Revision of Patent and Trademark Fees for Fiscal Year 2000

Federal RegisterDec 3, 1999

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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Parts 1 and 2

[Docket No. 991105297-9297-01]

RIN 0651-AB01

Revision of Patent and Trademark Fees for Fiscal Year 2000

AGENCY: Patent and Trademark Office, Commerce.

ACTION: Final rule.

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

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

practice in patent and trademark cases to adjust certain patent fee

amounts to conform to the fee amounts set by law in the American

Inventors Protection Act of 1999 as part of the conference report (H.

Rep. 106-479) on H.R. 3194, Consolidated Appropriations Act, Fiscal

Year 2000. The text of the American Inventors Protection Act of 1999 is

contained in title IV of S. 1948, the Intellectual Property and

Communications Omnibus Reform Act of 1999, which is incorporated by

reference in Division B of the conference report. The PTO is also

[[Page 67775]]

adjusting certain trademark fee amounts to recover the cost of all

trademark activities as provided for in H.R. 3194 (S. 1948). In

addition, the PTO is adjusting, by a corresponding amount, two patent

fees that track the basic filing fee.

EFFECTIVE DATES: The amendments to 37 CFR 1.16, 1.20, and 1.492 are

effective on December 29, 1999. The amendments to 37 CFR 1.17 and 2.6

are effective on January 10, 2000.

FOR FURTHER INFORMATION CONTACT: Matthew Lee by telephone at (703) 305-

8051, by e-mail at [email protected], by facsimile at (703) 305-

8007, or by mail marked to his attention and addressed to the

Commissioner of Patents and Trademarks, Office of Finance, Crystal Park

1, Suite 802, Washington, DC 20231.

SUPPLEMENTARY INFORMATION: This final rule adjusts certain patent fees

in accordance with the Consolidated Appropriations Act, Fiscal Year

2000 (H.R. 3194), which incorporates the Intellectual Property and

Communications Omnibus Reform Act of 1999 (S. 1948), and adjusts

certain trademark fees to recover costs.

Background

Section 31(a) of the Trademark Act of 1946 (15 U.S.C. 1113(a))

authorizes the Commissioner of Patents and Trademarks to annually

adjust the fees established for the filing and processing of trademark

applications, for the registration of trademarks and other marks, and

for all other services performed by the PTO related to trademarks and

other marks, to reflect aggregate fluctuations in the Consumer Price

Index (CPI) during the previous twelve months. Trademark processing

fees have not been adjusted since 1993, when the application fee was

adjusted. Other trademark fees have not been changed since 1982.

As a result of increases in filings, efforts to reduce the pendency

of trademark applications before the PTO, and to reduce the backlog of

unexamined cases, the PTO has hired additional trademark examining

attorneys and instituted an electronic filing system for trademark

applications. Current trademark fee rates are insufficient to recover

these additional costs. In addition, the PTO has employed activity-

based cost accounting principles and systems on an agency-wide basis to

measure the full cost of patent and trademark activities, including

indirect costs. To fully recover the cost of all trademark activities,

including indirect trademark operation costs, the PTO needs to adjust

trademark fees sufficiently to recover an estimated $30 million in

fiscal years 2000 and 2001. H.R. 3194 (S. 1948) authorizes the

Commissioner to make such an adjustment to trademark fees.

Patent fees were adjusted in 1998 as a result of Public Law 105-

358. Public Law 105-358 set:

(1) The basic filing fee for an original utility patent application

(35 U.S.C. 41(a)(1)(A)) or a reissue patent application (35 U.S.C.

41(a)(4)(A)) at $760 ($380 for a small entity);

(2) The basic national fee for an international application in

which the PTO was the International Searching Authority (ISA) but not

the International Preliminary Examining Authority (IPEA) (35 U.S.C.

41(a)(10)) at $760 ($380 for a small entity); and

(3) The first patent maintenance fee (35 U.S.C. 41(b)(1)) at $940

($470 for a small entity).

The Commissioner may also adjust fees set forth in 35 U.S.C. 41(a)

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

during the previous twelve months. See 35 U.S.C. 41(f). With the recent

implementation of activity-based cost accounting principles and systems

on an agency-wide basis, the PTO recognized that patent fee revenue has

been partially offsetting the indirect trademark operation costs. Since

H.R. 3194 (S. 1948) authorizes the Commissioner to adjust trademark

fees to fully cover the costs of trademark operations, an adjustment to

selective patent fees is necessary in fiscal year 2000 because those

fees will no longer be needed to offset indirect trademark operation

expenses. Thus, H.R. 3194 (S. 1948) reduces:

(1) The basic filing fee for an original utility patent application

(35 U.S.C. 41(a)(1)(A)) or a reissue patent application (35 U.S.C.

41(a)(4)(A)) to $690 ($345 for a small entity);

(2) The basic national fee for an international application in

which the PTO was the ISA but not the IPEA (35 U.S.C. 41(a)(10)) to

$690 ($345 for a small entity); and

(3) The first patent maintenance fee (35 U.S.C. 41(b)(1)) to $830

($415 for a small entity).

This final rule conforms the patent fees set forth in 37 CFR

1.16(a) and (h), 1.20(e), and 1.492(a)(2) to the fee amounts specified

in H.R. 3194 (S. 1948). Specifically, Secs. 1.16(a) and (h), and

1.492(a)(2) are amended to correspond to the patent fees specified in

amended 35 U.S.C. 41(a). Section 1.20(e) is amended to indicate the

patent fee specified in amended 35 U.S.C. 41(b). This final rule also

adjusts two patent fees that track the basic filing fee. Sections

1.17(r) and (s) are reduced to correspond to the basic filing fee

provided in 35 U.S.C. 41(a)(1)(A), as amended by H.R. 3194 (S. 1948).

Section 1.53(d), which relates to a continued prosecution

application (CPA), is not being revised by this final rule. However, it

should be noted that Sec. 1.53(d)(3) requires payment of the basic

filing fee as set forth in 37 CFR 1.16.

Section 41(g) of title 35, United States Code, provides that new

fee amounts established by the Commissioner under section 41 may take

effect 30 days after notice in the Federal Register and the Official

Gazette of the Patent and Trademark Office.

In addition, this final rule adjusts trademark fees set forth in 37

CFR 2.6(a)(1), (a)(4), (a)(5), (a)(13), (a)(16), and (a)(17), to

recover costs.

Section 31 of the Trademark Act of 1946 (15 U.S.C. 1113(a)), allows

new trademark fee amounts to take effect 30 days after notice in the

Federal Register and the Official Gazette of the Patent and Trademark

Office.

A comparison of the current fee amounts and the new fee amounts for

fiscal year 2000 is included as an Appendix to this final rule.

Procedures for Determining the Correct Fee Amount Owed

The following subsections detail the procedures for determining the

fees owed during the transition to the new fee schedule.

Fees owed may be affected by proper use of a Certificate of Mailing

or Transmission under Sec. 1.8(a)(1), or use of ``Express Mail Post

Office to Addressee'' under Sec. 1.10(a).

Items for which a Certificate of Mailing or Transmission under

Sec. 1.8(a)(1) is not proper include, for example, national (including

a continued prosecution application (CPA) under Sec. 1.53(d)) and

international patent applications, and trademark applications. See 37

CFR 1.8(a)(2).

Under Sec. 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 the 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.

a. The Post Issuance Fee for Patents Under 35 U.S.C. 41(b)

Section 41(b) of title 35, United States Code, provides for

maintenance fees. Any maintenance fee amount that is

[[Page 67776]]

paid on or after the effective date of the final fee adjustment will be

subject to the new fee.

If a Certificate of Mailing or Transmission was used, and was

proper under Sec. 1.8(a)(1), the fee required is the lower of:

(1) The fee in effect on the date the PTO receives the fee; or

(2) The fee in effect on the date of mailing indicated on a proper

Certificate of Mailing or Transmission under Sec. 1.8(a)(1).

Under Sec. 1.10(a), any correspondence delivered by the ``Express

Mail Post Office to Addressee'' service of the USPS is considered filed

or received in the 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.

b. The Filing Fee for Patent Applications Filed Under 35 U.S.C. 111 and

37 CFR 1.53

Section 111 of title 35, United States Code, provides for the

filing of a patent application with the PTO. If the filing fee for an

application filed under 35 U.S.C. 111 is received when the application

is filed, the filing fee required is the filing fee in effect on the

filing date assigned to the application. If the PTO receives the filing

fee on a date later than the filing date assigned to the application,

the filing fee required is the higher of:

(1) The filing fee in effect on the filing date assigned to the

application; or

(2) The filing fee in effect on the date the PTO receives the

filing fee.

The filing fee includes the basic fee, excess claims fees (if any),

and the multiple dependent claim fee (if any), for claims present on

filing (unless the excess or multiple dependent claims are canceled

before the filing fee is paid). Of course, if the basic filing fee is

received on a date later than the filing date assigned to the

application filed under 35 U.S.C. 111, a surcharge as set forth in

Sec. 1.16(e) is also required.

A Certificate of Mailing or Transmission under Sec. 1.8(a)(1)

cannot be used for national (including a continued prosecution

application (CPA) under Sec. 1.53(d)) and international patent

applications. See 37 CFR 1.8(a)(2).

Under Sec. 1.10(a), any correspondence delivered by the ``Express

Mail Post Office to Addressee'' service of the USPS is considered filed

or received in the 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.

c. The Fees for International Patent Applications Entering the National

Stage Under 35 U.S.C. 371 and 37 CFR 1.494 or 1.495

Section 371 of title 35, United States Code, provides for the

national stage filing of a patent application under the Patent

Cooperation Treaty. The basic national fee for an international

application entering the national stage is due not later than the

expiration of 20 months from the priority date in the international

application (or 30 months from the priority date if the United States

was elected prior to the expiration of 19 months from the priority

date). The amount of the basic national fee that is required to be paid

is the basic national fee in effect on the date the full fee is

received.

A Certificate of Mailing or Transmission under Sec. 1.8(a)(1)

cannot be used for international patent applications. See 37 CFR

1.8(a)(2).

Under Sec. 1.10(a), any correspondence delivered by the ``Express

Mail Post Office to Addressee'' service of the USPS is considered filed

or received in the 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.

d. For Filing Trademark Applications Under 15 U.S.C. 1051

Section 1051 of title 15, United States Code, provides for the

filing of trademark applications. The initial filing fee required for a

trademark application filed under 15 U.S.C. 1051 is the filing fee in

effect on the filing date assigned to the application.

Under Sec. 1.6, documents are considered filed as of the date of

receipt at the PTO, unless the documents are filed under Sec. 1.10,

which provides for filing by Express Mail. Under Sec. 1.10(a), any

correspondence delivered by the ``Express Mail Post Office to

Addressee'' service of the USPS is considered filed or received in the

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.

A Certificate of Mailing or Transmission under Sec. 1.8(a)(1)

cannot be used for filing a trademark application. See 37 CFR

1.8(a)(2).

Under Sec. 2.21(a)(5), a trademark applicant must submit the filing

fee for at least one class of goods or services before the application

can be given a filing date. If the trademark application is accompanied

by the fee for at least a single class of goods or services, but does

not include fees sufficient to cover all the classes in the

application, the application will be given a filing date, and the

applicant will be required to submit the fees for the additional

class(es) during examination. If the applicant submits fee(s) for

additional class(es) after the application filing date, the fee(s) in

effect on the date the fee(s) for the additional class(es) is received

at the PTO will apply. The applicant may use a Certificate of Mailing

or Transmission under Sec. 1.8(a)(1) to file the additional fee(s).

e. For All Other Trademark Process Fees Affected by this Notice

For trademark process fees other than the initial fee for filing a

trademark application, the applicant may use a Certificate of Mailing

or Transmission under Sec. 1.8(a)(1). If a Certificate of Mailing or

Transmission is used to mail or transmit the fee, and the Certificate

meets the requirements of Sec. 1.8(a)(1), the fee in effect on the date

indicated on the Certificate of Mailing or Transmission will apply.

Owners of registered trademarks should note that failure to timely

submit the required fee for an affidavit of continued use or excusable

nonuse under 15 U.S.C. 1058, or a renewal application under 15 U.S.C.

1059, may also result in a deficiency surcharge under 15 U.S.C.

1058(c)(2) or 15 U.S.C. 1059(a). See Secs. 2.164 and 2.185.

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 adjusts certain patent fees and trademark fees

indicated in Parts 1 and 2 of title 37, Code of Federal Regulations, to

the fee amounts set by law or provided for by law. Therefore, prior

notice and an opportunity for public comment are not required pursuant

to 5 U.S.C. 553(a)(2) (or any other law). 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.

Lists of Subjects in 37 CFR Part 1

Administrative practice and procedure, Inventions and patents,

Reporting and record keeping requirements, Small businesses.

[[Page 67777]]

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. 6, unless otherwise noted.

2. Section 1.16 is amended by revising paragraphs (a) and (h), 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))............................. $345.00

By other than a small entity................................. 690.00

* * * * *

(h) Basic fee for filing each reissue application:

By a small entity (Sec. 1.9(f))............................. $345.00

By other than a small entity................................. 690.00

* * * * *

3. Section 1.17 is amended by revising paragraphs (r) and (s), to

read as follows:

Sec. 1.17 Patent application processing fees.

* * * * *

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

Sec. 1.129(a):

By a small entity (Sec. 1.9(f))............................. $345.00

By other than a small entity................................. 690.00

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

Sec. 1.129(b):

By a small entity (Sec. 1.9(f))............................. $345.00

By other than a small entity................................. 690.00

4. Section 1.20 is amended by revising paragraph (e) to read as

follows:

Sec. 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 (Sec. 1.9(f))............................. $415.00

By other than a small entity................................. 830.00

* * * * *

5. Section 1.492 is amended by revising paragraph (a)(2) to read as

follows:

Sec. 1.492 National stage fees.

* * * * *

(a) * * *

* * * * *

(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))............................. $345.00

By other than a small entity................................. 690.00

* * * * *

PART 2--RULES OF PRACTICE IN TRADEMARK CASES

1. The authority citation for 37 CFR Part 2 continues 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 (a)(1), (a)(4),

(a)(5), (a)(13), (a)(16), and (a)(17), to read as follows:

Sec. 2.6 Trademark fees.

* * * * *

(a) * * *

(1) For filing an application, per class..................... $325.00

* * * * *

(4) For filing a request under section 1(d)(2) of the Act for $150.00

a six-month extension of time for filing a statement of use

under section 1(d)(1) of the Act, per class.................

(5) For filing an application for renewal of a registration, 400.00

per class...................................................

* * * * *

(13) For filing an affidavit under Sec. 15 of the Act, per $200.00

class.......................................................

* * * * *

(16) For filing a petition to cancel, per class.............. $300.00

(17) For filing a notice of opposition, per class............ 300.00

* * * * *

Dated: November 30, 1999.

Q. Todd Dickinson,

Assistant Secretary of Commerce and Commissioner of Patents and

Trademarks.

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 Current and New Fee Amounts

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

Fee

code 37 CFR sec. Description FY 1999 FY 2000

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

101 1.16(a) Basic filing fee--Utility.......... $760 \1\ 690

201 1.16(a) Basic filing fee--Utility (Small 380 \1\ 345

Entity).

131 1.16(a) Basic filing fee--Utility (CPA).... 760 \1\ 690

231 1.16(a) Basic filing fee--Utility (CPA) 380 \1\ 345

(Small Entity).

102 1.16(b) Independent claims in excess of 78 (\4\)

three.

202 1.16(b) Independent claims in excess of 39 (\4\)

three (Small Entity).

103 1.16(c) Claims in excess of twenty......... 18 (\4\)

203 1.16(c) Claims in excess of twenty (Small 9 (\4\)

Entity).

104 1.16(d) Multiple dependent claim........... 260 (\4\)

204 1.16(d) Multiple dependent claim (Small 130 (\4\)

Entity).

105 1.16(e) Surcharge--Late filing fee......... 130 (\4\)

205 1.16(e) Surcharge--Late filing fee (Small 65 (\4\)

Entity).

106 1.16(f) Design filing fee.................. 310 (\4\)

206 1.16(f) Design filing fee (Small Entity)... 155 (\4\)

132 1.16(f) Design filing fee (CPA)............ 310 (\4\)

232 1.16(f) Design filing fee (CPA) (Small 155 (\4\)

Entity).

107 1.16(g) Plant filing fee................... 480 (\4\)

207 1.16(g) Plant filing fee (Small Entity).... 240 (\4\)

133 1.16(g) Plant filing fee (CPA)............. 480 (\4\)

233 1.16(g) Plant filing fee (CPA) (Small 240 (\4\)

Entity).

108 1.16(h) Reissue filing fee................. 760 \1\ 690

208 1.16(h) Reissue filing fee (Small Entity).. 380 \1\ 345

134 1.16(h) Reissue filing fee (CPA)........... 760 \1\ 690

234 1.16(h) Reissue filing fee (CPA) (Small 380 \1\ 345

Entity).

109 1.16(i) Reissue independent claims......... 78 (\4\)

[[Page 67778]]

209 1.16(i) Reissue independent claims (Small 39 (\4\)

Entity).

110 1.16(j) Reissue claims in excess of twenty. 18 (\4\)

210 1.16(j) Reissue claims in excess of twenty 9 (\4\)

(Small Entity).

114 1.16(k) Provisional application filing fee. 150 (\4\)

214 1.16(k) Provisional application filing fee 75 (\4\)

(Small Entity).

127 1.16(l) Surcharge--Late provisional filing 50 (\4\)

fee.

227 1.16(l) Surcharge--Late provisional filing 25 (\4\)

fee (Small Entity).

115 1.17(a)(1) Extension--First month............. 110 (\4\)

215 1.17(a)(1) Extension--First month (Small 55 (\4\)

Entity).

116 1.17(a)(2) Extension--Second month............ 380 (\4\)

216 1.17(a)(2) Extension--Second month (Small 190 (\4\)

Entity).

117 1.17(a)(3) Extension--Third month............. 870 (\4\)

217 1.17(a)(3) Extension--Third month (Small 435 (\4\)

Entity).

118 1.17(a)(4) Extension--Fourth month............ 1,360 (\4\)

218 1.17(a)(4) Extension--Fourth month (Small 680 (\4\)

Entity).

128 1.17(a)(5) Extension--Fifth month............. 1,850 (\4\)

228 1.17(a)(5) Extension--Fifth month (Small 925 (\4\)

Entity).

119 1.17(b) Notice of appeal................... 300 (\4\)

219 1.17(b) Notice of appeal (Small Entity).... 150 (\4\)

120 1.17(c) Filing a brief in support of an 300 (\4\)

appeal.

220 1.17(c) Filing a brief in support of an 150 (\4\)

appeal (Small Entity).

121 1.17(d) Request for oral hearing........... 260 (\4\)

221 1.17(d) Request for oral hearing (Small 130 (\4\)

Entity).

122 1.17(h) Petition--Not all inventors........ 130 (\4\)

122 1.17(h) Petition--Correction of 130 (\4\)

inventorship.

122 1.17(h) Petition--Decision on questions.... 130 (\4\)

122 1.17(h) Petition--Suspend rules............ 130 (\4\)

122 1.17(h) Petition--Expedited license........ 130 (\4\)

122 1.17(h) Petition--Scope of license......... 130 (\4\)

122 1.17(h) Petition--Retroactive license...... 130 (\4\)

122 1.17(h) Petition--Refusing maintenance fee. 130 (\4\)

122 1.17(h) Petition--Refusing maintenance fee-- 130 (\4\)

expired patent.

122 1.17(h) Petition--Interference............. 130 (\4\)

122 1.17(h) Petition--Reconsider interference.. 130 (\4\)

122 1.17(h) Petition--Late filing of 130 (\4\)

interference.

122 1.20(b) Petition--Correction of 130 (\4\)

inventorship.

122 1.17(h) Petition--Refusal to publish SIR... 130 (\4\)

122 1.17(i) Petition--For assignment........... 130 (\4\)

122 1.17(i) Petition--For application.......... 130 (\4\)

122 1.17(i) Petition--Late priority papers..... 130 (\4\)

122 1.17(i) Petition--Suspend action........... 130 (\4\)

122 1.17(i) Petition--Divisional reissues to 130 (\4\)

issue separately.

122 1.17(i) Petition--For interference 130 (\4\)

agreement.

122 1.17(i) Petition--Amendment after issue.... 130 (\4\)

122 1.17(i) Petition--Withdrawal after issue... 130 (\4\)

122 1.17(i) Petition--Defer issue.............. 130 (\4\)

122 1.17(i) Petition--Issue to assignee........ 130 (\4\)

122 1.17(i) Petition--Accord a filing date 130 (\4\)

under Sec. 1.53.

122 1.17(i) Petition--Accord a filing date 130 (\4\)

under Sec. 1.62.

122 1.17(i) Petition--Make application special. 130 (\4\)

138 1.17(j) Petition--Public use proceeding.... 1,510 (\4\)

139 1.17(k) Non-English specification.......... 130 (\4\)

140 1.17(l) Petition--Revive unavoidably 110 (\4\)

abandoned appl.

240 1.17(l) Petition--Revive unavoidably 55 (\4\)

abandoned appl. (Small Entity).

141 1.17(m) Petition--Revive unintentionally 1,210 (\4\)

abandoned appl.

241 1.17(m) Petition--Revive unintent. 605 (\4\)

abandoned appl. (Small Entity).

112 1.17(n) SIR--Prior to examiner's action.... 920 (\4\)

113 1.17(o) SIR--After examiner's action....... 1,840 (\4\)

126 1.17(p) Submission of an Information 240 (\4\)

Disclosure Statement (Sec. 1.97).

123 1.17(q) Petition--Correction of 50 (\4\)

inventorship (prov. app.).

123 1.17(q) Petition--Accord a filing date 50 (\4\)

(prov. app.).

123 1.17(q) Petition--Entry of submission after 50 (\4\)

final rejection (prov. app.).

146 1.17(r) Filing a submission after final 760 \2\ 690

rejection (1.129(a)).

246 1.17(r) Filing a submission after final 380 \2\ 345

rejection (1.129(a)) (Small

Entity).

149 1.17(s) Per additional invention to be 760 \2\ 690

examined (1.129(b)).

249 1.17(s) Per additional invention to be 380 \2\ 345

examined (1.129(b)) (Small Entity).

142 1.18(a) Utility issue fee.................. 1,210 (\4\)

242 1.18(a) Utility issue fee (Small Entity)... 605 (\4\)

143 1.18(b) Design issue fee................... 430 (\4\)

243 1.18(b) Design issue fee (Small Entity).... 215 (\4\)

144 1.18(c) Plant issue fee.................... 580 (\4\)

[[Page 67779]]

244 1.18(c) Plant issue fee (Small Entity)..... 290 (\4\)

561 1.19(a)(1)(i) Patent copy........................ 3 (\4\)

562 1.19(a)(1)(ii) Patent copy, overnight delivery to 6 (\4\)

PTO Box or overnight fax.

563 1.19(a)(1)(iii) Patent copy, ordered by expedited 25 (\4\)

mail or fax--exp. service.

564 1.19(a)(2) Plant patent copy.................. 15 (\4\)

565 1.19(a)(3) Copy of utility patent or SIR in 25 (\4\)

color.

566 1.19(b)(1)(ii) Certified copy of patent 15 (\4\)

application as filed.

567 1.19(b)(1)(ii) Certified copy of patent 30 (\4\)

application as filed, expedited.

568 1.19(b)(2) Cert. or uncert. copy of patent- 150 (\4\)