Revision of Patent and Trademark Fees

DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Parts 1, 2, and 7

[Docket No. 950501124-5185-02]

RIN 0651-AA74

Revision of Patent and Trademark Fees

AGENCY: Patent and Trademark Office, Commerce.

ACTION: Final rule.

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SUMMARY: The Patent and Trademark Office (PTO) is amending the rules of

practice in patent and trademark cases, Parts 1, 2 and 7 of title 37,

Code of Federal Regulations, to adjust certain patent and trademark fee

amounts to reflect fluctuations in the Consumer Price Index (CPI) and

to recover costs of operation, and is amending the requirements for

recording documents on the Government Register. This rule also includes

information relating to the availability of patent and trademark

information products provided by the PTO.

EFFECTIVE DATE: October 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Robert Kopson by telephone at (703) 305-8510, fax at (703) 305-8525, or

by mail marked to his attention and addressed to the Commissioner of

Patents and Trademarks, Washington, D.C. 20231.

SUPPLEMENTARY INFORMATION: This rule change is designed to adjust PTO

fees in accordance with the applicable provisions of title 35, United

States Code; section 31 of the Trademark (Lanham) Act of 1946 (15

U.S.C. 1113); and section 10101 of the Omnibus Budget Reconciliation

Act of 1990 (as amended by section 8001 of Public Law 103-66), all as

amended by the Patent and Trademark Office Authorization Act of 1991

(Pub. L. 102-204).

[[Page 41019]]

The cover sheet referenced in 37 CFR 7.1(c) must be in a format

approved by the Office. The Office of Public Records will maintain a

list of approved formats that will meet this requirement. Contact the

Office of Public Records at (703) 308-9743 regarding specific questions

relating to this requirement and to seek approval of additional

formats.

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).

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 Consumer Price Index (CPI) over the previous 12 months.

Section 10101 of the Omnibus Budget Reconciliation Act of 1990

(amended by section 8001 of Pub. L. 103-66) provides that there shall

be a surcharge on all fees established under 35 U.S.C. 41(a) and (b) to

collect $111 million in fiscal year 1996.

Subsection 41(d) of title 35, United States Code, authorizes the

Commissioner 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, and for each black and

white copy of a patent.

Section 376 of title 35, United States Code, authorizes the

Commissioner 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 Commissioner under section 41 may take

effect thirty days after notice in the Federal Register and the

Official Gazette of the Patent and Trademark Office.

Section 31 of the Trademark (Lanham) Act of 1946, as amended (15

U.S.C. 1113), authorizes the Commissioner to establish fees for the

filing and processing of an application for the registration of a

trademark or other mark, and for all other services and materials

relating to trademarks and other marks.

Section 31(a) of the Trademark (Lanham) Act of 1946 (15 U.S.C.

1113(a)), as amended, allows trademark fees to be adjusted once each

year to reflect, in the aggregate, any fluctuations during the

preceding 12 months in the CPI.

Section 31 also allows new trademark fee amounts to take effect

thirty days after notice in the Federal Register and the Official

Gazette of the United States Patent and Trademark Office.

Recovery Level Determinations

This rule adjusts patent and trademark fees for a planned recovery

of $643,014,000 in fiscal year 1996, as proposed in the

Administration's budget request to the Congress.

The patent statutory fees established by 35 U.S.C. 41(a) and (b)

are being adjusted on October 1, 1995, to reflect any fluctuations

occurring during the previous 12 months in the Consumer Price Index

(CPI-U). In calculating these fluctuations, the Office of Management

and Budget (OMB) has determined that the PTO should use CPI-U data as

determined by the Secretary of Labor. However, the Department of Labor

does not make public the CPI-U until approximately 21 days after the

end of the month being calculated. Therefore, the latest CPI-U

information available is for the month of May 1995. In accordance with

previous rulemaking methodology, the PTO uses the Administration's

projected CPI-U for the 12-month period ending September 30, 1995,

which is 3.2 percent. Based on this projection, patent statutory fees

will be adjusted by 3.2 percent. Before the final fee schedule is

published, the fees may be slightly adjusted based on actual data

available from the Department of Labor.

Certain non-statutory patent processing fees established under 35

U.S.C. 41(d) and PCT processing fees established under 35 U.S.C. 376

are being adjusted to recover their estimated average costs in fiscal

year 1996. Three patent service fees that are set by statute will not

be adjusted. The three fees that are not being adjusted are assignment

recording fees, printed patent copy fees and photocopy charge fees.

Certain trademark service fees established under 15 U.S.C. 1113 are

being adjusted to recover their estimated average costs in fiscal year

1996.

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 the comparable small entity fee

would be a whole number.

Workload Projections

Determination of workloads varies by fee. Principal workload

projection techniques are as follows:

Patent application workloads are projected from statistical

regression models using recent application filing trends. Patent issues

are projected from an in-house patent production model and reflect

examiner production achievements and goals. Patent maintenance fee

workloads utilize patents issued 3.5, 7.5 and 11.5 years prior to

payment and assume payment rates of 79 percent, 55 percent and 32

percent, respectively. Service fee workloads follow linear trends from

prior years' activities.

General Procedures

Any fee amount that is paid on or after the effective date of the

fee increase would 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 the PTO. A Certificate of Mailing or Transmission under

Section 1.8 is not ``proper'' for items which are specifically excluded

from the provisions of Section 1.8. Section 1.8 should be consulted for

those items for which a Certificate of Mailing or Transmission is not

``proper.'' Such items include, inter alia, the filing of national and

international applications for patents and the filing of trademark

applications. However, the provisions of 37 CFR 1.10 relating to filing

papers and fees with an ``Express Mail'' certificate do apply to any

paper or fee (including patent and trademark applications) to be filed

in the PTO. If an application or fee is filed by ``Express Mail'' with

a proper certificate dated on or after the effective date of the rules,

as amended, the amount of the fee to be paid would be fee established

by the amended rules.

A notice of final rulemaking was published at 60 FR 20195 (April

25, 1995) wherein several new fee provisions were made to implement the

20-year patent term and provisional applications. Language changes were

made in 37 CFR 1.16 (a), (b), (d), (f), and (g) which are reproduced in

this final rule package. In addition, fees involving 37 CFR 1.17 (r)

and (s) are being adjusted by changes in the CPI to remain equal to the

basic filing fee for a utility patent application.

PTO Information Dissemination Products

The PTO provides information to the public in the Patent Search

Room and

[[Page 41020]]

the Trademark Search Library in Arlington, Virginia, and at 78 Patent

and Trademark Depository Libraries around the country. A list of the

libraries is included in each issue of the Official Gazette of the

Patent and Trademark Office. In addition, a number of patent and

trademark search tools and document-delivery products, published on

paper and on various machine-readable media, are sold directly to the

public.

Printed PTO publications may be ordered from the Government

Printing Office (GPO) or one of its Book Stores located throughout the

country. A list of patent and trademark-related publications with

current prices and ordering information is available from the GPO

(Subject Bibliography SB 021). Superintendent of Documents, P.O. Box

371984, Pittsburgh, PA 15250-7954, Voice: 202-512-1800, Fax: 202-512-

2250.

Machine-readable publications, including magnetic tapes and CD-

ROMs, may be ordered directly from the PTO. A printed catalog of

machine-readable products, including current prices and ordering

information, is available from the Office of Information Products

Development. US Patent and Trademark Office, Office of Information

Products Development, Crystal Park 3, Room 412, Washington, DC 20231,

Voice: 703-308-0322, Fax: 703-308-0493.

The catalog of machine-readable products is published in the

Official Gazette of the Patent and Trademark Office in late December

each year and may also be viewed on, or downloaded from, the PTO

electronic bulletin board (703-305-8950, 8/no/1) or from the PTO's home

page on the Internet

(http://www.uspto.gov/).

In order 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)-(i), is revised to

adjust fees established therein to reflect fluctuations in the CPI.

Section 1.16, paragraphs (a), (b), (d), and (g) include language

changes relating to provisional patent applications (see 60 FR 20195,

dated April 25, 1995).

37 CFR 1.17 Patent Application Processing Fees

Section 1.17, paragraphs (b)-(g) (m), (r), and (s), is revised to

adjust fees established therein to reflect fluctuations in the CPI.

Section 1.17, paragraphs (j) and (n)-(p), is revised to adjust fees

established therein to recover costs.

37 CFR 1.18 Patent Issue Fees

Section 1.18, paragraphs (a)-(c), is revised to adjust fees

established therein to reflect fluctuations in the CPI.

37 CFR 1.19 Document Supply Fees

Section 1.19, paragraphs (a)(1)(ii) and (a)(1)(iii) is revised to

amend the language to reflect the PTO's most recent business practices.

Section 1.19, paragraph (b)(1), is revised to adjust fees

established therein to reflect fluctuations in the CPI.

37 CFR 1.20 Post-Issuance Fees

Section 1.20, paragraphs (c), (i), and (j), is revised to adjust

fees established therein to recover costs.

Section 1.20, paragraphs (e)-(g), is 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)(1), is revised to adjust fees

established therein to recover costs.

37 CFR 1.445 International Application Filing, Processing, and Search

Fees

Section 1.445, paragraph (a), is revised to adjust the fees

authorized by 35 U.S.C. 376 to recover costs.

37 CFR 1.482 International Preliminary Examination Fees

Section 1.482, paragraphs (a)(1)(i), (a)(1)(ii), and (a)(2)(ii), is

revised to adjust the fees authorized by 35 U.S.C. 376 to recover

costs.

37 CFR 1.492 National Stage Fees

Section 1.492, paragraphs (a), (b) and (d), is revised to adjust

fees established therein to reflect fluctuations in the CPI.

37 CFR 2.6 Trademark Fees

Section 2.6, paragraphs (b)(1)(ii) and (b)(1)(iii), is revised to

amend the language to reflect the PTO's most recent business practices.

Section 2.6, paragraph (b)(2), is revised to adjust fees therein to

recover costs.

37 CFR 7.1 Requirements

Section 7.1, is revised to designate the current language as

paragraph (a), and to add new paragraphs (b)-(j) to clarify that the

requirements for patent and patent application assignment documents,

including the requirement for the fee set forth in Sec. 1.21(h),

submitted for recording also apply to instruments submitted for

recording on the Government Register. Sections 7.1(b)-(d) and (f)-(i)

contain language similar to that in Secs. 3.21, 3.28, 3.31, 3.34, 3.26,

3.27, and 3.41, respectively.

Section 7.1(b), is added to provide that an instrument relating to

a patent must identify the patent by the patent number, that an

instrument relating to a national patent application must identify the

national patent application by the application number (consisting of

the series code and the serial number, e.g., 07/123,456) or the serial

number and filing date, that an instrument relating to an international

patent application which designates the United States of America must

identify the international application by the international application

number (e.g., PCT/US90/01234), and that if an assignment is executed

concurrently with, or subsequent to, the execution of the patent

application, but before the patent application is filed, it must

identify the patent application by its date of execution, name of each

inventor, and title of the invention so that there can be no mistake as

to the patent application intended.

Section 7.1(c), is added to provide that each instrument submitted

to the PTO for recording must be accompanied by a cover sheet referring

to those patent applications and patents against which the instrument

is to be recorded, that one set of instruments and cover sheets to be

recorded should be filed, and that if an instrument to be recorded is

not accompanied by a completed cover sheet, the instrument and any

incomplete cover sheet will be returned for proper completion of a

cover sheet and resubmission of the instrument and a completed cover

sheet.

Section 7.1(d), is added to provide that each cover sheet must

contain: (1) the name of the party conveying the interest; (2) the name

and address of the party receiving the interest; (3) a description of

the interest conveyed or transaction to be recorded; (4) each

application number or patent number against which the instrument is to

be recorded, or an indication that the instrument is filed together

with a patent application; (5) the name and address of the party to

whom correspondence concerning the request to record the instrument

should be mailed; (6) the number of applications or patents identified

in the cover sheet and the total fee; (7) the date the instrument was

executed; (8) a statement by the party submitting the instrument that

to the best of the person's knowledge and belief, the information

contained on the cover

[[Page 41021]]

sheet is true and correct and any copy submitted is a true copy of the

original instrument; and (9) the signature of the party submitting the

instrument.

Section 7.1(e), is added that each patent cover sheet required by

paragraph (c) of this section seeking to record a governmental interest

as provided by paragraph (a) of this section must: (1) indicate that

the instrument is to be recorded on the governmental register, and, if

applicable, that the instrument is to be recorded on the Secret

Register. See Sec. 7.7, and (2) indicate, if applicable, that the

instrument to be recorded is not an instrument affecting title. See

paragraph (j) of this section.

Section 7.1(f), is added to provide for the correction of errors in

the cover sheet. Specifically, Sec. 7.1(e), provides that an error in a

cover sheet recorded pursuant to this Part will be corrected only if:

(1) the error is apparent when the cover sheet is compared with the

recorded instrument to which it pertains, and (2) a corrected cover

sheet accompanied by the recording fee set forth in paragraph (i) of

this section and either the original recorded instrument or a copy of

the original recorded instrument is filed for recordation.

Section 7.1(g), is added to provide that the Office will accept and

record non-English language instruments only if accompanied by a

verified English translation signed by the individual making the

translation.

Section 7.1(h), is added to provide that instruments and cover

sheets to be recorded should be addressed to the Commissioner of

Patents and Trademarks, Box Assignment, Washington, D.C. 20231.

Section 7.1(i) is added to provide that all requests, except as

provided by paragraph (j) of this section, to record instruments must

be accompanied by the recording fee set forth in Sec. 1.21(h) of this

chapter, and that the fee set forth in Sec. 1.21(h) of this chapter is

required for each application and patent against which the instrument

is recorded as identified in the cover sheet.

Section 7.1(j), is added to provide that no fee is required for

each patent application and patent against which an instrument required

by Executive Order 9424 (3 CFR 1943-1948 Comp.) to be filed if: (1) the

instrument does not affect title and is so identified in the cover

sheet (see paragraph (e) of this section); and (2) the cover sheet is

filed in a format approved by the Office.

Response to Comments on the Rules

A notice of proposed rulemaking to adjust certain patent and

trademark fee amounts and to amend the requirements for recording an

assignment to apply to documents forwarded for recording on the

Government Register was published in the Federal Register on May 26,

1995, at 60 FR 27934, and in the Official Gazette of the United States

Patent and Trademark Office on May 30, 1995, at 1174 OG 134.

A public hearing was held June 29, 1995. Nine comments were

received and considered in adopting the rules set forth herein. No oral

testimony was presented.

Comment: Two respondents stated that the proposed inflationary

increase of patent and trademark fees is unnecessary because the PTO is

already operating at a surplus.

Response: Current PTO resources include carryover funds from fiscal

year 1994. These carryover funds are partly unobligated balances to be

carried forward, but primarily advanced fee payments for work to be

done in fiscal year 1995. Furthermore, this carryover includes fee

income generated from trademark-related products and services which,

according to 35 U.S.C. 42(c), may be used only for trademark-related

activities. Therefore, to recover all costs associated with the

processing of patent applications, and to remain consistent with the

current rate of inflation, the PTO is increasing certain patent fees by

3.2 percent as authorized by 35 U.S.C. 41(f).

In addition, two trademark service fees were proposed to be

increased. The adopted fee amounts will recover the average cost of

providing the service as authorized by 35 U.S.C. 41(d), and will also

remain consistent with the equivalent patent service fee amounts.

Comments: Seven respondents objected to the proposal to amend the

requirements for recording an assignment to apply to documents

forwarded for recording on the Government Register. The respondents

stated that not only are Government agencies required by Executive

Order 9424 to forward an assignment to the PTO for recordation, but

also the PTO lacks the authority under Title 35 of the United States

Code to impose a fee for recording an assignment on the Government

Register.

Response: 35 U.S.C. 41(d)(1) provides that the Commissioner shall

charge a fee of $40 per property for recording any document affecting

title. An assignment is a document affecting title. Therefore, the

Office must require a $40 recording fee for recording any assignment,

even those being recorded on the Government Register. If a document to

be recorded on the Government Register does not affect title and if it

is accompanied by the appropriate cover sheet, then no fee is required.

Other Considerations

This final rule change is in conformity with the requirements of

Executive Order 12612, and the Paperwork Reduction Act of 1980, 44

U.S.C. 3501, et seq. This rulemaking contains no information collection

within the meaning of the Paperwork Reduction Act. This final rule has

been determined not to be significant for purposes of Executive Order

12866.

The PTO has determined that this final rule change has no

Federalism implications affecting the relationship between the National

Government and the States as outlined in Executive Order 12612.

The Assistant General Counsel for Legislation and Regulation of the

Department of Commerce has certified to the Chief Counsel for Advocacy,

Small Business Administration, that the final rule change would not

have a signficiant impact on a substantial number of small entities

(Regulatory Flexibility Act, Pub. L. 96-354). The final rule change

increases fees to reflect the change in the CPI as authorized by 35

U.S.C. 42(f). Further, the principal impact of the major patent fees

has already been taken into account in 35 U.S.C. 41(h), which provides

small entities with a 50-percent reduction in the major patent fees.

A comparison of existing and new fee amounts is included as an

Appendix to this notice of final rulemaking.

Lists of Subjects

37 CFR Part 1

Administrative practice and procedure, Inventions and patents,

Reporting and record keeping requirements, Small businesses.

37 CFR Part 2

Administrative practice and procedure, Courts, Lawyers, Trademarks.

37 CFR Part 7

Administrative practice and procedure, Inventions, and patents,

Reporting and record keeping requirements.

For the reasons set forth in the preamble, the PTO is amending

title 37 of the Code of Federal Regulations, Chapter 1, Part 1, as set

forth below.

PART 1--RULES OF PRACTICE IN PATENT CASES

1. The authority citation for 37 CFR Part 1 would continue to read

as follows:

[[Page 41022]]

Authority: 35 U.S.C. 6, unless otherwise noted.

2. Section 1.16 is amended by revising paragraphs (a), (b), (d),

and (f) through (i), to read as follows:

Sec. 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 (Sec. 1.9(f))

$375.00

By other than a small entity

$750.00

(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 (Sec. 1.9(f))

$39.00

By other than a small entity

$78.00

* * * * *

(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 (Sec. 1.9(f))

$125.00

By other than a small entity

$250.00

(If the additional fees required by paragraphs (b), (c), and (d) of

this section are not paid on filing or on later presentation of the

claims for which the additional fees are due, they must be paid or

the claims canceled by amendment prior to the expiration of the time

period set for response by the Office in any notice of fee

deficiency.)

* * * * *

(f) Basic fee for filing each design application:

By a small entity (Sec. 1.9(f))

$155.00

By other than a small entity

$310.00

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

provisional applications:

By a small entity (Sec. 1.9(f))

$255.00

By other than a small entity

$510.00

(h) Basic fee for filing each reissue application:

By a small entity (Sec. 1.9(f))

$375.00

By other than a small entity

$750.00

(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 (Sec. 1.9(f))

$39.00

By other than a small entity

$78.00

* * * * *

3. Section 1.17 is amended by revising paragraphs (b) through (g),

(j), (m) through (p), (r), and (s) to read as follows:

Sec. 1.17 Patent application processing fees.

* * * * *

(b) Extension fee for response within second month pursuant to

Sec. 1.136(a):

By a small entity (Sec. 1.9(f))

$190.00

By other than a small entity

$380.00

(c) Extension fee for response within third month pursuant to

Sec. 1.136(a):

By a small entity (Sec. 1.9(f))

$450.00

By other than a small entity

$900.00

(d) Extension fee for response within fourth month pursuant to

Sec. 1.136(a)

By a small entity (Sec. 1.9(f))

$700.00

By other than a small entity

$1,400.00

(e) For filing a notice of appeal from the examiner to the Board

of Patent Appeals and Interferences:

By a small entity (Sec. 1.9(f))

$145.00

By other then a small entity

$290.00

(f) In addition to the fee for filing a notice of appeal, for

filing a brief in support of an appeal:

By a small entity (Sec. 1.9(f))

$145.00

By other than a small entity

290.00

(g) 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 (Sec. 1.9(f))

$125.00

By other than a small entity

$250.00

* * * * *

(j) For filing a petition to institute a public use proceeding

under

Sec. 1.292

$1,430.00

* * * * *

(m) For filing a petition:

(1) For revival of an unintentionally abandoned application, or

(2) For the unintentionally delayed payment of the fee for

issuing a patent:

By a small entity (Sec. 1.9(f))

$625.00

By other than a small entity

$1,250.00

(n) For requesting publication of a statutory invention

registration prior to the mailing of the first examiner's action

pursuant to Sec. 1.104--$870.00 reduced by the amount of the

application basic filing fee paid.

(o) For requesting publication of a statutory invention

registration after the mailing of the first examiner's action

pursuant to Sec. 1.104--$1,740.00 reduced by the amount of the

application basic filing fee paid.

(p) For submission of an information disclosure statement under

Sec. 1.97(c)

$220.00

* * * * *

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

Sec. 1.129(a):

By a small entity (Sec. 1.9(f))

375.00

By other than a small entity

$750.00

(s) For each additional invention requested to be examined under

Sec. 1.129(b):

By a small entity (Sec. 1.9(f))

$375.00

By other than a small entity

$750.00

4. Section 1.18 is revised to read as follows:

Sec. 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 (Sec. 1.9(f))

$625.00

By other than a small entity

$1,250.00

(b) Issue fee for issuing a design patent:

By a small entity (Sec. 1.9(f))

$215.00

By other than a small entity

$430.00

(c) Issue fee for issuing a plant patent:

By a small entity (Sec. 1.9(f))

$315.00

By other than a small entity

$630.00

5. Section 1.19 is amended by revising paragraphs (a)(1)(ii),

(a)(1)(iii), (b)(1)(i), and (b)(1)(ii) to read as follows:

Sec. 1.19 Document supply fees.

* * * * *

(a) * * *

(1) * * *

* * * * *

(ii) Overnight delivery to PTO Box or overnight fax

$6.00

(iii) Expedited service for copy ordered by expedited mail or fax

delivery service and delivered to the customer within two workdays

$25.00

* * * * *

(b) * * *

(1) * * *

(i) Regular service

$15.00

(ii) Expedited regular service

$30.00

* * * * *

6. Section 1.20 is amended by revising paragraphs (c), (e) through

(g), (i)(1), (i)(2), and (j) to read as follows:

Sec. 1.20 Post issuance fees.

* * * * *

(c) For filing a request for reexamination (Sec. 1.510(a))

$2,390.00

* * * * *

(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 (Sec. 1.9(f)) $495.00

By other than a small entity

$990.00

(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 (Sec. 1.9(f))

$995.00

By other than a small entity

$1,990.00

(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 (Sec. 1.9(f))

$1,495.00

By other than a small entity

$2,990.00

* * * * *

(i) * * *

(1) unavoidable

$660.00

(2) Unintentional

$1,550.00

* * * * *

(j) For filing an application for extension of the term of a

patent

(Sec. 1.740)

$1,060.00

7. Section 1.21 is amended by revising paragraph (a)(1) to read as

follows:

Sec. 1.21 Miscellaneous fees and charges.

* * * * *

(a) * * *

(1) For admission to examination for registration to practice: fee

payable upon application

$310.00

* * * * *

[[Page 41023]]

8. Section 1.445 is amended by revising paragraph (a) to read as

follows:

Sec. 1.445 International application filing, processing and search

fees.

(a) The following fees and charges for international

applications are established by the Commissioner under the authority

of 35 U.S.C. 376:

(1) A transmittal fee (see 35 U.S.C. 361(d) and PCT Rule 14)

$220.00

(2) A search fee (see 35 U.S.C. 361(d) and PCT Rule 16) where:

(i) No corresponding prior United States national application with

basic filing fee has been filed

$660.00

(ii) A corresponding prior United States national application with

basic filing fee has been filed

$430.00

(3) A supplemental search fee when required, per additional invention

$190.00

* * * * *

9. Section 1.482 is amended by revising paragraphs (a)(1) and

(a)(2)(ii) to read as follows:

Sec. 1.482 International preliminary examination fees.

(a) * * *

(1) A preliminary examination fee is due on filing the Demand:

(i) Where an international search fee as set forth in Sec. 1.445(a)(2)

has been paid on the international application to the United States

Patent and Trademark Office as an International Searching Authority, a

preliminary examination fee of

$470.00

(ii) Where the International Searching Authority for the international

application was an authority other than the United States Patent and

Trademark Office, a preliminary examination fee of

$710.00

(2) * * *

(ii) Where the International Searching Authority for the International

application was an authority other than the United States Patent and

Trademark Office

$250.00

* * * * *

10. Section 1.492 is amended by revising paragraphs (a), (b), and

(d) to read as follows:

Sec. 1.492 National stage fees.

* * * * *

(a) The basic national fee:

(1) Where an international preliminary examination fee as set forth

in Sec. 1.482 has been paid on the international application to the

United States Patent and Trademark Office:

By a small entity (Sec. 1.9(f))

$340.00

By other than a small entity

$680.00

(2) Where no international preliminary examination fee as set forth

in Sec. 1.482 has been paid to the United States Patent and Trademark

Office, but an international search fee as set forth in

Sec. 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 (Sec. 1.9(f))

$375.00

By other than a small entity

$750.00

(3) Where no international preliminary examination fee as set forth

in Sec. 1.482 has been paid and no international search fee as set

forth in Sec. 1.445(a)(2) has been paid on the international

application to the United States Patent and Trademark Office:

By a small entity (Sec. 1.9(f))

$505.00

By other than a small entity

$1,010.00

(4) Where an international preliminary examination fee as set forth

in Sec. 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 Sec. 1.496(b)):

By a small entity (Sec. 1.9(f))

$47.00

By other than a small entity

$94.00

(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 (Sec. 1.9(f))

$440.00

By other than a small entity

$880.00

(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 (Sec. 1.9(f))

$39.00

By other than a small entity

$78.00

* * * * *

(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 (Sec. 1.9(f))

$125.00

By other than a small entity

$250.00

* * * * *

PART 2--RULES OF PRACTICE IN TRADEMARK CASES

1. The authority citation for 37 CFR Part 2 would continue to read

as follows:

Authority: 15 U.S.C. 1123; 35 U.S.C. 6, unless otherwise noted.

2. Section 2.6 is amended by revising paragraphs (b)(1)(ii),

(b)(1)(iii), (b)(2)(i), and (b)(2)(ii) to read as follows:

Sec. 2.6 Trademark fees.

* * * * *

(b) * * *

(1) * * *

* * * * *

(ii) Overnight delivery to PTO Box or overnight fax

$6.00

(iii) Expedited service for copy ordered by expedited mail or fax

delivery service and delivered to the customer within two work days

$25.00

* * * * *

(2) * * *

(i) Regular service

$15.00

(ii) Expedited local service

$30.00

* * * * *

PART 7--REGISTER OF GOVERNMENT INTERESTS IN PATENTS

1. The authority citation for 37 CFR Part 7 would continue to read

as follows:

Authority: E.O. 9424, February 18, 1944, 9 FR 1959; 3 CFR 1943-

1948 Comp.

2. Section 7.1 is revised to read as follows:

Sec. 7.1 Requirements.

(a) Executive Order 9424 (3 CFR 1943-1948 Comp.) requires the

several departments and other executive agencies of the Government,

including Government-owned or Government-controlled corporations, to

forward promptly to the Commissioner of Patents and Trademarks for

recording all licenses, assignments, or other interests of the

Government in or under patents or applications for patents.

(b) An instrument relating to a patent must identify the patent by

the patent number. An instrument relating to a national patent

application must identify the national patent application by the

application number (consisting of the series code and the serial

number, e.g., 07/123,456) or the serial number and filing date. An

instrument relating to an international patent application which

designates the United States of America must identify the international

applications by the international application number (e.g., PCT/US90/

01234). If an assignment is executed concurrently with, or subsequent

to, the execution of the patent application, but before the patent

application is filed, it must identify the patent application by its

date of execution, name of each inventor, and title of the invention so

that there can be no mistake as to the patent application intended.

(c) Each instrument submitted to the Office for recording must be

accompanied by at least one cover sheet as specified in paragraph (d)

of this section referring to those patent applications and patents

against which the instrument is to be recorded. Only one set of

instruments and cover sheets

[[Page 41024]]

to be recorded should be filed. If an instrument to be recorded is not

accompanied by a completed cover sheet, the instrument and any

incomplete cover sheet will be returned for proper completion of a

cover sheet and resubmission of the instrument and a completed cover

sheet.

(d) Each cover sheet required by paragraph (c) of this section must

contain:

(1) the name of the party conveying the interest;

(2) the name and address of the party receiving the interest;

(3) a description of the interest conveyed or transaction to be

recorded;

(4) each application number or patent number against which the

instrument is to be recorded, or an indication that the instrument is

filed together with a patent application;

(5) the name and address of the party to whom correspondence

concerning the request to record the instrument should be mailed;

(6) the number of applications or patents identified in the cover

sheet and the total fee;

(7) the date the instrument was executed;

(8) a statement by the party submitting the instrument that to the

best of the person's knowledge and belief, the information contained on

the cover sheet is true and correct and any copy submitted is a true

copy of the original instrument; and

(9) the signature of the party submitting the instrument.

(e) Each patent cover sheet required by paragraph (c) of this

section seeking to record a governmental interest as provided by

paragraph (a) of this section must:

(1) indicate that the instrument is to be recorded on the

governmental register, and, if applicable, that the instrument is to be

recorded on the Secret Register. See Sec. 7.7.

(2) indicate, if applicable, that the instrument to be recorded is

not an instrument affecting title. See paragraph (j) of this section.

(f) An error in a cover sheet recorded pursuant to this Part will

be corrected only if:

(1) the error is apparent when the cover sheet is compared with the

recorded instrument to which it pertains, and

(2) a corrected cover sheet accompanied by the recording fee set

forth in paragraph (i) of this section and either the original recorded

instrument or a copy of the original recorded instrument is filed for

recordation.

(g) The Office will accept and record non-English language

instruments only if accompanied by a verified English translation

signed by the individual making the translation.

(h) Instruments and cover sheets to be recorded should be addressed

to the Commissioner of Patents and Trademarks, Box Assignment,

Washington, D.C. 20231.

(i) All requests to record instruments must be accompanied by the

appropriate fee. Except as provided in paragraph (j) of this section, a

recording fee set forth in Sec. 1.21(h) of this chapter fee is required

for each application and patent against which the instrument is

recorded as identified in the cover sheet.

(j) No fee is required for each patent application and patent

against which an instrument required by Executive Order 9424 (3 CFR

1943-1948 Comp.) to be filed if:

(1) the instrument does not affect title and is so identified in

the cover sheet (see paragraph (e) of this section); and

(2) the cover sheet is filed in a format approved by the Office.

Dated: August 4, 1995.

Bruce A. Lehman,

Assistant Secretary of Commerce and Commissioner of Patents and

Trademarks.

Note. The following appendix will not appear in the Code of

Federal Regulations.

Appendix A--Comparison of Existing and Revised Fee Amounts

----------------------------------------------------------------------------------------------------------------

Pre-Oct.

37 CFR Sec. Description 1995 Oct. 1995

----------------------------------------------------------------------------------------------------------------

1.16(a)........... Basic Filing Fee.................................................. $730 $750

1.16(a)........... Basic Filing Fee (Small Entity)................................... 365 375

1.16(b)........... Independent Claims................................................ 76 78

1.16(b)........... Independent Claims (Small Entity)................................. 38 39

1.16(c)........... Claims in Excess of 20............................................ 22 ...........

1.16(c)........... Claims in Excess of 20 (Small Entity)............................. 11 ...........

1.16(d)........... Multiple Dependent Claims......................................... 240 250

1.16(d)........... Multiple Dependent Claims (Small Entity).......................... 120 125

1.16(e)........... Surcharge--Late Filing Fee........................................ 130 ...........

1.16(e)........... Surcharge--Late Filing Fee (Small Entity)......................... 65 ...........

1.16(f)........... Design Filing Fee................................................. 300 310

1.16(f)........... Design Filing Fee (Small Entity).................................. 150 155

1.16(g)........... Plant Filing Fee.................................................. 490 510

1.16(g)........... Plant Filing Fee (Small Entity)................................... 245 255

1.16(h)........... Reissue Filing Fee................................................ 730 750

1.16(h)........... Reissue Filing Fee (Small Entity)................................. 365 375

1.16(i)........... Reissue Independent Claims........................................ 76 78

1.16(i)........... Reissue Independent Claims (Small Entity)......................... 38 39

1.16(j)........... Reissue Claims in Excess of 20.................................... 22 ...........

1.16(j)........... Reissue Claims in Excess of 20 (Small Entity)..................... 11 ...........

1.16(k)........... Provisional Application Filing Fee................................ 150 ...........

1.16(k)........... Provisional Application Filing Fee (Small Entity)................. 75 ...........

1.16(l)........... Surcharge--Incomplete Provisional App. Filed...................... 50 ...........

1.16(l)........... Surcharge--Incomplete Provisional App. Filed (Small Entity)....... 25 ...........

1.17(a)........... Extension--First Month............................................ 110 ...........

1.17(a)........... Extension--First Month (Small Entity)............................. 55 ...........

1.17(b)........... Extension--Second Month........................................... 370 380

1.17(b)........... Extension--Second Month (Small Entity)............................ 185 190

[[Page 41025]]

1.17(c)........... Extension--Third Month............................................ 870 900

1.17(c)........... Extension--Third Month (Small Entity)............................. 435 450

1.17(d)........... Extension--Fourth Month........................................... 1,360 1,400

1.17(d)........... Extension--Fourth Month (Small Entity)............................ 680 700

1.17(e)........... Notice of Appeal.................................................. 280 290

1.17(e)........... Notifce of Appeal (Small Entity).................................. 140 145

1.17(f)........... Filing a Brief.................................................... 280 290

1.17(f)........... Filing a Brief (Small Entity)..................................... 140 145

1.17(g)........... Request for Oral Hearing.......................................... 240 250

1.17(g)........... Request for Oral Hearing (Small Entity)........................... 120 125

1.17(h)........... Petition--Not All Inventors....................................... 130 ...........

1.17(h)........... Petition--Correction of Inventorship.............................. 130 ...........

1.17(h)........... Petition--Decision on Questions................................... 130 ...........

1.17(h)........... Petition--Suspend Rules........................................... 130 ...........

1.17(h)........... Petition--Expedited License....................................... 130 ...........

1.17(h)........... Petition--Scope of License........................................ 130 ...........

1.17(h)........... Petition--Retroactive License..................................... 130 ...........

1.17(h)........... Petition--Refusing Maintenance Fee................................ 130 ...........

1.17(h)........... Petition--Refusing Maintenance Fee--Expired Patent................ 130 ...........

1.17(h)........... Petition--Interference............................................ 130 ...........

1.17(h)........... Petition--Reconsider Interference................................. 130 ...........

1.17(h)........... Petition--Late Filing of Interference............................. 130 ...........

1.20(b)........... Petition--Correction of Inventorship.............................. 130 ...........

1.17(h)........... Petition--Refusal to Publish SIR.................................. 130 ...........

1.17(i)........... Petition--For Assignment.......................................... 130 ...........

1.17(i)........... Petition--For Application......................................... 130 ...........

1.17(i)........... Petition--Late Priority Papers.................................... 130 ...........

1.17(i)........... Petition--Suspend Action.......................................... 130 ...........

1.17(i)........... Petition--Divisional Reissues to Issue Separately................. 130 ...........

1.17(i)........... Petition--For Interference Agreement.............................. 130 ...........

1.17(i)........... Petition--Amendment After Issue................................... 130 ...........

1.17(i)........... Petition--Withdrawal After Issue.................................. 130 ...........

1.17(i)........... Petition--Defer Issue............................................. 130 ...........

1.17(i)........... Petition--Issue to Assignee....................................... 130 ...........

1.17(i)........... Petition--Accord a Filing Date Under Sec. 1.53................... 130 ...........

1.17(i)........... Petition--Accord a Filing Date Under Sec. 1.62................... 130 ...........

1.17(i)........... Petition--Make Application Special................................ 130 ...........

1.17(j)........... Petition--Public Use Proceeding................................... 1,390 1,430

1.17(k)........... Non-English Specification......................................... 130 ...........

1.17(l)........... Petition--Revive Abandoned Appl................................... 110 ...........

1.17(l)........... Petition--Revive Abandoned Appl. (Small Entity)................... 55 ...........

1.17(m)........... Petition--Revive Unintentionally Abandoned Appl................... 1,210 1,250

1.17(m)........... Petition--Revive Unintent Abandoned Appl. (Small Entity).......... 605 625

1.17(n)........... SIR--Prior to Examiner's Action................................... 840 870

1.17(o)........... SIR--After Examiner's Action...................................... 1,690 1,740

1.17(p)........... Submission of an Information Disclosure Statement (Sec. 1.97).... 210 220

1.17(q)........... Petition--Correction of Inventorship (Prov. App.)................. 50 ...........

1.17(q)........... Petition--Accord a filing date (Prov. App.)....................... 50 ...........

1.17(r)........... Filing a submission after final rejection (1.129(a)).............. 730 750

1.17(r)........... Filing a submission after final rejection (1.129(a)) (Small 365 375

Entity).

1.17(s)........... Per add'l invention to be examined (1.129(b))..................... 730 750

1.17(s)........... Per add'l invention to be examined (1.129(b)) (Small Entity)...... 365 375

1.18(a)........... Issue Fee......................................................... 1,210 1,250

1.18(a)........... Issue Fee (Small Entity).......................................... 605 625

1.18(b)........... Design Issue Fee.................................................. 420 430

1.18(b)........... Design Issue Fee (Small Entity)................................... 210 215

1.18(c)........... Plant Issue Fee................................................... 610 630

1.18(c)........... Plant Issue Fee (Small Entity).................................... 305 315

1.19(a)(1)(i)..... Copy of Patent.................................................... 3 ...........

1.19(a)(1)(ii).... Patent Copy--Overnight delivery to PTO Box or overnight fax....... 6 ...........

1.19(a)(1)(iii)... Patent Copy Ordered by Expedited Mail or Fax--Exp. service........ 25 ...........

1.19(a)(2)........ Plant Patent Copy................................................. 12 ...........

1.19(a)(3)(i)..... Copy of Utility Patent or SIR in Color............................ 24 ...........

1.19(b)(1)(i)..... Certified Copy of Patent Application as Filed..................... 12 15

1.19(b)(1)(ii).... Certified Copy of Patent Application as Filed, Expedited.......... 24 30

1.19(b)(2)........ Cert or Uncert Copy of Patent-Related File Wrapper/Contents....... 150 ...........

1.19(b)(3)........ Cert. or Uncert. Copies of Office Records, per Document........... 25 ...........

1.19(b)(4)........ For Assignment Records, Abstract of Title and Certification....... 25 ...........

1.19(c)........... Library Service................................................... 50 ...........

1.19(d)........... List of Patents in Subclass....................................... 3 ...........

1.19(e)........... Uncertified Statement-Status of Maintenance Fee Payment........... 10 ...........

[[Page 41026]]

1.19(f)........... Copy of Non-U.S. Patent Document.................................. 25 ...........

1.19(g)........... Comparing and Certifying Copies, Per Document, Per Copy........... 25 ...........

1.19(h)........... Duplicate or Corrected Filing Receipt............................. 25 ...........

1.20(a)........... Certificate of Correction......................................... 100 ...........

1.20(c)........... Reexamination..................................................... 2,320 2,390

1.20(d)........... Statutory Disclaimer.............................................. 110 ...........

1.20(d)........... Statutory Disclaimer (Small Entity)............................... 55 ...........

1.20(e)........... Maintenance Fee--3.5 Years........................................ 960 990

1.20(e)........... Maintenance Fee--3.5 Years (Small Entity)......................... 480 495

1.20(f)........... Maintenance Fee--7.5 Years........................................ 1,930 1,990

1.20(f)........... Maintenance Fee--7.5 Years (Small Entity)......................... 965 995

1.20(g)........... Maintenance Fee--11.5 Years....................................... 2,900 2,990

1.20(g)........... Maintenance Fee--11.5 Years (Small Entity)........................ 1,450 1,495

1.20(h)........... Surcharge--Maintenance Fee--6 Months.............................. 130 ...........

1.20(h)........... Surcharge--Maintenance Fee--6 Months (Small Entity)............... 65 ...........

1.20(i)(1)........ Surcharge--Maintenance After Expiration--Unavoidable.............. 640 660

1.20(i)(2)........ Surcharge--Maintenance After Expiration--Unintentional............ 1,500 1,550

1.20(j)........... Extension of Term of Patent....................................... 1,030 1,060

1.21(a)(1)........ Admission to examination.......................................... 300 310

1.21(a)(2)........ Registration to Practice.......................................... 100 ...........

1.21(a)(3)........ Reinstatement to Practice......................................... 15 ...........

1.21(a)(4)........ Certificate of Good Standing...................................... 10 ...........

1.21(a)(4)........ Certificate of Good Standing, Suitable Framing.................... 20 ...........

1.21(a)(5)........ Review of Decision of Director, OED............................... 130 ...........

1.21(a)(6)........ Regrading of Examination.......................................... 130 ...........

1.21(b)(1)........ Establish Deposit Account......................................... 10 ...........

1.21(b)(2)........ Service Charge Below Minimum Balance.............................. 25 ...........

1.21(b)(3)........ Service Charge Below Minimum Balance.............................. 25 ...........

1.21(c)........... Filing a Disclosure Document...................................... 10 ...........

1.21(d)........... Box Rental........................................................ 50 ...........

1.21(e)........... International Type Search Report.................................. $40 ...........

1.21(g)........... Self-Service Copy Charge.......................................... .25 ...........

1.21(h)........... Recording Patent Property......................................... 40 ...........

1.21(i)........... Publication in the OG............................................. 25 ...........

1.21(j)........... Labor Charges for Services........................................ 30 ...........

1.21(k)........... Unspecified Other Services........................................ ........... ...........

1.21(k)........... Terminal Use APS-CSIR (per hour).................................. 50 ...........

1.21(m)........... Processing Returned Checks........................................ 50 ...........

1.21(n)........... Handling Fee--Incomplete Application.............................. 130 ...........

1.21(o)........... Terminal Use APS-TEXT............................................. 40 ...........

1.24.............. Coupons for Patent and Trademark Copies........................... 3 ...........

1.296............. Handling Fee--Withdrawal SIR...................................... 130 ...........

1.445(a)(1)....... Transmittal Fee................................................... 210 $220

1.445(a)(2)(i).... PCT Search Fee--No U.S. Application............................... 640 660

1.445(a)(2)(ii)... PCT Search Fee--Prior U.S. Application............................ 420 430

1.445(a)(3)....... Supplemental Search............................................... 180 190

1.482(a)(1)(i).... Preliminary Exam Fee.............................................. 460 470

1.482(a)(1)(ii)... Preliminary Exam Fee.............................................. 690 710

1.482(a)(2)(i).... Additional Invention.............................................. 140 ...........

1.482(a)(2)(ii)... Additional Invention.............................................. 240 250

1.492(a)(1)....... Preliminary Examining Authority................................... 660 680

1.492(a)(1)....... Preliminary Examining Authority (Small Entity).................... 330 340

1.492(a)(2)....... Searching Authority............................................... 730 750

1.492(a)(2)....... Searching Authority (Small Entity)................................ 365 375

1.492(a)(3)....... PTO Not ISA nor IPEA.............................................. 980 1,010

1.492(a)(3)....... PTO Not ISA nor IPEA (Small Entity)............................... 490 505

1.492(a)(4)....... Claims--IPEA...................................................... 92 94

1.492(a)(4)....... Claims--IPEA (Small Entity)....................................... 46 47

1.492(a)(5)....... Filing with EPO/JPO Search Report................................. 850 880

1.492(a)(5)....... Filing with EPO/JPO Search Report (Small Entity).................. 425 440

1.492(b).......... Claims--Extra Individual (Over 3)................................. 76 78

1.492(b).......... Claims--Extra Individual (Over 3) (Small Entity).................. 38 39

1.492(c).......... Claims--Extra Total (Over 20)..................................... 22 ...........

1.492(c).......... Claims--Extra Total (Over 20) (Small Entity)...................... 11 ...........

1.492(d).......... Claims--Multiple Dependents....................................... 240 250

1.492(d).......... Claims--Multiple Dependents (Small Entity)........................ 120 125

1.492(e).......... Surcharge......................................................... 130 ...........

1.492(e).......... Surcharge (Small Entity).......................................... 65 ...........

1.492(f).......... English Translation--After 20 Months.............................. 130 ...........

2.6(a)(1)......... Application for Registration, Per Class........................... 245 ...........

2.6(a)(2)......... Amendment to Allege Use, Per Class................................ 100 ...........

[[Page 41027]]

2.6(a)(3)......... Statement of Use, Per Class....................................... 100 ...........

2.6(a)(4)......... Extension for Filing Statement of Use, Per Class.................. 100 ...........

2.6(a)(5)......... Application for Renewal, Per Class................................ 300 ...........

2.6(a)(6)......... Surcharge for Late Renewal, Per Class............................. 100 ...........

2.6(a)(7)......... Publication of Mark Under Sec. 12(c), Per Class.................. 100 ...........

2.6(a)(8)......... Issuing New Certificate of Registration........................... 100 ...........

2.6(a)(9)......... Certificate of Correction of Registrant's Error................... 100 ...........

2.6(a)(10)........ Filing Disclaimer to Registration................................. 100 ...........

2.6(a)(11)........ Filing Amendment to Registration.................................. 100 ...........

2.6(a)(12)........ Filing Affidavit Under Section 8, Per Class....................... 100 ...........

2.6(a)(13)........ Filing Affidavit Under Section 15, Per Class...................... 100 ...........

2.6(a)(14)........ Filing Affidavit Under Sections 8 & 15, Per Class................. 200 ...........

2.6(a)(15)........ Petitions to the Commissioner..................................... 100 ...........

2.6(a)(16)........ Petition to Cancel, Per Class..................................... 200 ...........

2.6(a)(17)........ Notice of Opposition, Per Class................................... 200 ...........

2.6(a)(18)........ Ex Parte Appeal to the TTAB, Per Class............................ 100 ...........

2.6(a)(19)........ Dividing an Application, Per New Application Created.............. 100 ...........

2.6(b)(1)(i)...... Copy of Registered Mark........................................... 3 ...........

2.6(6)(1)(ii)..... Copy of Registered Mark, overnight delivery to PTO box or fax..... 6 ...........

2.6(b)(1)(iii).... Copy of Reg. Mark Ordered Via Exp. Mail or Fax, Exp. Svc.......... 25 ...........

2.6(b)(2)(i)...... Certified Copy of TM Application as Filed......................... 12 15

2.6(b)(2)(ii)..... Certified Copy of TM Application as Filed, Expedited.............. 24 30

2.6(b)(3)......... Cert. or Uncert. Copy of TM-Related File Wrapper/Contents......... 50 ...........

2.6(b)(4)(i)...... Cert. Copy of Registered Mark, Title or Status.................... 10 ...........

2.6(b)(4)(ii)..... Cert. Copy of Registered Mark, Title or Status--Expedited......... 20 ...........

2.6(b)(5)......... Certified or Uncertified Copy of TM Records....................... 25 ...........

2.6(b)(6)......... Recording Trademark Property, Per Mark, Per Document.............. 40 ...........

2.6(b)(6)......... For Second and Subsequent Marks in Same Document.................. 25 ...........

2.6(b)(7)......... For Assignment Records, Abstracts of Title and Cert............... 25 ...........

2.6(b)(8)......... Terminal Use X-SEARCH............................................. 40 ...........

2.6(b)(9)......... Self-Service Copy Charge.......................................... 0.25 ...........

2.6(b)(10)........ Labor Charges for Services........................................ 30 ...........

2.6(b)(11)........ Unspecified Other Services........................................ \1\ ...........

----------------------------------------------------------------------------------------------------------------

These fees are not affected by this rulemaking.

\1\ Actual cost.

[FR Doc. 95-19763 Filed 8-10-95; 8:45 am]

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