§ 41. — Patent fees; patent and trademark search systems.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC41]
TITLE 35--PATENTS
PART I--UNITED STATES PATENT AND TRADEMARK OFFICE
CHAPTER 4--PATENT FEES; FUNDING; SEARCH SYSTEMS
Sec. 41. Patent fees; patent and trademark search systems
(a) The Director shall charge the following fees:
(1)(A) On filing each application for an original patent, except
in design or plant cases, $690.
(B) In addition, on filing or on presentation at any other time,
$78 for each claim in independent form which is in excess of 3, $18
for each claim (whether independent or dependent) which is in excess
of 20, and $260 for each application containing a multiple dependent
claim.
(C) On filing each provisional application for an original
patent, $150.
(2) For issuing each original or reissue patent, except in
design or plant cases, $1,210.
(3) In design and plant cases--
(A) on filing each design application, $310;
(B) on filing each plant application, $480;
(C) on issuing each design patent, $430; and
(D) on issuing each plant patent, $580.
(4)(A) On filing each application for the reissue of a patent,
$690.
(B) In addition, on filing or on presentation at any other time,
$78 for each claim in independent form which is in excess of the
number of independent claims of the original patent, and $18 for
each claim (whether independent or dependent) which is in excess of
20 and also in excess of the number of claims of the original
patent.
(5) On filing each disclaimer, $110.
(6)(A) On filing an appeal from the examiner to the Board of
Patent Appeals and Interferences, $300.
(B) In addition, on filing a brief in support of the appeal,
$300, and on requesting an oral hearing in the appeal before the
Board of Patent Appeals and Interferences, $260.
(7) On filing each petition for the revival of an
unintentionally abandoned application for a patent, for the
unintentionally delayed payment of the fee for issuing each patent,
or for an unintentionally delayed response by the patent owner in
any reexamination proceeding, $1,210, unless the petition is filed
under section 133 or 151 of this title, in which case the fee shall
be $110.
(8) For petitions for 1-month extensions of time to take actions
required by the Director in an application--
(A) on filing a first petition, $110;
(B) on filing a second petition, $270; and
(C) on filing a third petition or subsequent petition, $490.
(9) Basic national fee for an international application where
the Patent and Trademark Office was the International Preliminary
Examining Authority and the International Searching Authority, $670.
(10) Basic national fee for an international application where
the Patent and Trademark Office was the International Searching
Authority but not the International Preliminary Examining Authority,
$690.
(11) Basic national fee for an international application where
the Patent and Trademark Office was neither the International
Searching Authority nor the International Preliminary Examining
Authority, $970.
(12) Basic national fee for an international application where
the international preliminary examination fee has been paid to the
Patent and Trademark Office, and the international preliminary
examination report states that the provisions of Article 33(2), (3),
and (4) of the Patent Cooperation Treaty have been satisfied for all
claims in the application entering the national stage, $96.
(13) For filing or later presentation of each independent claim
in the national stage of an international application in excess of
3, $78.
(14) For filing or later presentation of each claim (whether
independent or dependent) in a national stage of an international
application in excess of 20, $18.
(15) For each national stage of an international application
containing a multiple dependent claim, $260.
For the purpose of computing fees, a multiple dependent claim referred
to in section 112 of this title or any claim depending therefrom shall
be considered as separate dependent claims in accordance with the number
of claims to which reference is made. Errors in payment of the
additional fees may be rectified in accordance with regulations of the
Director.
(b) The Director shall charge the following fees for maintaining in
force all patents based on applications filed on or after December 12,
1980:
(1) 3 years and 6 months after grant, $830.
(2) 7 years and 6 months after grant, $1,900.
(3) 11 years and 6 months after grant, $2,910.
Unless payment of the applicable maintenance fee is received in the
Patent and Trademark Office on or before the date the fee is due or
within a grace period of 6 months thereafter, the patent will expire as
of the end of such grace period. The Director may require the payment of
a surcharge as a condition of accepting within such 6-month grace period
the payment of an applicable maintenance fee. No fee may be established
for maintaining a design or plant patent in force.
(c)(1) The Director may accept the payment of any maintenance fee
required by subsection (b) of this section which is made within twenty-
four months after the six-month grace period if the delay is shown to
the satisfaction of the Director to have been unintentional, or at any
time after the six-month grace period if the delay is shown to the
satisfaction of the Director to have been unavoidable. The Director may
require the payment of a surcharge as a condition of accepting payment
of any maintenance fee after the six-month grace period. If the Director
accepts payment of a maintenance fee after the six-month grace period,
the patent shall be considered as not having expired at the end of the
grace period.
(2) A patent, the term of which has been maintained as a result of
the acceptance of a payment of a maintenance fee under this subsection,
shall not abridge or affect the right of any person or that person's
successors in business who made, purchased, offered to sell, or used
anything protected by the patent within the United States, or imported
anything protected by the patent into the United States after the 6-
month grace period but prior to the acceptance of a maintenance fee
under this subsection, to continue the use of, to offer for sale, or to
sell to others to be used, offered for sale, or sold, the specific thing
so made, purchased, offered for sale, used, or imported. The court
before which such matter is in question may provide for the continued
manufacture, use, offer for sale, or sale of the thing made, purchased,
offered for sale, or used within the United States, or imported into the
United States, as specified, or for the manufacture, use, offer for
sale, or sale in the United States of which substantial preparation was
made after the 6-month grace period but before the acceptance of a
maintenance fee under this subsection, and the court may also provide
for the continued practice of any process that is practiced, or for the
practice of which substantial preparation was made, after the 6-month
grace period but before the acceptance of a maintenance fee under this
subsection, to the extent and under such terms as the court deems
equitable for the protection of investments made or business commenced
after the 6-month grace period but before the acceptance of a
maintenance fee under this subsection.
(d) The Director shall establish fees for all other processing,
services, or materials relating to patents not specified in this section
to recover the estimated average cost to the Office of such processing,
services, or materials, except that the Director shall charge the
following fees for the following services:
(1) For recording a document affecting title, $40 per property.
(2) For each photocopy, $.25 per page.
(3) For each black and white copy of a patent, $3.
The yearly fee for providing a library specified in section 13 \1\ of
this title with uncertified printed copies of the specifications and
drawings for all patents in that year shall be $50.
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\1\ See References in Text note below.
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(e) The Director may waive the payment of any fee for any service or
material related to patents in connection with an occasional or
incidental request made by a department or agency of the Government, or
any officer thereof. The Director may provide any applicant issued a
notice under section 132 of this title with a copy of the specifications
and drawings for all patents referred to in that notice without charge.
(f) The fees established in subsections (a) and (b) of this section
may be adjusted by the Director on October 1, 1992, and every year
thereafter, to reflect any fluctuations occurring during the previous 12
months in the Consumer Price Index, as determined by the Secretary of
Labor. Changes of less than 1 per centum may be ignored.
(g) No fee established by the Director under this section shall take
effect until at least 30 days after notice of the fee has been published
in the Federal Register and in the Official Gazette of the Patent and
Trademark Office.
(h)(1) Fees charged under subsection (a) or (b) shall be reduced by
50 percent with respect to their application to any small business
concern as defined under section 3 of the Small Business Act, and to any
independent inventor or nonprofit organization as defined in regulations
issued by the Director.
(2) With respect to its application to any entity described in
paragraph (1), any surcharge or fee charged under subsection (c) or (d)
shall not be higher than the surcharge or fee required of any other
entity under the same or substantially similar circumstances.
(i)(1) The Director shall maintain, for use by the public, paper,
microform, or electronic collections of United States patents, foreign
patent documents, and United States trademark registrations arranged to
permit search for and retrieval of information. The Director may not
impose fees directly for the use of such collections, or for the use of
the public patent or trademark search rooms or libraries.
(2) The Director shall provide for the full deployment of the
automated search systems of the Patent and Trademark Office so that such
systems are available for use by the public, and shall assure full
access by the public to, and dissemination of, patent and trademark
information, using a variety of automated methods, including electronic
bulletin boards and remote access by users to mass storage and retrieval
systems.
(3) The Director may establish reasonable fees for access by the
public to the automated search systems of the Patent and Trademark
Office. If such fees are established, a limited amount of free access
shall be made available to users of the systems for purposes of
education and training. The Director may waive the payment by an
individual of fees authorized by this subsection upon a showing of need
or hardship, and if such a waiver is in the public interest.
(4) The Director shall submit to the Congress an annual report on
the automated search systems of the Patent and Trademark Office and the
access by the public to such systems. The Director shall also publish
such report in the Federal Register. The Director shall provide an
opportunity for the submission of comments by interested persons on each
such report.
(July 19, 1952, ch. 950, 66 Stat. 796; Pub. L. 89-83, Secs. 1, 2, July
24, 1965, 79 Stat. 259; Pub. L. 93-596, Sec. 1, Jan. 2, 1975, 88 Stat.
1949; Pub. L. 94-131, Sec. 3, Nov. 14, 1975, 89 Stat. 690; Pub. L. 96-
517, Sec. 2, Dec. 12, 1980, 94 Stat. 3017; Pub. L. 97-247, Sec. 3(a)-
(e), Aug. 27, 1982, 96 Stat. 317-319; Pub. L. 97-256, title I,
Sec. 101(1)-(4), Sept. 8, 1982, 96 Stat. 816; Pub. L. 98-622, title II,
Sec. 204(a), Nov. 8, 1984, 98 Stat. 3388; Pub. L. 99-607, Sec. 1(b)(2),
Nov. 6, 1986, 100 Stat. 3470; Pub. L. 102-204, Sec. 5(a)-(c)(1), (d)(1),
(2)(A), Dec. 10, 1991, 105 Stat. 1637-1639; Pub. L. 102-444, Sec. 1,
Oct. 23, 1992, 106 Stat. 2245; Pub. L. 103-465, title V,
Secs. 532(b)(2), 533(b)(1), Dec. 8, 1994, 108 Stat. 4986, 4988; Pub. L.
105-358, Sec. 3, Nov. 10, 1998, 112 Stat. 3272; Pub. L. 106-113, div. B,
Sec. 1000(a)(9) [title IV, Secs. 4202, 4605(a), 4732(a)(5), (10)(A),
4804(d)(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A-554, 1501A-570, 1501A-
582, 1501A-589; Pub. L. 107-273, div. C, title III, Sec. 13206(b)(1)(B),
Nov. 2, 2002, 116 Stat. 1906.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Sec. 78 (R.S. 4934, amended (1)
May 27, 1908, ch. 200, Sec. 1 (part), 35 Stat. 317, 343; (2) June 25,
1910, ch. 414, Sec. 2, 35 Stat. 843; (3) Feb. 18, 1922, ch. 58, Sec. 9,
42 Stat. 389, 393; (4) Feb. 14, 1927, ch. 139, Sec. 2, 44 Stat. 1098,
1099; (5) Mar. 2, 1927, ch. 273, Sec. 13, 44 Stat. 1335, 1337; (6) April
11, 1930, ch. 132, Sec. 3, 46 Stat. 155; (7) June 30, 1932, ch. 314,
Secs. 308, 309, 47 Stat. 382, 410; (8) Aug. 9, 1939, ch. 619, Sec. 3, 53
Stat. 1293; July 5, 1946, ch. 541, Sec. 301 (part), 60 Stat. 446, 471).
The items in the schedule of fees are rearranged in a few instances
and are numbered for convenient reference.
The obsolete fee for appeal from the examiners of interferences to
the Board of Appeals is omitted.
The fee for appeal to the Board of Appeals is changed from $15 to
$25.
Two provisos in the corresponding section of the existing statute
have been made separate sections, see sections 12 and 13.
The fee for a certificate is changed from 50 cents to $1 to
correspond to the same fee in the trade-mark statute.
A new item (8) is added to go with section 205.
An omnibus item to take care of miscellaneous minor fees is added;
in view of this, two items in the present schedule are omitted.
The fee for reissue applications is changed slightly.
References in Text
Section 13 of this title, referred to in subsec. (d), was renumbered
section 12 of this title by Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4717(1)], Nov. 29, 1999, 113 Stat. 1501A-536, 1501A-580.
Section 3 of the Small Business Act, referred to in subsec. (h)(1),
is classified to section 632 of Title 15, Commerce and Trade.
Amendments
2002--Subsec. (a). Pub. L. 107-273 made technical correction to
directory language of Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(10)(A)]. See 1999 Amendment note below.
1999--Subsec. (a). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(10)(A)], as amended by Pub. L. 107-273, substituted
``Director'' for ``Commissioner'' in introductory and concluding
provisions.
Subsec. (a)(1)(A), (4)(A). Pub. L. 106-113, Sec. 1000(a)(9) [title
IV, Sec. 4202(a), (b)], substituted ``$690'' for ``$760''.
Subsec. (a)(7). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4605(a)], amended par. (7) generally. Prior to amendment, par. (7)
read as follows: ``On filing each petition for the revival of an
unintentionally abandoned application for a patent or for the
unintentionally delayed payment of the fee for issuing each patent,
$1,210, unless the petition is filed under section 133 or 151 of this
title, in which case the fee shall be $110.''
Subsec. (a)(8). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(10)(A)], substituted ``Director'' for ``Commissioner'' in
introductory provisions.
Subsec. (a)(10). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4202(c)], substituted ``$690'' for ``$760''.
Subsec. (b). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(10)(A)], substituted ``Director'' for ``Commissioner'' in
introductory and concluding provisions.
Subsec. (b)(1). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4202(d)], substituted ``$830'' for ``$940''.
Subsecs. (c) to (g). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(10)(A)], substituted ``Director'' for ``Commissioner''
wherever appearing.
Subsec. (h)(1). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(5)], substituted ``Director'' for ``Commissioner of Patents
and Trademarks''.
Subsec. (i)(1). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4804(d)(1)], substituted ``paper, microform, or electronic'' for
``paper or microform''.
Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)]
substituted ``Director'' for ``Commissioner'' in two places.
Subsec. (i)(2) to (4). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(10)(A)], substituted ``Director'' for ``Commissioner''
wherever appearing.
1998--Subsec. (a). Pub. L. 105-358, Sec. 3(a), added subsec. (a) and
struck out former subsec. (a) which listed fees for patent services.
Subsec. (b). Pub. L. 105-358, Sec. 3(b), added subsec. (b) and
struck out former subsec. (b) which read as follows: ``The Commissioner
shall charge the following fees for maintaining in force all patents
based on applications filed on or after December 12, 1980:
``(1) 3 years and 6 months after grant, $650.
``(2) 7 years and 6 months after grant, $1,310.
``(3) 11 years and 6 months after grant, $1,980.
Unless payment of the applicable maintenance fee is received in the
Patent and Trademark Office on or before the date the fee is due or
within a grace period of six months thereafter, the patent will expire
as of the end of such grace period. The Commissioner may require the
payment of a surcharge as a condition of accepting within such six-month
grace period the late payment of an applicable maintenance fee. No fee
will be established for maintaining a design or plant patent in force.''
1994--Subsec. (a)(1)(C). Pub. L. 103-465, Sec. 532(b)(2), added
subpar. (C).
Subsec. (c)(2). Pub. L. 103-465, Sec. 533(b)(1), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ``No patent,
the term of which has been maintained as a result of the acceptance of a
payment of a maintenance fee under this subsection, shall abridge or
affect the right of any person or his successors in business who made,
purchased or used after the six-month grace period but prior to the
acceptance of a maintenance fee under this subsection anything protected
by the patent, to continue the use of, or to sell to others to be used
or sold, the specific thing so made, purchased, or used. The court
before which such matter is in question may provide for the continued
manufacture, use or sale of the thing made, purchased, or used as
specified, or for the manufacture, use or sale of which substantial
preparation was made after the six-month grace period but before the
acceptance of a maintenance fee under this subsection, and it may also
provide for the continued practice of any process, practiced, or for the
practice of which substantial preparation was made, after the six-month
grace period but prior to the acceptance of a maintenance fee under this
subsection, to the extent and under such terms as the court deems
equitable for the protection of investments made or business commenced
after the six-month grace period but before the acceptance of a
maintenance fee under the subsection.''
1992--Subsec. (c)(1). Pub. L. 102-444 inserted after ``section'' in
first sentence ``which is made within twenty-four months after the six-
month grace period if the delay is shown to the satisfaction of the
Commissioner to have been unintentional, or at any time''.
1991--Pub. L. 102-204, Sec. 5(d)(2)(A), inserted ``; patent and
trademark search systems'' after ``fees'' in section catchline.
Subsec. (a). Pub. L. 102-204, Sec. 5(a)(1), amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ``The
Commissioner shall charge the following fees:
``1. On filing each application for an original patent, except in
design or plant cases, $300; in addition, on filing or on presentation
at any other time, $30 for each claim in independent form which is in
excess of three, $10 for each claim (whether independent or dependent)
which is in excess of twenty, and $100 for each application containing a
multiple dependent claim. For the purpose of computing fees, a multiple
dependent claim as referred to in section 112 of this title or any claim
depending therefrom shall be considered as separate dependent claims in
accordance with the number of claims to which reference is made. Errors
in payment of the additional fees may be rectified in accordance with
regulations of the Commissioner.
``2. For issuing each original or reissue patent, except in design
or plant cases, $500.
``3. In design and plant cases:
``a. On filing each design application, $125.
``b. On filing each plant application, $200.
``c. On issuing each design patent, $175.
``d. On issuing each plant patent, $250.
``4. On filing each application for the reissue of a patent, $300;
in addition, on filing or on presentation at any other time, $30 for
each claim in independent form which is in excess of the number of
independent claims of the original patent, and $10 for each claim
(whether independent or dependent) which is in excess of twenty and also
in excess of the number of claims of the original patent. Errors in
payment of the additional fees may be rectified in accordance with
regulations of the Commissioner.
``5. On filing each disclaimer, $50.
``6. On filing an appeal from the examiner to the Board of Patent
Appeals and Interferences, $115; in addition, on filing a brief in
support of the appeal, $115, and on requesting an oral hearing in the
appeal before the Board of Patent Appeals and Interferences, $100.
``7. On filing each petition for the revival of an unintentionally
abandoned application for a patent or for the unintentionally delayed
payment of the fee for issuing each patent, $500, unless the petition is
filed under sections 133 or 151 of this title, in which case the fee
shall be $50.
``8. For petitions for one-month extensions of time to take actions
required by the Commissioner in an application:
``a. On filing a first petition, $50.
``b. On filing a second petition, $100.
``c. On filing a third or subsequent petition, $200.''
Subsec. (b). Pub. L. 102-204, Sec. 5(a)(2), substituted ``in force
all patents based on applications filed on or after December 12, 1980:
``(1) 3 years and 6 months after grant, $650.
``(2) 7 years and 6 months after grant, $1,310.
``(3) 11 years and 6 months after grant, $1,980.''
for ``a patent in force:
``1. Three years and six months after grant, $400.
``2. Seven years and six months after grant, $800.
``3. Eleven years and six months after grant, $1,200.''
Subsec. (d). Pub. L. 102-204, Sec. 5(a)(3), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: ``The
Commissioner will establish fees for all other processing, services, or
materials related to patents not specified above to recover the
estimated average cost to the Office of such processing, services, or
materials. The yearly fee for providing a library specified in section
13 of this title with uncertified printed copies of the specifications
and drawings for all patents issued in that year will be $50.''
Subsec. (f). Pub. L. 102-204, Sec. 5(b), substituted ``on October 1,
1992, and every year thereafter, to reflect any fluctuations occurring
during the previous 12 months'' for ``on October 1, 1985, and every
third year thereafter, to reflect any fluctuations occurring during the
previous three years''.
Subsec. (g). Pub. L. 102-204, Sec. 5(c)(1), amended subsec. (g)
generally. Prior to amendment, subsec. (g) read as follows: ``No fee
established by the Commissioner under this section will take effect
prior to sixty days following notice in the Federal Register.''
Subsec. (i). Pub. L. 102-204, Sec. 5(d)(1), added subsec. (i).
1986--Subsec. (h). Pub. L. 99-607 added subsec. (h).
1984--Subsec. (a)(6). Pub. L. 98-622 substituted ``Patent Appeals
and Interferences'' for ``Appeals'' in two places and inserted ``in the
appeal'' after ``oral hearing''.
1982--Subsec. (a). Pub. L. 97-247, Sec. 3(a), substituted provisions
setting a schedule of fees for provisions which had directed that the
Commissioner establish fees for the processing of an application for a
patent, from filing through disposition by issuance or abandonment, for
maintaining a patent in force, and for providing all other services and
materials related to patents and that fee would be established for
maintaining a design patent in force.
Pub. L. 97-256, Sec. 101(1), struck out ``of Patents'' after
``Commissioner''.
Subsec. (b). Pub. L. 97-247, Sec. 3(b), substituted provisions
setting a fee schedule for maintaining a patent in force for provisions
which had directed that, fees for the actual processing of an
application for a patent, other than for a design patent, from filing
through disposition by issuance or abandonment, were to recover in
aggregate 25 per centum of the estimated average cost to the Office of
such processing and that fees for the processing of an application for a
design patent, from filing through disposition by issuance or
abandonment, were to recover in aggregate 50 per centum of the estimated
average cost to the Office of such processing.
Pub. L. 97-256, Sec. 101(2), substituted ``October 1, 1982'' for
``the first day of the first fiscal year beginning on or after one
calendar year after enactment of this Act'' and ``the first day of the
first fiscal year beginning on or after one calendar year after
enactment''.
Subsec. (c). Pub. L. 97-247, Sec. 3(c), substituted maintenance
provisions for provisions which had directed that fees for maintaining
patents in force were to recover 25 per centum of the estimated cost to
the Office, for the year in which such maintenance fees were received,
of the actual processing all applications for patents, other than for
design patents, from filing through disposition by issuance or
abandonment, that fees for maintaining a patent in force would be due
three years and six months, seven years and six months, and eleven years
and six months after the grant of the patent, that unless payment of the
applicable maintenance fee was received in the Patent and Trademark
Office on or before the date the fee was due or within a grace period of
six months thereafter, the patent would expire as of the end of such
grace period, and that the Commissioner could require the payment of a
surcharge as a condition of accepting within such six-month grace period
the late payment of an applicable maintenance fee.
Pub. L. 97-256, Sec. 101(3), substituted ``October 1, 1996'' for
``the fifteenth fiscal year following the date of enactment of this
Act''.
Subsec. (d). Pub. L. 97-247, Sec. 3(d), substituted provisions
relating to fees for all other processing services or materials relating
to patents not previously specified for provisions directing that fees
for all other services or materials related to patents were to recover
the estimated average cost to the Office of performing the service or
furnishing the material.
Pub. L. 97-256, Sec. 101(4), substituted ``October 1, 1982'' for
``the first day of the first fiscal year beginning on or after one
calendar year after enactment''.
Subsec. (f). Pub. L. 97-247, Sec. 3(e), substituted provisions
relating to the adjustment of fees to reflect CPI fluctuations for
provisions directing that fees were to be adjusted by the Commissioner
to achieve the levels of recovery specified in this section but that no
patent application processing fee or fee for maintaining a patent in
force was to be adjusted more than once every three years.
1980--Pub. L. 96-517 in revising fee provisions by substituting
subsecs. (a) to (g) for prior subsecs. (a) to (c), required the
Commissioner to establish fees based on recovery of estimated average
cost of processing applications, performing miscellaneous services and
providing material, required fees for maintenance of patents in force
and provided for expiration of patents for nonpayments, prescribed $50
library fee for copies of specifications and drawings, authorized
triennial adjustments, prescribed effective date for fees, and
incorporated in subsec. (e) waiver provision of former subsec. (c).
1975--Subsec. (a)1. Pub. L. 94-131 inserted sentence respecting
consideration of a multiple dependent claim as referred to in section
112 of this title or any claim depending therefrom as separate dependent
claims in accordance with the number of claims to which reference is
made for the purpose of computing fees.
Subsec. (b). Pub. L. 93-596 substituted ``Patent and Trademark
Office'' for ``Patent Office''.
1965--Subsec. (a)1. Pub. L. 89-83, Sec. 1, increased the filing fee
for original patents from $30 to $65, changed the additional fee from $1
for each claim in excess of twenty to $10 for each claim in independent
form which is in excess of one and $2 for each claim (whether
independent or dependent) which is in excess of ten, and permitted the
rectification of errors in the payment of the additional fees in
accordance with regulations of the Commissioner.
Subsec. (a)2. Pub. L. 89-83, Sec. 1, applied the issue fee to
reissue patents as well as to original patents, increased such fee from
$30 to $100, and changed the additional fee from $1 for each claim in
excess of twenty to $10 for each page (or portion thereof) of
specification as printed and $2 for each sheet of drawing.
Subsec. (a)3. Pub. L. 89-83, Sec. 1, changed the fee structure
applicable to design patents from a filing fee of $10, $15, or $30 for
terms of 3\1/2\, 7, or 14 years, respectively, to a filing fee of $20
and an issue fee of $10, $20, or $30 for terms of 3\1/2\, 7, or 14
years, respectively.
Subsec. (a)4. Pub. L. 89-83, Sec. 1, increased the filing fee for
reissue patents from $30 to $65, changed the additional fee from $1 for
each claim in excess of twenty over and above the number of claims in
the original patent to $10 for each claim in independent form which is
in excess of the number of independent claims of the original patent and
$2 for each claim (whether independent or dependent) which is in excess
of ten and also in excess of the number of claims in the original
patent, and permitted the rectification of errors in the payment of the
additional fees in accordance with regulations of the Commissioner.
Subsec. (a)5. Pub. L. 89-83, Sec. 1, increased the fee for filing
disclaimers from $10 to $15.
Subsec. (a)6. Pub. L. 89-83, Sec. 1, increased the fee on appeal for
the first time from the examiner to the Board of Appeals from $25 to
$50, and added the additional $50 fee for filing a brief in support of
the appeal.
Subsec. (a)7. Pub. L. 89-83, Sec. 1, increased the fee for filing a
petition for the revival of an abandoned application or for the delayed
payment of the issuance fee from $10 to $15.
Subsec. (a)8. Pub. L. 89-83, Sec. 1, inserted fee for the
certificate under section 256 of this title, and increased the fee for a
certificate under section 255 of this title from $10 to $15.
Subsec. (a)9. Pub. L. 89-83, Sec. 1, increased the fee for copies of
specifications and drawings of patents (other than design patents) from
25 cents to 50 cents per copy and the fee for copies of specifications
and drawings of design patents from 10 cents to 20 cents per copy, and
permitted the Commissioner to establish a charge not to exceed $1 per
copy for patents in excess of twenty-five pages of drawings and
specifications and for plant patents printed in color and to provide
applicants, without charge, with copies of specifications and drawings
when referred to in a section 132 notice.
Subsec. (a)10. Pub. L. 89-83, Sec. 1, changed the recording fee from
$3 for every document not exceeding six pages and $1 for each additional
two pages or less to a flat $20 fee for every document, and substituted
a $3 fee for each additional item where the document relates to more
than one patent or application for a 50 cents additional fee for each
additional patent or application included in one writing where more than
one is so included.
Subsec. (c). Pub. L. 89-83, Sec. 2, added subsec. (c).
Effective Date of 1999 Amendment
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle B,
Sec. 4206], Nov. 29, 1999, 113 Stat. 1536, 1501A-555, provided that:
``(a) In General.--Except as provided in subsection (b), the
amendments made by this subtitle [amending this section and section 42
of this title] shall take effect on the date of the enactment of this
Act [Nov. 29, 1999].
``(b) Section 4202.--The amendments made by section 4202 [amending
this section] of this subtitle shall take effect 30 days after the date
of the enactment of this Act.''
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle F,
Sec. 4608], Nov. 29, 1999, 113 Stat. 1536, 1501A-572, provided that:
``(a) In General.--Subject to subsection (b), this subtitle
[enacting chapter 31 of this title, amending this section and sections
100, 134, 141, 143, and 145 of this title, and enacting provisions set
out as notes under sections 1, 311, and 315 of this title] and the
amendments made by this subtitle shall take effect on the date of the
enactment of this Act [Nov. 29, 1999] and shall apply to any patent that
issues from an original application filed in the United States on or
after that date.
``(b) Section 4605(a).--The amendments made by section 4605(a)
[amending this section] shall take effect on the date that is 1 year
after the date of the enactment of this Act.''
Amendment by section 1000(a)(9) [title IV, Secs. 4732(a)] of 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 1998 Amendment
Pub. L. 105-358, Sec. 5, Nov. 10, 1998, 112 Stat. 3274, provided
that: ``This Act [amending this section and section 42 of this title and
enacting provisions set out as a note under section 1 of this title] and
the amendments made by this Act shall take effect on October 1, 1998.''
Effective Date of 1994 Amendment
Amendment by section 532(b)(2) of Pub. L. 103-465 effective 6 months
after Dec. 8, 1994, and applicable to all patent applications filed in
the United States on or after that effective date, with provisions
relating to earliest filed patent application, see section 534(b)(1),
(3) of Pub. L. 103-465, set out as a note under section 154 of this
title.
Amendment by section 533(b)(1) of Pub. L. 103-465 effective on date
that is one year after date on which the WTO Agreement enters into force
with respect to the United States [Jan. 1, 1995], with provisions
relating to earliest filed patent application, see section 534(a),
(b)(3) of Pub. L. 103-465, set out as a note under section 154 of this
title.
Effective Date of 1992 Amendment
Section 2 of Pub. L. 102-444 provided that: ``The amendment made by
section 1 [amending this section] shall take effect on the date of the
enactment of this Act [Oct. 23, 1992].''
Effective Date of 1991 Amendment
Section 13 of Pub. L. 102-204 provided that: ``This Act [amending
this section, sections 6, 42, 202, 371, and 376 of this title, and
section 1113 of Title 15, Commerce and Trade, enacting provisions set
out as notes under this section, section 6 of this title, and section
1113 of Title 15, and amending and repealing provisions set out as notes
under this section] takes effect on the date of the enactment of this
Act [Dec. 10, 1991], except that the fees established by the amendment
made by section 5(a) [amending this section] shall take effect on or
after 1 day after such fees are published in the Federal Register.''
Effective Date of 1984 Amendment
Pub. L. 98-622, title II, Sec. 207, Nov. 8, 1984, 98 Stat. 3389,
provided that: ``Section 206 of this Act [98 Stat. 3388] and the
amendments made by this title [amending this section, sections 7, 134,
135, 141, 145, 146, and 305 of this title, section 1295 of Title 28,
Judiciary and Judicial Procedure, and sections 2182 and 2457 of Title
42, The Public Health and Welfare] shall take effect three months after
the date of the enactment of this Act [Nov. 8, 1984].''
Effective Date of 1982 Amendment
Section 17(a) of Pub. L. 97-247 provided that: ``Sections 1, 2, 4,
7, and 13 through 15 of this Act [amending sections 3, 6, 13, 115, and
261 of this title and section 1061 of Title 15, Commerce and Trade]
shall take effect on the date of enactment of this Act [Aug. 27, 1982].
Sections 3 and 16 of this Act [amending this section, sections 42 and
173 of this title, and section 113 of Title 15] shall take effect on
October 1, 1982. The maintenance fees provided for in section 3(b) of
this Act [amending this section] shall not apply to patents applied for
prior to the date of enactment of this Act. Each patent applied for on
or after the date of enactment of this Act shall be subject to the
maintenance fees established pursuant to section 3(b) of this Act or to
maintenance fees hereafter established by law, as to the amounts paid
and the number and timing of the payments.''
Effective Date of 1980 Amendment
Section 8 of Pub. L. 96-517 provided that:
``(a) Sections 2, 4, and 5 of this Act [amending this section,
section 154 of this title, and section 1113 of Title 15, Commerce and
Trade] will take effect upon enactment [Dec. 12, 1980].
``(b) Section 1 of this Act [enacting sections 301 to 307 of this
title] will take effect on the first day of the seventh month beginning
after its enactment [Dec. 12, 1980] and will apply to patents in force
as of that date or issued thereafter.
``(c) Section 3 of this Act [amending section 42 of this title] will
take effect on the first day of the first fiscal year beginning on or
after one calendar year after enactment [Dec. 12, 1980]. However, until
section 3 takes effect, the Commissioner may credit the Patent and
Trademark Office appropriation account in the Treasury of the United
States with the revenues from collected reexamination fees, which will
be available to pay the costs to the Office of reexamination
proceedings.
``(d) Any fee in effect as of the date of enactment of this Act
[Dec. 12, 1980] will remain in effect until a corresponding fee
established under section 41 of title 35, United States Code, or section
1113 of title 15, United States Code, takes effect.
``(e) Fees for maintaining a patent in force will not be applicable
to patents applied for prior to the date of enactment of this Act [Dec.
12, 1980].
``(f) Sections 6 and 7 of this Act [enacting sections 200 to 211 of
this title and amending sections 2186, 2457, and 5908 of Title 42, The
Public Health and Welfare] will take effect on the first day of the
seventh month beginning after its enactment [Dec. 12, 1980].
Implementing regulations may be issued earlier.
``(g) Sections 8 and 9 [enacting this note and provision set out as
a note under section 14 of this title] will take effect on the date of
enactment of this Act [Dec. 12, 1980].''
Effective Date of 1975 Amendments
Amendment by Pub. L. 94-131 effective Jan. 24, 1978, and applicable
on and after that date to patent applications filed in the United States
and to international applications, where applicable, see section 11 of
Pub. L. 94-131, set out as an Effective Date note under section 351 of
this title.
Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of
Pub. L. 93-596, set out as a note under section 1111 of Title 15,
Commerce and Trade.
Effective Date of 1965 Amendment
Section 7 of Pub. L. 89-83 provided that:
``(a) This Act [amending this section, sections 112, 151, 154, and
282 of this title, and section 1113 of Title 15, Commerce and Trade, and
repealing section 266 of this title] shall take effect three months
after its enactment [July 24, 1965].
``(b) Items 1, 3, and 4 of section 41(a) of title 35, United States
Code, as amended by section 1 of this Act, do not apply in further
proceedings in applications filed prior to the effective date of this
Act.
``(c) Item 2 of section 41(a), as amended by section 1 of this Act
[item 2 of subsec. (a) of this section], and section 4 of this Act
[amending section 151 of this title] do not apply in cases in which the
notice of allowance of the application was sent, or in which a patent
issued, prior to the effective date; and, in such cases, the fee due is
the fee specified in this title prior to the effective date of this Act.
``(d) Item 3 of section 31 of the Trademark Act, as amended by
section 3 of this Act [item 3 of section 1113(a) of Title 15], applies
only in the case of registrations issued and registrations published
under the provisions of section 12(c) of the Trademark Act [section
1062(c) of Title 15] on or after the effective date of this Act.''
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(i)(4) of this section relating to annual reports to Congress, see
section 3003 of Pub. L. 104-66, as amended, set out as a note under
section 1113 of Title 31, Money and Finance, and page 55 of House
Document No. 103-7.
Study on Alternative Fee Structures
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4204], Nov.
29, 1999, 113 Stat. 1536, 1501A-555, provided that: ``The Under
Secretary of Commerce for Intellectual Property and Director of the
United States Patent and Trademark Office shall conduct a study of
alternative fee structures that could be adopted by the United States
Patent and Trademark Office to encourage maximum participation by the
inventor community in the United States. The Director shall submit such
study to the Committees on the Judiciary of the House of Representatives
and the Senate not later than 1 year after the date of the enactment of
this Act [Nov. 29, 1999].''
Cost Recovery for Publication
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4506], Nov.
29, 1999, 113 Stat. 1536, 1501A-565, provided that: ``The Under
Secretary of Commerce for Intellectual Property and Director of the
United States Patent and Trademark Office shall recover the cost of
early publication required by the amendment made by section 4502
[amending section 122 of this title] by charging a separate publication
fee after notice of allowance is given under section 151 of title 35,
United States Code.''
Continuation of Maintenance
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,
Sec. 4804(d)(2)], Nov. 29, 1999, 113 Stat. 1536, 1501A-590, provided
that: ``The Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office shall not,
pursuant to the amendment made by paragraph (1) [amending this section],
cease to maintain, for use by the public, paper or microform collections
of United States patents, foreign patent documents, and United States
trademark registrations, except pursuant to notice and opportunity for
public comment and except that the Director shall first submit a report
to the Committees on the Judiciary of the Senate and the House of
Representatives detailing such plan, including a description of the
mechanisms in place to ensure the integrity of such collections and the
data contained therein, as well as to ensure prompt public access to the
most current available information, and certifying that the
implementation of such plan will not negatively impact the public.''
Access to Electronic Patent Information
Pub. L. 105-289, Sec. 4, Oct. 27, 1998, 112 Stat. 2781, provided
that:
``(a) In General.--The United States Patent and Trademark Office
shall develop and implement statewide computer networks with remote
library sites in requesting rural States such that citizens in those
States will have enhanced access to information in their State's patent
and trademark depository library.
``(b) Definition.--In this section, the term `rural States' means
the States that qualified on January 1, 1997, as rural States under
section 1501(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 379bb(b) [3796bb(b)]).''
Waiver of Certain Restrictions
Section 2(c) of Pub. L. 102-204 provided that: ``Surcharges
established for fiscal year 1992 under section 10101(c) of the Omnibus
Budget Reconciliation Act of 1990 [Pub. L. 101-508, set out below] may
take effect on or after 1 day after such surcharges are published in the
Federal Register. Section 553 of title 5, United States Code, shall not
apply to the establishment of such surcharges for fiscal year 1992.''
Unspecified Patent Fees for Fiscal Year 1992; Effective Date Contingent
Upon Publication in Federal Register
Section 5(c)(2) of Pub. L. 102-204 provided that fees established by
the Commissioner of Patents and Trademarks under subsec. (d) of this
section during fiscal year 1992 could take effect on or after 1 day
after being published in the Federal Register, and that subsec. (g) of
this section and section 553 of title 5 were not to apply to the
establishment of such fees during fiscal year 1992.
Patent Information Dissemination
Section 11 of Pub. L. 102-204 set out definitions, established a
patent information demonstration program, stipulated the information to
be disseminated, provided for fees for CD-ROM purchase, and required a
report to Congress one year after Dec. 10, 1991.
Surcharges on Patent Fees
Pub. L. 101-508, title X, Sec. 10101(a)-(c), Nov. 5, 1990, 104 Stat.
1388-391, as amended by Pub. L. 102-204, Sec. 2(b), Dec. 10, 1991, 105
Stat. 1636; Pub. L. 103-66, title VIII, Sec. 8001, Aug. 10, 1993, 107
Stat. 402, provided for surcharges for fees under this section during
fiscal years 1991 through 1998, and stipulated how surcharges would be
used and credited in those fiscal years.
Effect on Other Laws
Pub. L. 101-508, title X, Sec. 10103, Nov. 5, 1990, 104 Stat. 1388-
392, provided that: ``Except for section 10101(d) [not classified to the
Code], nothing in this subtitle [subtitle B (Secs. 10101-10103) of title
X of Pub. L. 101-508, enacting provisions set out as notes under this
section and section 1 of this title] affects the provisions of Public
Law 100-703 (102 Stat. 4674 and following) [see Tables for
classification].''
Public Access to Patent and Trademark Office Information
Pub. L. 100-703, title I, Sec. 104(b), (c), Nov. 19, 1988, 102 Stat.
4675, provided that the Commissioner of Patents and Trademarks maintain
patent and trademark collections, search rooms, and libraries for use by
the public without fees and authorized establishment of fees for access
by the public to automated search systems of the Patent and Trademark
Office, prior to repeal by Pub. L. 102-204, Sec. 9, Dec. 10, 1991, 105
Stat. 1641. See section 41(i) of this title.
Pub. L. 99-607, Sec. 4, Nov. 6, 1986, 100 Stat. 3471, provided that
the Commissioner of Patents and Trademarks could not impose a fee for
use of public patent or trademark search rooms and libraries and that
costs of such rooms and libraries should come from amounts appropriated
by Congress, prior to repeal by Pub. L. 100-703, title I, Sec. 104(a),
Nov. 19, 1988, 102 Stat. 4675.
Patent Fees
Pub. L. 100-703, title I, Sec. 103(b), Nov. 19, 1988, 102 Stat.
4674, prohibited Commissioner of Patents and Trademarks, during fiscal
years 1989, 1990, and 1991, from increasing fees established under
subsec. (d) of this section, except for purposes of making adjustments
which in the aggregate did not exceed fluctuations during the previous
three years in the Consumer Price Index, and from establishing
additional fees under such section during such fiscal years. Similar
provisions were contained in Pub. L. 99-607, Sec. 3(b), Nov. 6, 1986,
100 Stat. 3471.
Section 404 of Pub. L. 98-622 provided that:
``(a) Notwithstanding section 41 of title 35, United States Code, as
in effect before the enactment of Public Law 97-247 (96 Stat. 317) [Aug.
27, 1982], no fee shall be collected for maintaining a plant patent in
force.
``(b) Notwithstanding section 41(c) of title 35, United States Code,
as in effect before the enactment of Public Law 97-247 (96 Stat. 317)
[Aug. 27, 1982], the Commissioner of Patents and Trademarks [now Under
Secretary of Commerce for Intellectual Property and Director of the
United States Patent and Trademark Office] may accept, after the six-
month grace period referred to in such section 41(c), the payment of any
maintenance fee due on any patent based on an application filed in the
Patent and Trademark Office on or after December 12, 1980, and before
August 27, 1982, to the same extent as in the case of patents based on
applications filed in the Patent and Trademark Office on or after August
27, 1982.''
Section Referred to in Other Sections
This section is referred to in sections 2, 13, 119, 132, 302, 311,
371, 376 of this title.
