00

By other than a small entity—1,000.00

(4) Where an international preliminary examination fee as set forth in § 1.482 has been paid to the United States Patent and Trademark Office, and the international preliminary examination report states that the criteria of novelty, inventive step (non-obviousness), and industrial applicability, as defined in PCT Article 33 (1) to (4) have been satisfied for all the claims presented in the application entering the national stage (see § 1.496(b)):

By a small entity (§ 1.9(f))—50.00

By other than a small entity—100.00

(5) Where a search report on the international application has been prepared by the European Patent Office or the Japanese Patent Office:

By a small entity (§ 1.9(f))—430.00

By other than a small entity—860.00

(b) In addition to the basic national fee, for filing or later presentation of each independent claim in excess of 3:

By a small entity (§ 1.9(f))—40.00

By other than a small entity—80.00

(d) In addition to the basic national fee, if the application contains, or is amended to contain, a multiple dependent claim(s), per application:

By a small entity (§ 1.9(f))—135.00

By other than a small entity—270.00

Dated: July 14, 2000.

Q. Todd Dickinson,

Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.

Note:

The following appendix is provided as a courtesy to the public, but is not a substitute for the rules. It will not appear in the Code of Federal Regulations.

Appendix A—Comparison of Existing and New Fee Amounts

[—Indicates fees remain at FY 2000 amount]

Fee code

37 CFR Sec.

Description

FY 2000

FY 2001

101

1.16(a)

Basic filing fee—Utility

$690

$710

201

1.16(a)

Basic filing fee—Utility (Small Entity)

345

355

131

1.16(a)

Basic filing fee—Utility (CPA)

690

710

231

1.16(a)

Basic filing fee—Utility (CPA) (Small Entity)

345

355

102

1.16(b)

Independent claims in excess of three

78

80

202

1.16(b)

Independent claims in excess of three (Small Entity)

39

40

103

1.16(c)

Claims in excess of twenty

18

—

203

1.16(c)

Claims in excess of twenty (Small Entity)

9

—

104

1.16(d)

Multiple dependent claim

260

270

204

1.16(d)

Multiple dependent claim (Small Entity)

130

135

105

1.16(e)

Surcharge—Late filing fee

130

—

205

1.16(e)

Surcharge—Late filing fee (Small Entity)

65

—

106

1.16(f)

Design filing fee

310

320

206

1.16(f)

Design filing fee (Small Entity)

155

160

132

1.16(f)

Design filing fee (CPA)

310

320

232

1.16(f)

Design filing fee (CPA) (Small Entity)

155

160

107

1.16(g)

Plant filing fee

480

490

207

1.16(g)

Plant filing fee (Small Entity)

240

245

133

1.16(g)

Plant filing fee (CPA)

480

490

233

1.16(g)

Plant filing fee (CPA) (Small Entity)

240

245

108

1.16(h)

Reissue filing fee

690

710

208

1.16(h)

Reissue filing fee (Small Entity)

345

355

134

1.16(h)

Reissue filing fee (CPA)

690

710

234

1.16(h)

Reissue filing fee (CPA) (Small Entity)

345

355

109

1.16(i)

Reissue independent claims

78

80

209

1.16(i)

Reissue independent claims (Small Entity)

39

40

110

1.16(j)

Reissue claims in excess of twenty

18

—

210

1.16(j)

Reissue claims in excess of twenty (Small Entity)

9

—

114

1.16(k)

Provisional application filing fee

150

—

214

1.16(k)

Provisional application filing fee (Small Entity)

75

—

127

1.16(l)

Surcharge—Late provisional filing fee

50

—

227

1.16(l)

Surcharge—Late provisional filing fee (Small Entity)

25

—

115

1.17(a)(1)

Extension—First month

110

—

215

1.17(a)(1)

Extension—First month (Small Entity)

55

—

116

1.17(a)(2)

Extension—Second month

380

390

216

1.17(a)(2)

Extension—Second month (Small Entity)

190

195

117

1.17(a)(3)

Extension—Third month

870

890

217

1.17(a)(3)

Extension—Third month (Small Entity)

435

445

118

1.17(a)(4)

Extension—Fourth month

1,360

1,390

218

1.17(a)(4)

Extension—Fourth month (Small Entity)

680

695

128

1.17(a)(5)

Extension—Fifth month

1,850

1,890

228

1.17(a)(5)

Extension—Fifth month (Small Entity)

925

945

119

1.17(b)

Notice of appeal

300

310

219

1.17(b)

Notice of appeal (Small Entity)

150

155

120

1.17(c)

Filing a brief in support of an appeal

300

310

220

1.17(c)

Filing a brief in support of an appeal (Small Entity)

150

155

121

1.17(d)

Request for oral hearing

260

270

221

1.17(d)

Request for oral hearing (Small Entity)

130

135

179

1.17(e)

Request for continued examination (RCE)

690

710

279

1.17(e)

Request for continued examination (RCE) (Small Entity)

345

355

122

1.17(h)

Petition—Not all inventors

130

—

122

1.17(h)

Petition—Correction of inventorship

130

—

122

1.17(h)

Petition—Decision on questions

130

—

122

1.17(h)

Petition—Suspend rules

130

—

122

1.17(h)

Petition—Expedited license

130

—

122

1.17(h)

Petition—Scope of license

130

—

122

1.17(h)

Petition—Retroactive license

130

—

122

1.17(h)

Petition—Refusing maintenance fee

130

—

122

1.17(h)

Petition—Refusing maintenance fee—expired patent

130

—

122

1.17(h)

Petition—Interference

130

—

122

1.17(h)

Petition—Reconsider interference

130

—

122

1.17(h)

Petition—Late filing of interference

130

—

122

1.20(b)

Petition—Correction of inventorship

130

—

122

1.17(h)

Petition—Refusal to publish SIR

130

—

122

1.17(i)

Petition—For assignment

130

—

122

1.17(i)

Petition—For application

130

—

122

1.17(i)

Petition—Late priority papers

130

—

122

1.17(i)

Petition—Suspend action

130

—

122

1.17(i)

Petition—Divisional reissues to issue separately

130

—

122

1.17(i)

Petition—For interference agreement

130

—

122

1.17(i)

Petition—Amendment after issue

130

—

122

1.17(i)

Petition—Withdrawal after issue

130

—

122

1.17(i)

Petition—Defer issue

130

—

122

1.17(i)

Petition—Issue to assignee

130

—

122

1.17(i)

Petition—Accord a filing date under § 1.53

130

—

122

1.17(i)

Petition—Accord a filing date under § 1.62

130

—

122

1.17(i)

Petition—Make application special

130

—

138

1.17(j)

Petition—Public use proceeding

1,510

—

139

1.17(k)

Non-English specification

130

—

140

1.17(l)

Petition—Revive unavoidably abandoned appl.

110

—

240

1.17(l)

Petition—Revive unavoidably abandoned appl. (Small Entity)

55

—

141

1.17(m)

Petition—Revive unintentionally abandoned appl.

1,210

1,240

241

1.17(m)

Petition—Revive unintent. abandoned appl. (Small Entity)

605

620

112

1.17(n)

SIR—Prior to examiner's action

920

—

113

1.17(o)

SIR—After examiner's action

1,840

—

126

1.17(p)

Submission of an Information Disclosure Statement (§ 1.97)

240

—

123

1.17(q)

Petition—Correction of inventorship (prov. app.)

50

—

123

1.17(q)

Petition—Accord a filing date (prov. app.)

50

—

123

1.17(q)

Petition—Entry of submission after final rejection (prov. app.)

50

—

146

1.17(r)

Filing a submission after final rejection (1.129(a))

690

710

246

1.17(r)

Filing a submission after final rejection (1.129(a)) (Small Entity)

345

355

149

1.17(s)

Per additional invention to be examined (1.129(b))

690

710

249

1.17(s)

Per additional invention to be examined (1.129(b)) (Small Entity)

345

355

142

1.18(a)

Utility issue fee

1,210

1,240

242

1.18(a)

Utility issue fee (Small Entity)

605

620

143

1.18(b)

Design issue fee

430

440

243

1.18(b)

Design issue fee (Small Entity)

215

220

144

1.18(c)

Plant issue fee

580

600

244

1.18(c)

Plant issue fee (Small Entity)

290

300

561

1.19(a)(1)(i)

Patent copy

3

—

562

1.19(a)(1)(ii)

Patent copy, overnight delivery to USPTO Box or overnight fax

6

—

563

1.19(a)(1)(iii)

Patent copy, ordered by expedited mail or fax—exp. service

25

—

564

1.19(a)(2)

Plant patent copy

15

—

565

1.19(a)(3)

Copy of utility patent or SIR in color

25

—

566

1.19(b)(1)(i)

Certified copy of patent application as filed

15

—

567

1.19(b)(1)(ii)

Certified copy of patent application as filed, expedited

30

—

568

1.19(b)(2)

Cert. or uncert. copy of patent-related file wrapper and contents

150

—

569

1.19(b)(3)

Cert. or uncert. copy of document, unless otherwise provided

25

—

570

1.19(b)(4)

For assignment records, abstract of title and certification

25

—

571

1.19(c)

Library service

50

—

572

1.19(d)

List of U.S. patents and SIRs in subclass

3

—

573

1.19(e)

Uncertified statement re status of maintenance fee payment

10

—

574

1.19(f)

Copy of non-U.S. document

25

—

575

1.19(g)

Comparing and certifying copies, per document, per copy

25

—

576

1.19(h)

Duplicate or corrected filing receipt

25

—

145

1.20(a)

Certificate of correction

100

—

147

1.20(c)

Filing a request for reexamination

2,520

—

148

1.20(d)

Statutory disclaimer

110

—

248

1.20(d)

Statutory disclaimer (Small Entity)

55

—

183

1.20(e)

Maintenance fee—due at 3.5 years

830

850

283

1.20(e)

Maintenance fee—due at 3.5 years (Small Entity)

415

425

184

1.20(f)

Maintenance fee—due at 7.5 years

1,900

1,950

284

1.20(f)

Maintenance fee—due at 7.5 years (Small Entity)

950

975

185

1.20(g)

Maintenance fee—due at 11.5 years

2,910

2,990

285

1.20(g)

Maintenance fee—due at 11.5 years (Small Entity)

1,455

1,495

186

1.20(h)

Surcharge—Late payment within 6 months

130

—

286

1.20(h)

Surcharge—Late payment within 6 months (Small Entity)

65

—

187

1.20(i)(1)

Surcharge—Maintenance after expiration—unavoidable

700

—

188

1.20(i)(2)

Surcharge—Maintenance after expiration—unintentional

1,640

—

111

1.20(j)(1)

Extension of term of patent (1.740)

1,120

—

124

1.20(j)(2)

Initial application for interim extension (1.790)

420

—

125

1.20(j)(3)

Subsequent application for interim extension (1.790)

220

—

609

1.21(a)(1)(i)

Application fee (non-refundable)

40

—

619

1.21(a)(1)(ii)

Registration examination fee

310

—

610

1.21(a)(2)

Registration to practice

100

—

611

1.21(a)(3)

Reinstatement to practice

40

—

612

1.21(a)(4)

Copy of certificate of good standing

10

—

613

1.21(a)(4)

Certificate of good standing—suitable for framing

20

—

615

1.21(a)(5)

Review of decision of Director, OED

130

—

616

1.21(a)(6)(i)

Regrading of seven or fewer questions

230

—

620

1.21(a)(6)(ii)

Regrading of eight or more questions

460

—

607

1.21(b)(1)

Establish deposit account

10

—

608

1.21(b)(2)

Service charge for below minimum balance

25

—

608

1.21(b)(3)

Service charge for below minimum balance—restricted account

25

—

577

1.21(c)

Disclosure document filing fee

10

—

578

1.21(d)

Local delivery box rental, annually

50

—

579

1.21(e)

International type search report

40

—

580

1.21(g)

Self-service copy charge, per page

.25

—

581

1.21(h)

Recording each patent assignment, per property

40

—

583

1.21(i)

Publication in Official Gazette

25

—

584

1.21(j)

Labor charges for services, per hour or fraction thereof

40

—

585

1.21(k)

Unspecified other services, excluding labor

(

1

)

—

592

1.21(k)

APS-CSIR terminal session time, per hour

50

—

586

1.21(l)

Retaining abandoned application

130

—

617

1.21(m)

Processing returned checks

50

—

587

1.21(n)

Handling fee for incomplete or improper application

130

—

588

1.21(o)

APS-Text terminal session time, per hour

40

—

590

1.24

Coupons for patent and trademark copies

3

—

589

1.296

Handling fee for withdrawal of SIR

130

—

150

1.445(a)(1)

Transmittal fee

240

—

153

1.445(a)(2)(i)

PCT search fee—prior U.S. application

450

—

151

1.445(a)(2)(ii)

PCT search fee—no U.S. application

700

—

152

1.445(a)(3)

Supplemental search per additional invention

210

—

190

1.482(a)(1)(i)

Preliminary examination fee—ISA was the U.S

490

—

191

1.482(a)(1)(ii)

Preliminary examination fee—ISA not the U.S

750

—

192

1.482(a)(2)(i)

Additional invention—ISA was the U.S

140

—

193

1.482(a)(2)(ii)

Additional invention—ISA not the U.S.

270

—

956

1.492(a)(1)

IPEA—U.S

670

690

957

1.492(a)(1)

IPEA—U.S. (Small Entity)

335

345

958

1.492(a)(2)

ISA—U.S

690

710

959

1.492(a)(2)

ISA—U.S. (Small Entity)

345

355

960

1.492(a)(3)

USPTO not ISA or IPEA

970

1,000

961

1.492(a)(3)

USPTO not ISA or IPEA (Small Entity)

485

500

962

1.492(a)(4)

Claims—IPEA

96

100

963

1.492(a)(4)

Claims—IPEA (Small Entity)

48

50

970

1.492(a)(5)

Filing with EPO or JPO search report

840

860

971

1.492(a)(5)

Filing with EPO or JPO search report (Small Entity)

420

430

964

1.492(b)

Claims—extra independent (over three)

78

80

965

1.492(b)

Claims—extra independent (over three) (Small Entity)

39

40

966

1.492(c)

Claims—extra total (over twenty)

18

—

967

1.492(c)

Claims—extra total (over twenty) (Small Entity)

9

—

968

1.492(d)

Claims—multiple dependent

260

270

969

1.492(d)

Claims—multiple dependent (Small Entity)

130

135

154

1.492(e)

Surcharge

130

—

254

1.492(e)

Surcharge (Small Entity)

65

—

156

1.492(f)

English translation after twenty or thirty months

130

—

361

2.6(a)(1)

Application for registration, per class

325

—

362

2.6(a)(2)

Amendment to Allege Use, per class

100

—

363

2.6(a)(3)

Statement of Use, per class

100

—

364

2.6(a)(4)

Extension for filing Statement of Use, per class

150

—

365

2.6(a)(5)

Application for renewal, per class

400

—

366

2.6(a)(6)

Additional fee for late renewal, per class

100

—

367

2.6(a)(7)

Publication of mark under § 12(c), per class

100

—

368

2.6(a)(8)

Issuing new certificate of registration

100

—

369

2.6(a)(9)

Certificate of correction, registrant's error

100

—

370

2.6(a)(10)

Filing disclaimer to registration

100

—

371

2.6(a)(11)

Filing amendment to registration

100

—

372

2.6(a)(12)

Filing section 8 affidavit, per class

100

—

373

2.6(a)(13)

Filing section 15 affidavit, per class

200

—

381

2.6(a)(14)

Filing a section 8 affidavit during the grace period, per class

100

—

375

2.6(a)(15)

Petition to the Director

100

—

376

2.6(a)(16)

Petition for cancellation, per class

300

—

377

2.6(a)(17)

Notice of opposition, per class

300

—

378

2.6(a)(18)

Ex parte appeal, per class

100

—

379

2.6(a)(19)

Dividing an application, per new application created

100

—

382

2.6(a)(20)

Correcting a deficiency in a section 8 affidavit

100

—

380

2.6(a)(21)

Correcting a deficiency in a renewal application

100

—

461

2.6(b)(1)(i)

Copy of registered mark

3

—

462

2.6(b)(1)(ii)

Copy of registered mark, overnight delivery to USPTO box or fax

6

—

463

2.6(b)(1)(iii)

Copy of reg. mark ordered by exp. mail or fax, exp. service

25

—

466

2.6(b)(2)(i)

Certified copy of trademark application as filed

15

—

467

2.6(b)(2)(ii)

Certified copy of trademark application as filed, expedited

30

—

468

2.6(b)(3)

Cert. or uncert. copy of TM-related file wrapper and contents

50

—

464

2.6(b)(4)(i)

Cert. copy of registered mark, with title or status

15

465

2.6(b)(4)(ii)

Cert. copy of registered mark, with title or status—expedited

30

—

469

2.6(b)(5)

Certified or uncertified copy of trademark document

25

—

481

2.6(b)(6)

Recording trademark property, per mark, per document

40

—

482

2.6(b)(6)

For second and subsequent marks in the same document

25

—

470

2.6(b)(7)

For assignment records, abstracts of title and certification

25

—

488

2.6(b)(8)

X-SEARCH terminal session time, per hour

40

—

480

2.6(b)(9)

Self-service copy charge, per page

0.25

—

484

2.6(b)(10)

Labor charges for services, per hour or fraction thereof

40

—

485

2.6(b)(11)

Unspecified other services, excluding labor

(

1

)­

—

650

2.7(a)

Recordal application fee

20

—

651

2.7(b)

Renewal application fee

20

—

652

2.7(c)

Late fee for renewal application

20

—

1

Actual Cost.

[FR Doc. 00-20354 Filed 8-10-00; 8:45 am]

BILLING CODE 3510-16-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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