§ 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.