3036 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 

its publication on December 19, 2024, 

which is January 18, 2025. 

DATES: This correction is effective 

January 17, 2025. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Milton Boyd, Acting Director for Policy 

and Legislation, Office of the Assistant 

Secretary of the Army (Civil Works), 108 

Army Pentagon, Washington, DC 

20310–0108, at (202) 761–8546 or 

milton.w.boyd.civ@army.mil. 

SUPPLEMENTARY INFORMATION: In the 

final rule published December 19, 2024, 

there was one technical error that is 

now identified and corrected in this 

document. The provisions in this 

correction document are effective as if 

they had been included in the document 

published December 19, 2024. 

Accordingly, the following corrections 

are effective January 18, 2025. 

Corrections to Regulations 

In FR Doc. 2024–29652, appearing on 

page 103992 in the Federal Register of 

Thursday, December 19, 2024, the 

following correction is made: 

1. On page 103992, in the first 

column, correct the DATES section to 

read as follows: 

DATES: This rule is effective on January 

18, 2025. 

Jaime A. Pinkham, 

Acting Assistant Secretary of the Army, Civil 

Works. 

[FR Doc. 2025–00617 Filed 1–13–25; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

37 CFR Parts 1, 41, and 42 

[Docket No. PTO–P–2022–0033] 

RIN 0651–AD64 

Setting and Adjusting Patent Fees 

During Fiscal Year 2025 

AGENCY: United States Patent and 

Trademark Office, Department of 

Commerce. 

ACTION: Final rule; correction. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO) is correcting 

several minor typographical and other 

nonsubstantive inadvertent errors in the 

preamble and amendatory instructions 

to a final rule that appeared in the 

Federal Register on November 20, 2024. 

That final rule set or adjusted patent 

fees as authorized by the Leahy-Smith 

America Invents Act (AIA), as amended 

by the Study of Underrepresented 

Classes Chasing Engineering and 

Science Success Act of 2018 (SUCCESS 

Act). These corrections do not result in 

any substantive changes to the final 

rule. 

DATES: The final rule correction is 

effective January 19, 2025. 

FOR FURTHER INFORMATION CONTACT: C. 

Brett Lockard, Director, Forecasting and 

Analysis Division, at 571–272–0928 or 

Christopher.Lockard@uspto.gov. 

SUPPLEMENTARY INFORMATION: On 

November 20, 2024, the USPTO 

published a final rule setting or 

adjusting patent fees as authorized by 

the AIA, as amended by the SUCCESS 

Act. See 89 FR 91898. Subsequent to the 

publication of that final rule, it was 

discovered that the preamble discussion 

and several amendatory instructions 

contained inadvertent errors requiring 

correction. For example, in the 

preamble, example 10, which provides 

guidance for ‘‘Adding timely benefit 

claims under 35 U.S.C. 120 after filing; 

multiple fees due,’’ contained an 

incorrect internal cross-reference to the 

subject application. The subject 

application in the example should be 

‘‘J’’ and not ‘‘I.’’ Also, in table 20, in the 

entry for § 1.17(m)(2), for a ‘‘Petition to 

excuse applicant’s failure to act within 

prescribed time limits in an 

international design application, delay 

less than or equal to two years,’’ the 

table reflected that the final rule fee 

applicable to a micro entity for this 

action was ‘‘$54,’’ which is incorrect. 

The correct fee should be ‘‘$452.’’ In 

addition, in the regulatory text at 

§ 42.15(e), the description of the fee did 

not reflect changes made by an 

intervening final rule published on 

October 10, 2024, entitled ‘‘Expanding 

Opportunities To Appear Before the 

Patent Trial and Appeal Board’’ (89 FR 

82172), which revised the terminology 

used to reference counsel recognized 

pro hac vice before the Patent Trial and 

Appeal Board. This correction updates 

the description of the fee in paragraph 

(e) to reflect the revision made by the 

October 10, 2024 final rule. No changes 

are being made to the fee amount that 

was published in the November 20, 

2024, final rule. This final rule corrects 

these errors, as well as other minor 

typographical errors in the amendatory 

instructions. These changes are 

administrative in nature and are 

intended to provide clarification to 

impacted entities to avoid any potential 

confusion. 

Rulemaking Considerations 

Administrative Procedure Act 

This final rule corrects typographical 

and format errors in a rulemaking 

setting and adjusting patent fees. The 

changes in this final rule involve rules 

of agency practice and procedure and/ 

or interpretive rules and do not require 

notice-and-comment rulemaking. See 

Perez v. Mortg. Bankers Ass’n, 135 S.Ct. 

1199, 1204 (2015) (explaining that 

interpretive rules ‘‘advise the public of 

the agency’s construction of the statutes 

and rules which it administers’’ and do 

not require notice-and-comment 

rulemaking when issued or amended); 

Cooper Techs. Co. v. Dudas, 536 F.3d 

1330, 1336–37 (Fed. Cir. 2008) (stating 

that 5 U.S.C. 553, and thus 35 U.S.C. 

2(b)(2)(B), do not require notice-and 

comment rulemaking for ‘‘interpretative 

rules, general statements of policy, or 

rules of agency organization, procedure, 

or practice’’); and JEM Broadcasting Co. 

v. F.C.C., 22 F.3d 320, 328 (D.C. Cir. 

1994) (explaining that rules are not 

legislative because they do not 

‘‘foreclose effective opportunity to make 

one’s case on the merits’’). 

Moreover, the Director of the USPTO, 

pursuant to authority at 5 U.S.C. 

553(b)(B) and (d)(1), finds good cause to 

adopt the changes in this final rule 

without prior notice and an opportunity 

for public comment or a 30-day delay in 

effectiveness, as such procedures would 

be unnecessary, impracticable, and 

contrary to the public interest. As 

discussed above, the changes in this 

rulemaking involve correcting minor 

typographical and other nonsubstantive 

errors in the final rule published on 

November 20, 2024, which itself 

underwent notice and comment and a 

delay in effective date. These changes 

are administrative in nature and are 

intended to provide clarification to 

impacted entities to avoid any potential 

confusion that could result if these 

errors are not corrected prior to the 

effective date of the November 20, 2024, 

final rule. Therefore, good cause exists 

to dispense with the requirement for 

prior notice and an opportunity for 

public comment and a 30-day delay in 

effectiveness. 

Correction 

In FR Doc. 2024–26821 appearing on 

page 91898 in the Federal Register of 

Wednesday, November 20, 2024, the 

following corrections are made: 

■ 1. On page 91913, in the first column, 

Example 10: Adding timely benefit 

claims under 35 U.S.C. 120 after filing; 

multiple fees due is corrected to read as 

follows: 

Example 10: Adding timely benefit 

claims under 35 U.S.C. 120 after filing; 

multiple fees due. Application J is a 

nonprovisional application filed on July 

5, 2029. The ADS present upon J’s filing 

contains a benefit claim under 35 U.S.C. 


khammond on DSK9W7S144PROD with RULES
Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 3037 

120 to nonprovisional application O 

filed on February 2, 2021, which is the 

only benefit claim in the application. J’s 

EBD is February 2, 2021, which is more 

than six but not more than nine years, 

earlier than J’s actual filing date of July 

5, 2029. In this example, the § 1.17(w)(1) 

fee of $2,700 is due upon J’s filing. The 

applicant pays the fee. Two months 

after J’s filing, the applicant files a 

second ADS containing the previously 

added benefit claim to O and a new 

benefit claim under 35 U.S.C. 120 to 

nonprovisional application N filed on 

March 2, 2020. This newly added 

benefit claim causes J’s EBD to become 

March 2, 2020, which is more than nine 

years earlier than J’s actual filing date of 

July 5, 2029, and thus prompts the fee 

in § 1.17(w)(2). Because the fee in 

§ 1.17(w)(1) was previously paid, the 

previous payment is subtracted from the 

amount now due under § 1.17(w)(2). 

Accordingly, the amount due upon 

filing of the second ADS is $1,300 (the 

current fee amount of $4,000 set forth in 

§ 1.17(w)(2) less the $2,700 previously 

paid under § 1.17(w)(1)). 

■ 2. On page 91971, in table 20, in the 

third entry for ‘‘1.17(m)(2)’’ (fee code 

3784), in the ‘‘Final rule fee’’ column, 

‘‘$54’’ is corrected to read ‘‘$452’’. 

§ 1.17 [Corrected] 

■ 3. On page 92004, in the second 

column: 

■ a. In amendatory instruction 3.f for 

§ 1.17, ‘‘table 21 and 22’’ is corrected to 

read ‘‘tables 21 and 22’’; 

■ b. In amendatory instruction 3.h. for 

§ 1.17, ‘‘Redesigning tables 19 through 

21’’ is corrected to read ‘‘Redesignating 

tables 19 through 21’’. 

■ 4. On page 92004, in the third column, 

in § 1.17, in paragraph (f), in the first 

line in note 1 to table 10 to paragraph 

(f), add ‘‘§ ’’ before ‘‘1.36(a)’’. 

■ 5. On page 92005, at the top of the 

second column, in § 1.17, in paragraph 

(h), in note 3 to table 14 to paragraph 

(h), add ‘‘§ ’’ before ‘‘1.84’’. 

§ 1.492 [Corrected] 

■ 6. On page 92010, in the second 

column, in amendatory instruction 15 

for § 1.492, the instruction ‘‘Section 

1.492 is amended by revising table 1 in 

paragraph (a), tables 2 through 5 in 

paragraphs (b)(2) through (4),’’ is 

corrected to read ‘‘Section 1.492 is 

amended by revising table 1 in 

paragraph (a), tables 3 through 5 in 

paragraphs (b)(2) through (4),’’. 

§ 42.15 [Corrected] 

■ 7. On page 92011, in the third column, 

in § 42.15, paragraph (e) is corrected to 

read as follows: 

* * * * * 

(e) Fee for counsel who are not 

registered practitioners, and who are not 

seeking automatic recognition pursuant 

to § 42.10(c)(2), to appear pro hac vice 

before the Patent Trial and Appeal 

Board: $269.00. 

* * * * * 

■ 8. On page 92011, in the third column, 

in § 42.15, in paragraph (f), ‘‘$452’’ is 

corrected to read ‘‘$452.00’’. 

Derrick L. Brent, 

Acting Under Secretary of Commerce for 

Intellectual Property and Acting Director of 

the United States Patent and Trademark 

Office. 

[FR Doc. 2025–00273 Filed 1–13–25; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

37 CFR Parts 2 and 7 

[Docket No. PTO–T–2022–0034] 

RIN 0651–AD65 

Setting and Adjusting Trademark Fees 

During Fiscal Year 2025 

AGENCY: United States Patent and 

Trademark Office, Department of 

Commerce. 

ACTION: Final rule; correction. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO) is correcting 

nonsubstantive errors in the preamble 

and regulatory text of a final rule that 

appeared in the Federal Register on 

November 18, 2024. That final rule set 

or adjusted trademark fees as authorized 

by the Leahy-Smith America Invents 

Act (AIA), as amended by the Study of 

Underrepresented Classes Chasing 

Engineering and Science Success Act of 

2018 (SUCCESS Act). This action is 

necessary to address potential confusion 

for impacted entities that could result if 

these errors are not corrected. These 

corrections do not result in any 

substantive changes to the final rule. 

DATES: The final rule correction is 

effective January 18, 2025. 

FOR FURTHER INFORMATION CONTACT: C. 

Brett Lockard, Director, Forecasting and 

Analysis Division, at 571–272–0928 or 

Christopher.Lockard@uspto.gov. 

SUPPLEMENTARY INFORMATION: On 

November 18, 2024, the USPTO 

published a final rule setting or 

adjusting trademark fees as authorized 

by the AIA, as amended by the 

SUCCESS Act. See 89 FR 91062. 

Subsequent to the publication of that 

final rule, it was discovered that the rule 

inadvertently omitted applicable crossreferences in 37 CFR 2.22(a)(6) and (9) 

and contained an incorrect crossreference in § 2.22(a)(8), which 

referenced a fee that did not apply. This 

correction amends these sections to 

provide the correct cross-references. 

Section 2.22 applies to all 

applications under section 1 and/or 44 

of the Trademark Act, which includes 

not only trademark and service mark 

applications, but also applications for 

collective, collective membership, and 

certification marks. However, the crossreferences in § 2.22(a)(6) and (9) referred 

only to §§ 2.34 and 2.33, respectively, 

which set out the requirements for 

trademark and service mark 

applications. Sections 2.22(a)(6) and (9) 

each should have included crossreferences to §§ 2.44 and 2.45, which set 

forth the corresponding applicable 

requirements for collective, collective 

membership, and certification marks. 

This omission was unintentional and 

adding the applicable cross-references is 

not a substantive change to the final 

rule. 

As noted in the preamble of the final 

rule, the USPTO is implementing a 

single electronic filing option for all 

section 1 and/or 44 applications, which 

includes collective and certification 

marks. Applicants choosing to comply 

with the base application requirements 

set forth in § 2.22 will pay the lowest 

fees under the final fee schedule. 

Applicants were always subject to the 

requirements for collective, collective 

membership, and certification marks at 

§§ 2.44 and 2.45, as applicable. The 

addition of these sections in § 2.22(a)(6) 

and (9) do not impose any new 

limitations but provide clarity to 

applicants that the requirements for 

collective, collective membership, and 

certification marks apply. This 

correction amends the preamble and 

§ 2.22(a)(6) and (9) to add the 

inadvertently omitted cross-references. 

In addition, § 2.22(a)(8) contained an 

incorrect cross-reference to 

§ 2.6(a)(1)(ii), which is the fee for filing 

an application under section 66(a) of the 

Trademark Act and therefore does not 

apply to applications filed under section 

1 and/or 44. This section should have 

cross-referenced only § 2.6(a)(1)(iii), 

which provides for the applicable fee. 

This correction amends the preamble 

and § 2.22(a)(9) to remove the crossreference to § 2.6(a)(1)(ii). 

Rulemaking Considerations 

Administrative Procedure Act 

This final rule corrects inadvertent 

errors in a rulemaking setting and 

adjusting trademark fees. The changes 

in this final rule involve rules of agency 


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