[Federal Register Volume 69, Number 234 (Tuesday, December 7, 2004)]
[Notices]
[Pages 70660-70661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26853]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No. 2004-P-050]


Changes to Patent Fees Under the Consolidated Appropriations Act, 
2005

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice.

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SUMMARY: If enacted in its present form, the Consolidated 
Appropriations Act, 2005 (Consolidated Appropriations Act), will revise 
patent fees in general, including maintenance fees, and will provide 
for a search fee and examination fee that are separate from the filing 
fee, during fiscal years 2005 and 2006. This notice provides advance 
notice to the public of the changes to patent fees in the Consolidated 
Appropriations Act. In particular, with respect to maintenance fees, 
this notice advises the public to remain vigilant as to the effective 
date of the Consolidated Appropriations Act and to consider paying 
maintenance fees early or taking other appropriate steps to ensure that 
their patents remain in force.

FOR FURTHER INFORMATION CONTACT: The Office of Patent Legal 
Administration, Office of the Deputy Commissioner for Patent 
Examination Policy, by telephone at (571) 272-7701 or by electronic 
mail message over the Internet at <a href="/cdn-cgi/l/email-protection#74241500111a0024061517001d171134212724203b5a131b02"><span class="__cf_email__" data-cfemail="05556471606b7155776466716c666045505655514a2b626a73">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: H.R. 4818, the Consolidated Appropriations 
Act, 2005 (Consolidated Appropriations Act) would, upon enactment, 
revise certain patent application and maintenance fees; provide 
separate fees for a basic filing fee, a search fee, and an examination 
fee; and require an additional fee for any patent application whose 
specification and drawings exceed 100 sheets of paper (application size 
fee).
    The new patent fees become effective on the date the President 
signs the Consolidated Appropriations Act. The fees will remain in 
effect during the remainder of fiscal year 2005 and during fiscal year 
2006. The USPTO expects the Consolidated Appropriations Act to be 
signed by the President in December.
    The patent maintenance fee changes apply to any maintenance fee 
payment made on or after the date of enactment of the Consolidated 
Appropriations Act, regardless of the filing or issue date of the 
patent for which the fee is submitted. The revised maintenance fees 
take effect on the date the Consolidated Appropriations Act is signed 
by the President. For example, if the President signs the Consolidated 
Appropriations Act at noon on December 8, 2004, any maintenance fee 
paid at any time on December 8, 2004, or thereafter, would be subject 
to the revised maintenance fee amounts set forth in the Consolidated 
Appropriations Act, regardless of whether the President signs the 
Consolidated Appropriations Act before or after the payment is made. 
For this reason, persons paying the second and third maintenance fees 
may want to consider: (1) Authorizing payment of any deficiency from a 
deposit account; or (2) paying the maintenance fee with sufficient time 
remaining in the payment window to allow for a timely payment of any 
fee deficiency due to the enactment of the Consolidated Appropriations 
Act. This is especially important if paying via the USPTO's Internet 
Web site since there may be some delay in updating maintenance fee 
information on the USPTO's Office of Finance On-Line Shopping Web page 
and maintenance fees must be timely paid in the appropriate amount to 
avoid expiration of a patent.
    The new basic filing fee (or national fee), search fee, examination 
fee, and application size fee will apply to national patent 
applications filed on or after the date of enactment of the 
Consolidated Appropriations Act and to international patent 
applications in which the basic national fee is paid on or after the 
date of enactment. The filing fee (or national fee), search fee, and 
examination fee are due on filing. If the filing fee (or national fee) 
is paid on filing, but the search fee and/or examination fee is 
missing, the USPTO will issue a notice requiring that any missing 
search fee and examination fee (but no surcharge until further notice) 
be paid within a specified period of time in order to avoid 
abandonment. Thus, if at least the full basic filing fee in effect on 
the date of enactment of the Consolidated Appropriations Act is paid

[[Page 70661]]

on or after the date of enactment of the Consolidated Appropriations 
Act, the USPTO will issue a notice requiring any balance of the search 
fee and the examination fee (but no surcharge).
    Since the changes to the patent fees take effect on the date the 
Consolidated Appropriations Act is signed by the President, there will 
be applications filed on or after the effective date that may not 
include the revised fees set forth in the Consolidated Appropriations 
Act. For example, if the President signs the Consolidated 
Appropriations Act at noon on December 8, 2004, any application filed 
(before or after noon) on December 8, 2004, or thereafter, would be 
subject to the basic filing fee, search fee, examination fee and the 
revised patent application fees set forth in the Consolidated 
Appropriations Act.
    The remaining patent application fee changes, including the excess 
claims fees, extension of time fees, and appeal fees, apply to any fee 
payment made on or after the date of enactment of the Consolidated 
Appropriations Act, regardless of the filing date of the application 
for which the fee is submitted.
    The USPTO will post additional information on its Internet Web site 
(http://www.uspto.gov) as soon as possible after enactment of the 
Consolidated Appropriations Act. USPTO customers should monitor the 
USPTO's Internet Web site frequently for current patent fee 
information.
    Payments from foreign countries must be payable and immediately 
negotiable in the United States for the full amount of the fee 
required.

    Dated: December 2, 2004.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 04-26853 Filed 12-3-04; 9:45 am]
BILLING CODE 3510-16-P


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