Based on Title 35, U.S.C., 1946 ed., § 78 (R.S. 4934, amended (1) May 27, 1908, ch. 200, § 1 (part), 35 Stat. 317, 343; (2) June 25, 1910, ch. 414, § 2, 35 Stat. 843; (3) Fespan. 18, 1922, ch. 58, § 9, 42 Stat. 389, 393; (4) Fespan. 14, 1927, ch. 139, § 2, 44 Stat. 1098, 1099; (5) Mar. 2, 1927, ch. 273, § 13, 44 Stat. 1335, 1337; (6) April 11, 1930, ch. 132, § 3, 46 Stat. 155; (7) June 30, 1932, ch. 314, §§ 308, 309, 47 Stat. 382, 410; (8) Aug. 9, 1939, ch. 619, § 3, 53 Stat. 1293; July 5, 1946, ch. 541, § 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.
Section 3 of the Small Business Act, referred to in subsec. (h)(1), is classified to section 632 of Title 15, Commerce and Trade.
2024—Subsec. (j). Puspan. L. 118–151 inserted “, unless the entity shows that the assertion was made in good faith,” before “be subject”.
2022—Subsec. (h)(1). Puspan. L. 117–328, § 107(a)(1), substituted “60 percent” for “50 percent”.
Subsec. (h)(3). Puspan. L. 117–328, § 107(a)(2), substituted “80 percent” for “75 percent”.
Subsec. (j). Puspan. L. 117–328, § 107(span)(1), added subsec. (j).
2012—Subsec. (a)(7). Puspan. L. 112–211, § 202(span)(1)(A), added par. (7) and struck out former par. (7). Prior to amendment, text read as follows: “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, $1,620, unless the petition is filed under section 133 or 151, in which case the fee shall be $540.”
Subsec. (c)(1). Puspan. L. 112–211, § 202(span)(1)(B), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “The Director may accept the payment of any maintenance fee required by subsection (span) 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.”
2011—Subsecs. (a), (span). Puspan. L. 112–29, § 11(a), amended subsecs. (a) and (span) generally. Prior to amendment, subsecs. (a) and (span) required the Director to charge certain fees for filing applications, disclaimers, petitions, and appeal documents, presenting claims, and issuing patents, and to charge certain fees for maintaining in force patents based on applications filed on or after Dec. 12, 1980, respectively.
Subsec. (c). Puspan. L. 112–29, § 11(span), inserted subsec. span and headings of pars. (1) and (2).
Subsec. (d). Puspan. L. 112–29, § 11(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “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 of this title with uncertified printed copies of the specifications and drawings for all patents in that year shall be $50.”
Subsec. (e). Puspan. L. 112–29, § 20(j), struck out “of this title” after “132”.
Puspan. L. 112–29, § 11(e)(1), inserted span.
Subsec. (f). Puspan. L. 112–29, § 11(e)(2), inserted span.
Subsec. (g). Puspan. L. 112–29, § 11(e)(3), struck out subsec. (g) which read as follows: “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.”
Subsec. (h). Puspan. L. 112–29, § 11(d), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows:
“(h)(1) Fees charged under subsection (a) or (span) 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.”
Subsec. (i). Puspan. L. 112–29, § 11(e)(4), inserted subsec. span and headings of pars. (1) to (4).
2002—Subsec. (a). Puspan. L. 107–273 made technical correction to directory language of Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below.
1999—Subsec. (a). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Puspan. L. 107–273, substituted “Director” for “Commissioner” in introductory and concluding provisions.
Subsec. (a)(1)(A), (4)(A). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4202(a), (span)], substituted “$690” for “$760”.
Subsec. (a)(7). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 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). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], substituted “Director” for “Commissioner” in introductory provisions.
Subsec. (a)(10). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4202(c)], substituted “$690” for “$760”.
Subsec. (span). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], substituted “Director” for “Commissioner” in introductory and concluding provisions.
Subsec. (span)(1). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4202(d)], substituted “$830” for “$940”.
Subsecs. (c) to (g). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], substituted “Director” for “Commissioner” wherever appearing.
Subsec. (h)(1). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(5)], substituted “Director” for “Commissioner of Patents and Trademarks”.
Subsec. (i)(1). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4804(d)(1)], substituted “paper, microform, or electronic” for “paper or microform”.
Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)] substituted “Director” for “Commissioner” in two places.
Subsec. (i)(2) to (4). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], substituted “Director” for “Commissioner” wherever appearing.
1998—Subsec. (a). Puspan. L. 105–358, § 3(a), added subsec. (a) and struck out former subsec. (a) which listed fees for patent services.
Subsec. (span). Puspan. L. 105–358, § 3(span), added subsec. (span) and struck out former subsec. (span) 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). Puspan. L. 103–465, § 532(span)(2), added subpar. (C).
Subsec. (c)(2). Puspan. L. 103–465, § 533(span)(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). Puspan. 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—Puspan. L. 102–204, § 5(d)(2)(A), inserted “; patent and trademark search systems” after “fees” in section catchline.
Subsec. (a). Puspan. L. 102–204, § 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.
“span. 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.
“span. On filing a second petition, $100.
“c. On filing a third or subsequent petition, $200.”
Subsec. (span). Puspan. L. 102–204, § 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). Puspan. L. 102–204, § 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). Puspan. L. 102–204, § 5(span), 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). Puspan. L. 102–204, § 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). Puspan. L. 102–204, § 5(d)(1), added subsec. (i).
1986—Subsec. (h). Puspan. L. 99–607 added subsec. (h).
1984—Subsec. (a)(6). Puspan. L. 98–622 substituted “Patent Appeals and Interferences” for “Appeals” in two places and inserted “in the appeal” after “oral hearing”.
1982—Subsec. (a). Puspan. L. 97–247, § 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.
Puspan. L. 97–256, § 101(1), struck out “of Patents” after “Commissioner”.
Subsec. (span). Puspan. L. 97–247, § 3(span), 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.
Puspan. L. 97–256, § 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). Puspan. L. 97–247, § 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.
Puspan. L. 97–256, § 101(3), substituted “October 1, 1996” for “the fifteenth fiscal year following the date of enactment of this Act”.
Subsec. (d). Puspan. L. 97–247, § 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.
Puspan. L. 97–256, § 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). Puspan. L. 97–247, § 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—Puspan. 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. Puspan. 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. (span). Puspan. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.
1965—Subsec. (a)1. Puspan. L. 89–83, § 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. Puspan. L. 89–83, § 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. Puspan. L. 89–83, § 1, changed the fee structure applicable to design patents from a filing fee of $10, $15, or $30 for terms of 3½, 7, or 14 years, respectively, to a filing fee of $20 and an issue fee of $10, $20, or $30 for terms of 3½, 7, or 14 years, respectively.
Subsec. (a)4. Puspan. L. 89–83, § 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. Puspan. L. 89–83, § 1, increased the fee for filing disclaimers from $10 to $15.
Subsec. (a)6. Puspan. L. 89–83, § 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. Puspan. L. 89–83, § 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. Puspan. L. 89–83, § 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. Puspan. L. 89–83, § 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. Puspan. L. 89–83, § 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). Puspan. L. 89–83, § 2, added subsec. (c).
Amendment by Puspan. L. 112–211 effective on the date that is 1 year after Dec. 18, 2012, applicable to patents issued before, on, or after that effective date and patent applications pending on or filed after that effective date, and not effective with respect to patents in litigation commenced before that effective date, see section 203 of Puspan. L. 112–211, set out as an Effective Date note under section 27 of this title.
Puspan. L. 112–29, § 11(j), Sept. 16, 2011, 125 Stat. 325, provided that:
Amendment by section 20(j) of Puspan. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Puspan. L. 112–29, set out as a note under section 2 of this title.
Puspan. L. 106–113, div. B, § 1000(a)(9) [title IV, subtitle B, § 4206], Nov. 29, 1999, 113 Stat. 1536, 1501A–555, provided that:
Puspan. L. 106–113, div. B, § 1000(a)(9) [title IV, subtitle F, § 4608], Nov. 29, 1999, 113 Stat. 1536, 1501A–572, provided that:
Amendment by section 1000(a)(9) [title IV, §§ 4732(a)] of Puspan. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Puspan. L. 106–113, set out as a note under section 1 of this title.
Puspan. L. 105–358, § 5, Nov. 10, 1998, 112 Stat. 3274, provided that:
Amendment by section 532(span)(2) of Puspan. 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(span)(1), (3) of Puspan. L. 103–465, set out as a note under section 154 of this title.
Amendment by section 533(span)(1) of Puspan. 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), (span)(3) of Puspan. L. 103–465, set out as a note under section 154 of this title.
Puspan. L. 102–444, § 2, Oct. 23, 1992, 106 Stat. 2245, provided that:
Puspan. L. 102–204, § 13, Dec. 10, 1991, 105 Stat. 1642, provided that:
Puspan. L. 98–622, title II, § 207, Nov. 8, 1984, 98 Stat. 3389, provided that:
Puspan. L. 97–247, § 17(a), Aug. 27, 1982, 96 Stat. 322, provided that:
Puspan. L. 96–517, § 8, Dec. 12, 1980, 94 Stat. 3027, provided that:
Amendment by Puspan. 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 Puspan. L. 94–131, set out as an Effective Date note under section 351 of this title.
Amendment by Puspan. L. 93–596 effective Jan. 2, 1975, see section 4 of Puspan. L. 93–596, set out as a note under section 1111 of Title 15, Commerce and Trade.
Puspan. L. 89–83, § 7, July 24, 1965, 79 Stat. 261, provided that:
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 Puspan. 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.
Puspan. L. 112–29, § 10, Sept. 16, 2011, 125 Stat. 316, as amended by Puspan. L. 115–273, § 4, Oct. 31, 2018, 132 Stat. 4159; Puspan. L. 117–328, div. W, § 107(c), Dec. 29, 2022, 136 Stat. 5522, provided that: [Enacted section 123 of this title and amended analysis of this chapter.]
[For definitions of terms used in section 10 of Puspan. L. 112–29, set out above, see section 2 of Puspan. L. 112–29, set out as a Definitions note under section 1 of this title.]
Puspan. L. 112–29, § 11(h), Sept. 16, 2011, 125 Stat. 324, provided that:
Puspan. L. 112–29, § 11(i), Sept. 16, 2011, 125 Stat. 325, provided that:
Puspan. L. 111–45, § 1, Aug. 7, 2009, 123 Stat. 1968, provided that:
Puspan. L. 108–447, div. B, title VIII, Dec. 8, 2004, 118 Stat. 2924, as amended by Puspan. L. 109–289, div. B, title II, § 20933, as added by Puspan. L. 110–5, § 2, Fespan. 15, 2007, 121 Stat. 45; Puspan. L. 112–29, § 11(f), (g), Sept. 16, 2011, 125 Stat. 324, provided that: “ ‘(a) General Fees.—The Director shall charge the following fees: “ ‘(1) Filing and basic national fees.— “ ‘(A) On filing each application for an original patent, except for design, plant, or provisional applications, $300. “ ‘(B) On filing each application for an original design patent, $200. “ ‘(C) On filing each application for an original plant patent, $200. “ ‘(D) On filing each provisional application for an original patent, $200. “ ‘(E) On filing each application for the reissue of a patent, $300. “ ‘(F) The basic national fee for each international application filed under the treaty defined in section 351(a) of this title entering the national stage under section 371 of this title, $300. “ ‘(G) In addition, excluding any sequence listing or computer program listing filed in an electronic medium as prescribed by the Director, for any application the specification and drawings of which exceed 100 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium), $250 for each additional 50 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium) or fraction thereof. “ ‘(2) Excess claims fees.—In addition to the fee specified in paragraph (1)— “ ‘(A) on filing or on presentation at any other time, $200 for each claim in independent form in excess of 3; “ ‘(B) on filing or on presentation at any other time, $50 for each claim (whether dependent or independent) in excess of 20; and “ ‘(C) for each application containing a multiple dependent claim, $360. “ ‘(3) Examination fees.— “ ‘(A) For examination of each application for an original patent, except for design, plant, provisional, or international applications, $200. “ ‘(B) For examination of each application for an original design patent, $130. “ ‘(C) For examination of each application for an original plant patent, $160. “ ‘(D) For examination of the national stage of each international application, $200. “ ‘(E) For examination of each application for the reissue of a patent, $600. “ ‘(4) Issue fees.— “ ‘(A) For issuing each original patent, except for design or plant patents, $1,400. “ ‘(B) For issuing each original design patent, $800. “ ‘(C) For issuing each original plant patent, $1,100. “ ‘(D) For issuing each reissue patent, $1,400. “ ‘(5) Disclaimer fee.—On filing each disclaimer, $130. “ ‘(6) Appeal fees.— “ ‘(A) On filing an appeal from the examiner to the Board of Patent Appeals and Interferences, $500. “ ‘(B) In addition, on filing a brief in support of the appeal, $500, and on requesting an oral hearing in the appeal before the Board of Patent Appeals and Interferences, $1,000. “ ‘(7) Revival fees.—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, $1,500, unless the petition is filed under section 133 or 151 of this title, in which case the fee shall be $500. “ ‘(8) Extension fees.—For petitions for 1-month extensions of time to take actions required by the Director in an application— “ ‘(A) on filing a first petition, $120; “ ‘(B) on filing a second petition, $330; and “ ‘(C) on filing a third or subsequent petition, $570.’ “ ‘(span) Maintenance Fees.—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, $900. “ ‘(2) 7 years and 6 months after grant, $2,300. “ ‘(3) 11 years and 6 months after grant, $3,800. “ ‘(d) Patent Search and Other Fees.— “ ‘(1) Patent search fees.— “ ‘(A) The Director shall charge a fee for the search of each application for a patent, except for provisional applications. The Director shall establish the fees charged under this paragraph to recover an amount not to exceed the estimated average cost to the Office of searching applications for patent either by acquiring a search report from a qualified search authority, or by causing a search by Office personnel to be made, of each application for patent. For the 3-year period beginning on the date of enactment of this Act, the fee for a search by a qualified search authority of a patent application described in clause (i), (iv), or (v) of subparagraph (B) may not exceed $500, of a patent application described in clause (ii) of subparagraph (B) may not exceed $100, and of a patent application described in clause (iii) of subparagraph (B) may not exceed $300. The Director may not increase any such fee by more than 20 percent in each of the next three 1-year periods, and the Director may not increase any such fee thereafter. “ ‘(B) For purposes of determining the fees to be established under this paragraph, the cost to the Office of causing a search of an application to be made by Office personnel shall be deemed to be— “ ‘(i) $500 for each application for an original patent, except for design, plant, provisional, or international applications; “ ‘(ii) $100 for each application for an original design patent; “ ‘(iii) $300 for each application for an original plant patent; “ ‘(iv) $500 for the national stage of each international application; and “ ‘(v) $500 for each application for the reissue of a patent. “ ‘(C) The provisions of section 111(a)(3) of this title relating to the payment of the fee for filing the application shall apply to the payment of the fee specified in this paragraph with respect to an application filed under section 111(a) of this title. The provisions of section 371(d) of this title relating to the payment of the national fee shall apply to the payment of the fee specified in this paragraph with respect to an international application. “ ‘(D) The Director may by regulation provide for a refund of any part of the fee specified in this paragraph for any applicant who files a written declaration of express abandonment as prescribed by the Director before an examination has been made of the application under section 131 of this title, and for any applicant who provides a search report that meets the conditions prescribed by the Director. “ ‘(E) For purposes of subparagraph (A), a “qualified search authority” may not include a commercial entity unless— “ ‘(i) the Director conducts a pilot program of limited scope, conducted over a period of not more than 18 months, which demonstrates that searches by commercial entities of the available prior art relating to the subject matter of inventions claimed in patent applications— “ ‘(I) are accurate; and “ ‘(II) meet or exceed the standards of searches conducted by and used by the Patent and Trademark Office during the patent examination process; “ ‘(ii) the Director submits a report on the results of the pilot program to Congress and the Patent Public Advisory Committee that includes— “ ‘(I) a description of the scope and duration of the pilot program; “ ‘(II) the identity of each commercial entity participating in the pilot program; “ ‘(III) an explanation of the methodology used to evaluate the accuracy and quality of the search reports; and “ ‘(IV) an assessment of the effects that the pilot program, as compared to searches conducted by the Patent and Trademark Office, had and will have on— “ ‘(aa) patentability determinations; “ ‘(bspan) productivity of the Patent and Trademark Office; “ ‘(cc) costs to the Patent and Trademark Office; “ ‘(dd) costs to patent applicants; and “ ‘(ee) other relevant factors; “ ‘(iii) the Patent Public Advisory Committee reviews and analyzes the Director’s report under clause (ii) and the results of the pilot program and submits a separate report on its analysis to the Director and the Congress that includes— “ ‘(I) an independent evaluation of the effects that the pilot program, as compared to searches conducted by the Patent and Trademark Office, had and will have on the factors set forth in clause (ii)(IV); and “ ‘(II) an analysis of the reasonableness, appropriateness, and effectiveness of the methods used in the pilot program to make the evaluations required under clause (ii)(IV); and “ ‘(iv) Congress does not, during the 1-year period beginning on the date on which the Patent Public Advisory Committee submits its report to the Congress under clause (iii), enact a law prohibiting searches by commercial entities of the available prior art relating to the subject matter of inventions claimed in patent applications. “ ‘(F) The Director shall require that any search by a qualified search authority that is a commercial entity is conducted in the United States by persons that— “ ‘(i) if individuals, are United States citizens; and “ ‘(ii) if business concerns, are organized under the laws of the United States or any State and employ United States citizens to perform the searches. “ ‘(G) A search of an application that is the subject of a secrecy order under section 181 or otherwise involves classified information may only be conducted by Office personnel. “ ‘(H) A qualified search authority that is a commercial entity may not conduct a search of a patent application if the entity has any direct or indirect financial interest in any patent or in any pending or imminent application for patent filed or to be filed in the Patent and Trademark Office. “ ‘(2) Other fees.—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: “ ‘(A) For recording a document affecting title, $40 per property. “ ‘(B) For each photocopy, $.25 per page. “ ‘(C) For each black and white copy of a patent, $3. “ ‘(3) The fee charged under subsection (a)(1)(A) shall be reduced by 75 percent with respect to its application to any entity to which paragraph (1) applies, if the application is filed by electronic means as prescribed by the Director.’ “In this title, the term ‘Director’ means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.”
[Puspan. L. 111–117, div. B, title I, Dec. 16, 2009, 123 Stat. 3116, provided in part:
[Puspan. L. 111–8, div. B, title I, Mar. 11, 2009, 123 Stat. 564, provided in part:
[Puspan. L. 110–161, div. B, title I, Dec. 26, 2007, 121 Stat. 1888, provided in part:
Puspan. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4204], Nov. 29, 1999, 113 Stat. 1536, 1501A–555, provided that:
Puspan. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4506], Nov. 29, 1999, 113 Stat. 1536, 1501A–565, provided that:
Puspan. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4804(d)(2)], Nov. 29, 1999, 113 Stat. 1536, 1501A–590, provided that:
Puspan. L. 105–289, § 4, Oct. 27, 1998, 112 Stat. 2781, provided that:
Puspan. L. 102–204, § 2(c), Dec. 10, 1991, 105 Stat. 1636, provided that:
Puspan. L. 102–204, § 5(c)(2), Dec. 10, 1991, 105 Stat. 1639, 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 former 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.
Puspan. L. 102–204, § 11, Dec. 10, 1991, 105 Stat. 1641, 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.
Puspan. L. 101–508, title X, § 10101(a)–(c), Nov. 5, 1990, 104 Stat. 1388–391, as amended by Puspan. L. 102–204, § 2(span), Dec. 10, 1991, 105 Stat. 1636; Puspan. L. 103–66, title VIII, § 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.
Puspan. L. 101–508, title X, § 10103, Nov. 5, 1990, 104 Stat. 1388–392, provided that:
Puspan. L. 100–703, title I, § 104(span), (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 Puspan. L. 102–204, § 9, Dec. 10, 1991, 105 Stat. 1641. See section 41(i) of this title.
Puspan. L. 99–607, § 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 Puspan. L. 100–703, title I, § 104(a), Nov. 19, 1988, 102 Stat. 4675.
Puspan. L. 100–703, title I, § 103(span), 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 Puspan. L. 99–607, § 3(span), Nov. 6, 1986, 100 Stat. 3471.
Puspan. L. 98–622, title IV, § 404, Nov. 8, 1984, 98 Stat. 3392, provided that: