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§ 376. —  Fees.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 35USC376]

 
                            TITLE 35--PATENTS
 
                   PART IV--PATENT COOPERATION TREATY
 
                       CHAPTER 37--NATIONAL STAGE
 
Sec. 376. Fees

    (a) The required payment of the international fee and the handling 
fee, which amounts are specified in the Regulations, shall be paid in 
United States currency. The Patent and Trademark Office shall charge a 
national fee as provided in section 41(a), and may also charge the 
following fees:
        (1) A transmittal fee (see section 361(d)).
        (2) A search fee (see section 361(d)).
        (3) A supplemental search fee (to be paid when required).
        (4) A preliminary examination fee and any additional fees (see 
    section 362(b)).
        (5) Such other fees as established by the Director.

    (b) The amounts of fees specified in subsection (a) of this section, 
except the international fee and the handling fee, shall be prescribed 
by the Director. He may refund any sum paid by mistake or in excess of 
the fees so specified, or if required under the treaty and the 
Regulations. The Director may also refund any part of the search fee, 
the national fee, the preliminary examination fee, and any additional 
fees, where he determines such refund to be warranted.

(Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 690; amended Pub. 
L. 98-622, title IV, Secs. 402(g), 403(a), Nov. 8, 1984, 98 Stat. 3392; 
Pub. L. 99-616, Sec. 8, Nov. 6, 1986, 100 Stat. 3486; Pub. L. 102-204, 
Sec. 5(g)(1), Dec. 10, 1991, 105 Stat. 1640; Pub. L. 106-113, div. B, 
Sec. 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)], Nov. 29, 1999, 113 
Stat. 1536, 1501A-582; Pub. L. 107-273, div. C, title III, 
Sec. 13206(a)(21), (b)(1)(B), Nov. 2, 2002, 116 Stat. 1905, 1906.)


                               Amendments

    2002--Subsec. (a)(1) to (3). Pub. L. 107-273, Sec. 13206(a)(21), 
substituted period for semicolon at end.
    Subsecs. (a)(5), (b). Pub. L. 107-273, Sec. 13206(b)(1)(B), made 
technical correction to directory language of Pub. L. 106-113. See 1999 
Amendment note below.
    1999--Subsecs. (a)(5), (b). Pub. L. 106-113, as amended by Pub. L. 
107-273, Sec. 13206(b)(1)(B), substituted ``Director'' for 
``Commissioner'' wherever appearing.
    1991--Subsec. (a). Pub. L. 102-204, Sec. 5(g)(1)(A), in introductory 
provisions inserted ``shall charge a national fee as provided in section 
41(a), and'' after ``Office'', redesignated pars. (5) and (6) as (4) and 
(5), respectively, and struck out former par. (4), which read as 
follows: ``A national fee (see section 371(c));''.
    Subsec. (b). Pub. L. 102-204, Sec. 5(g)(1)(B), substituted ``the 
national fee, the preliminary examination fee,'' for ``the preliminary 
examination fee''.
    1986--Subsec. (a). Pub. L. 99-616, Sec. 8(a), in introductory 
provisions, inserted ``and the handling fee'' and substituted ``amounts 
are'' for ``amount is'', added par. (5), and redesignated former par. 
(5) as (6).
    Subsec. (b). Pub. L. 99-616, Sec. 8(b), inserted ``and the handling 
fee'' and ``the preliminary examination fee and any additional fees,''.
    1984--Subsec. (a). Pub. L. 98-622, Sec. 403(a), substituted ``Patent 
and Trademark Office'' for ``Patent Office'' in provision preceding par. 
(1).
    Subsec. (a)(5), (6). Pub. L. 98-622, Sec. 402(g), redesignated par. 
(6) as (5). Former par. (5), which read ``A special fee (to be paid when 
required; see section 372(c))'', was struck out.


                    Effective Date of 1999 Amendment

    Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999, 
see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out 
as a note under section 1 of this title.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-616 effective July 1, 1987, and applicable 
to all international applications pending before or after that date, see 
section 9 of Pub. L. 99-616, set out as a note under section 351 of this 
title.


                    Effective Date of 1984 Amendment

    Amendment by section 402(g) of Pub. L. 98-622 effective six months 
after Nov. 8, 1984, see section 406(b) of Pub. L. 98-622, set out as a 
note under section 3 of this title.
    Amendment by section 403(a) of Pub. L. 98-622 effective Nov. 8, 
1984, see section 406(a) of Pub. L. 98-622, set out as a note under 
section 351 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 361 of this title.



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