I 
111TH CONGRESS 
2D SESSION 
H. R. 5322 
To provide authority to the Director of the United States Patent and Trade-
mark Office to set or adjust patent and trademark fees, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2010 
Mr. CONYERS (for himself and Mr. SMITH of Texas) introduced the following 
bill; which was referred to the Committee on the Judiciary 
A BILL 
To provide authority to the Director of the United States 
Patent and Trademark Office to set or adjust patent 
and trademark fees, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Patent and Trademark 
Office Funding Stabilization Act of 2010’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) DIRECTOR.—The term ‘‘Director’’ means 
the Under Secretary of Commerce for Intellectual 
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Property and Director of the United States Patent 
and Trademark Office. 
(2) FUND.—The term ‘‘Fund’’ means the 
United States Patent and Trademark Office Public 
Enterprise Fund established under section 4(b). 
(3) OFFICE.—The term ‘‘Office’’ means the 
United States Patent and Trademark Office. 
(4) PATENT PUBLIC ADVISORY COMMITTEE.— 
The term ‘‘Patent Public Advisory Committee’’ 
means the Patent Public Advisory Committee estab-
lished under section 5(a)(1) of title 35, United 
States Code. 
(5) TRADEMARK
ACT
OF
1946.—The term 
‘‘Trademark Act of 1946’’ means the Act entitled 
‘‘Act to provide for the registration and protection 
of trademarks used in commerce, to carry out the 
provisions of certain international conventions, and 
for other purposes’’, approved July 5, 1946 (15 
U.S.C. 1051 et seq.) (commonly referred to as the 
‘‘Trademark Act of 1946’’ or the ‘‘Lanham Act’’). 
(6) 
TRADEMARK
PUBLIC
ADVISORY
COM-
MITTEE.—The term ‘‘Trademark Public Advisory 
Committee’’ means the Trademark Public Advisory 
Committee established under section 5(a)(1) of title 
35, United States Code. 
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SEC. 3. FEE SETTING AUTHORITY. 
(a) IN GENERAL.— 
(1) AUTHORITY.—The Director may set or ad-
just by rule any fee established or charged by the 
Office under section 41 or 376 of title 35, United 
States Code, or under section 31 of the Trademark 
Act of 1946 (15 U.S.C. 1113), or any other fee es-
tablished or charged by the Office under any other 
provision of law, for the filing or processing of any 
submission to the Office, or for any other service 
performed by or materials furnished by the Office, 
subject to paragraph (2). 
(2) FEES TO RECOVER COSTS.—Fees may be 
set or adjusted under paragraph (1) only to recover 
the aggregate estimated costs to the Office for proc-
essing, activities, services, and materials relating to 
patents (in the case of patent fees) and trademarks 
(in the case of trademark fees), including adminis-
trative costs of the Office with respect to such pat-
ent or trademark fees (as the case may be). 
(b) SMALL AND MICRO ENTITIES.—The fees set or 
adjusted under subsection (a) for filing, processing, 
issuing, and maintaining patent applications and patents 
shall be reduced by 50 percent with respect to the applica-
tion of such fees to any small entity that qualifies for re-
duced fees under section 41(h)(1) of title 35, United 
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States Code, and shall be reduced by 75 percent with re-
spect to the application of such fees to any micro entity 
as defined in section 123 of that title (as added by sub-
section (f) of this section). 
(c) REDUCTION
OF
FEES
IN
CERTAIN
FISCAL 
YEARS.—In each fiscal year, the Director— 
(1) shall consult with the Patent Public Advi-
sory Committee and the Trademark Public Advisory 
Committee on the advisability of reducing any fees 
described in subsection (a); and 
(2) after the consultation required under para-
graph (1), may reduce such fees. 
(d) ROLE OF THE PUBLIC ADVISORY COMMITTEE.— 
The Director shall— 
(1) not less than 45 days before publishing any 
proposed fee under subsection (a) in the Federal 
Register, submit the proposed fee to the Patent Pub-
lic Advisory Committee or the Trademark Public 
Advisory Committee, or both, as appropriate; 
(2)(A) provide the relevant advisory committee 
described in paragraph (1) a 30-day period following 
the submission of any proposed fee, on which to de-
liberate, consider, and comment on such proposal; 
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(B) require that, during such 30-day period, the 
relevant advisory committee hold a public hearing 
relating to such proposal; and 
(C) assist the relevant advisory committee in 
carrying out such public hearing, including by offer-
ing the use of the resources of the Office to notify 
and promote the hearing to the public and interested 
stakeholders; 
(3) require the relevant advisory committee to 
make available to the public a written report setting 
forth in detail the comments, advice, and rec-
ommendations of the committee regarding the pro-
posed fee; and 
(4) consider and analyze any comments, advice, 
or recommendations received from the relevant advi-
sory committee before setting or adjusting (as the 
case may be) the fee. 
(e) PUBLICATION IN THE FEDERAL REGISTER.— 
(1) PUBLICATION
AND
RATIONALE.—The Di-
rector shall— 
(A) publish any proposed fee change under 
this section in the Federal Register; 
(B) include, in such publication, the spe-
cific rationale and purpose for the proposal, in-
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cluding the possible expectations or benefits re-
sulting from the proposed change; and 
(C) notify, through the Chair and Ranking 
Member of the Committees on the Judiciary of 
the Senate and the House of Representatives, 
the Congress of the proposed change not later 
than the date on which the proposed change is 
published under subparagraph (A). 
(2) PUBLIC COMMENT PERIOD.—The Director 
shall, in the publication under paragraph (1), pro-
vide the public a period of not less than 45 days in 
which to submit comments on the proposed change 
in fees. 
(3) PUBLICATION OF FINAL RULE.—The final 
rule setting or adjusting a fee under this section 
shall be published in the Federal Register and in the 
Official Gazette of the Patent and Trademark Of-
fice. 
(4) CONGRESSIONAL COMMENT PERIOD.—A fee 
set or adjusted under subsection (a) may not become 
effective before the end of the 45-day period begin-
ning on the day after the date on which the Director 
publishes the final rule adjusting or setting the fee 
under paragraph (3). 
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(5) RULE
OF
CONSTRUCTION.—Rules pre-
scribed under this section shall not diminish— 
(A) the rights of an applicant for a patent 
under title 35, United States Code, or for a 
trademark under the Trademark Act of 1946; 
or 
(B) any rights under a ratified treaty. 
(f) MICRO ENTITY DEFINED.— 
(1) IN
GENERAL.—Chapter 11 of title 35, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 123. Micro entity defined. 
‘‘(a) IN GENERAL.—For purposes of this title, the 
term ‘micro entity’ means an applicant who makes a cer-
tification that the applicant— 
‘‘(1) qualifies as a small entity, as defined in 
regulations issued by the Director; 
‘‘(2) has not been named as an inventor on 
more than 4 previously filed patent applications, 
other than applications filed in another country, pro-
visional applications under section 111(b), or inter-
national applications filed under the treaty defined 
in section 351(a) for which the basic national fee 
under section 41(a) was not paid; 
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‘‘(3) did not, in the calendar year preceding the 
calendar year in which the examination fee for the 
application is being paid, have a gross income, as de-
fined in section 61(a) of the Internal Revenue Code 
of 1986, exceeding 3 times the median household in-
come for that preceding calendar year, as reported 
by the Bureau of the Census; and 
‘‘(4) has not assigned, granted, or conveyed, 
and is not under an obligation by contract or law to 
assign, grant, or convey, a license or other ownership 
interest in the application concerned to an entity 
that, in the calendar year preceding the calendar 
year in which the examination fee for the application 
is being paid, had a gross income, as defined in sec-
tion 61(a) of the Internal Revenue Code of 1986, ex-
ceeding 3 times the median household income for 
that preceding calendar year, as reported by the Bu-
reau of the Census. 
‘‘(b) APPLICATIONS RESULTING FROM PRIOR EM-
PLOYMENT.—An applicant is not considered to be named 
on a previously filed application for purposes of subsection 
(a)(2) if the applicant has assigned, or is under an obliga-
tion by contract or law to assign, all ownership rights in 
the application as the result of the applicant’s previous 
employment. 
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‘‘(c) FOREIGN CURRENCY EXCHANGE RATE.—If the 
gross income of an applicant or entity for a calendar year, 
for purposes of paragraph (3) or (4) of subsection (a), 
is reported in a currency other than United States dollars, 
the average exchange rate for that currency, as reported 
by the Internal Revenue Service, during that calendar year 
shall be used to determine whether the gross income ex-
ceeds the threshold specified in paragraph (3) or (4) of 
subsection (a).’’. 
(2) CONFORMING AMENDMENT.—Chapter 11 of 
title 35, United States Code, is amended by adding 
at the end the following new item: 
‘‘123. Micro entity defined.’’. 
(g) EFFECTIVE DATE; SUNSET.— 
(1) EFFECTIVE DATE.—This section and the 
amendments made by this section shall take effect 
on the date of the enactment of this Act. 
(2) SUNSET.— 
(A) IN GENERAL.—The authority to estab-
lish and adjust fees under subsection (a) shall 
terminate upon the expiration of the 10-year 
period beginning on the date of the enactment 
of this Act. 
(B) CLARIFICATION.—The termination of 
authority under subparagraph (A) does not 
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apply to the requirement and authority under 
subsection (c). 
SEC. 4. PATENT AND TRADEMARK OFFICE FUNDING. 
(a) FUNDING.— 
(1) IN
GENERAL.—Section 42 of title 35, 
United States Code, is amended— 
(A) in subsection (b), by striking ‘‘Patent 
and Trademark Office Appropriation Account’’ 
and inserting ‘‘United States Patent and 
Trademark Office Public Enterprise Fund’’; 
and 
(B) in subsection (c), in the first sen-
tence— 
(i) by striking ‘‘To the extent’’ and all 
that follows through ‘‘fees’’ and inserting 
‘‘Fees’’; and 
(ii) by striking ‘‘shall be collected by 
and shall be available to the Director’’ and 
inserting ‘‘shall be collected by the Direc-
tor and shall be available until expended’’. 
(2) EFFECTIVE DATE.— 
(A) IN GENERAL.—The amendments made 
by paragraph (1) shall take effect on October 1, 
2011. 
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(B) TERMINATION OF APPROPRIATION.— 
The provisions of any appropriation Act that— 
(i) are enacted before the effective 
date set forth in subparagraph (A), 
(ii) make amounts available pursuant 
to section 42(c) of title 35, United States 
Code, and 
(iii) are in effect on the effective date 
set forth in subparagraph (A), 
shall cease to be effective on that effective date, 
and any unexpended amounts made available 
pursuant to such section shall be transferred in 
accordance with subsection (b)(5). 
(b) USPTO REVOLVING FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a revolving fund 
to be known as the ‘‘United States Patent and 
Trademark Office Public Enterprise Fund’’. Any 
amounts in the Fund shall be available for use by 
the Director without fiscal year limitation. 
(2) DERIVATION OF RESOURCES.—There shall 
be deposited into the Fund the following: 
(A) Any fees collected under sections 41, 
42, and 376 of title 35, United States Code. If 
such fees are collected by, and payable to, the 
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Director, the Director shall transfer such 
amounts to the Fund. 
(B) Any fees collected under section 31 of 
the Trademark Act of 1946 (15 U.S.C. 1113). 
(3) EXPENSES.—Amounts deposited into the 
Fund under paragraph (2) shall be available, with-
out fiscal year limitation, to cover— 
(A) all expenses, to the extent consistent 
with the limitation on the use of fees set forth 
in section 42(c) of title 35, United States Code 
(including all administrative and operating ex-
penses), that are determined in the discretion of 
the Director to be ordinary and reasonable and 
are incurred by the Director for the continued 
operation of all services, programs, activities, 
and duties of the Office, as such services, pro-
grams, activities, and duties are described 
under— 
(i) title 35, United States Code; and 
(ii) the Trademark Act of 1946; and 
(B) all expenses incurred pursuant to any 
obligation, representation, or other commitment 
of the Office. 
(4) CUSTODIANS OF MONEY.—Notwithstanding 
section 3302 of title 31, United States Code, any 
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funds received by the Director and transferred to 
Fund, or any amounts directly deposited into the 
Fund, may be used— 
(A) to cover the expenses described in 
paragraph (3); and 
(B) to purchase obligations of the United 
States, or any obligations guaranteed by the 
United States. 
(5) 
UNEXPENDED
BALANCES.—Any 
unex-
pended balances in any accounts held on behalf of 
the Director, or the Office, including in the Patent 
and Trademark Office Appropriation Account in the 
Treasury of the United States, shall be transferred 
to the Fund and shall remain available until ex-
pended. 
(c) ANNUAL REPORT.—Not later than 60 days after 
the end of each fiscal year, the Director shall submit a 
report to Congress that— 
(1) summarizes the operations of the Office for 
the preceding fiscal year, including financial details 
and staff levels broken down by each major activity 
of the Office; 
(2) details the operating plan of the Office, in-
cluding specific expense and staff needs for the up-
coming fiscal year; 
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(3) describes the long-term modernization plans 
of the Office; 
(4) sets forth details of any progress towards 
such modernization plans made in the previous fiscal 
year; and 
(5) includes the results of the most recent audit 
carried out under subsection (e). 
(d) ANNUAL SPENDING PLAN.— 
(1) IN GENERAL.—Not later than 30 days after 
the beginning of each fiscal year, the Director shall 
notify the Committees on Appropriations of both 
Houses of Congress of the plan for the obligation 
and expenditure of the total amount of the funds for 
that fiscal year in a manner consistent with section 
605 of the Science, State, Justice, Commerce, and 
Related Agencies Appropriations Act, 2006 (Public 
Law 109–108; 119 Stat. 2334). 
(2) CONTENTS.—Each plan under paragraph 
(1) shall— 
(A) summarize the operations of the Office 
for the current fiscal year, including financial 
details and staff levels with respect to major ac-
tivities; and 
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(B) detail the operating plan of the Office, 
including specific expense and staff needs, for 
the current fiscal year. 
(e) AUDIT.—The Director shall, on an annual basis, 
provide for an independent audit of the financial state-
ments of the Office. Such audit shall be conducted in ac-
cordance with generally acceptable accounting procedures. 
(f) BUDGET.—In accordance with section 9301 of 
title 31, United States Code, the Fund shall prepare and 
submit each year to the President a business-type budget 
in such manner, and before such date, as the President 
prescribes by regulation for the budget program. 
(g) EFFECTIVE DATE.—Subsections (b) through (f) 
and this subsection shall take effect on October 1, 2011. 
SEC. 5. FEES FOR PATENT SERVICES. 
(a) GENERAL PATENT SERVICES.—Subsections (a) 
and (b) of section 41 of title 35, United States Code, is 
amended to read as follows: 
‘‘(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 pro-
visional applications, $330. 
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‘‘(B) On filing each application for an 
original design patent, $220. 
‘‘(C) On filing each application for an 
original plant patent, $220. 
‘‘(D) On filing each provisional application 
for an original patent, $220. 
‘‘(E) On filing each application for the re-
issue of a patent, $330. 
‘‘(F) The basic national fee for each inter-
national application filed under the treaty de-
fined in section 351(a) entering the national 
stage under section 371, $330. 
‘‘(G) In addition, excluding any sequence 
listing or computer program listing filed in an 
electronic medium as prescribed by the Direc-
tor, 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), $270 for each 
additional 50 sheets of paper (or equivalent as 
prescribed by the Director if filed in an elec-
tronic medium) or fraction thereof. 
‘‘(2) EXCESS CLAIMS FEES.— 
‘‘(A) IN GENERAL.—In addition to the fee 
specified in paragraph (1)— 
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‘‘(i) on filing or on presentation at 
any other time, $220 for each claim in 
independent form in excess of 3; 
‘‘(ii) on filing or on presentation at 
any other time, $52 for each claim (wheth-
er dependent or independent) in excess of 
20; and 
‘‘(iii) for each application containing a 
multiple dependent claim, $390. 
‘‘(B) MULTIPLE
DEPENDENT
CLAIMS.— 
For the purpose of computing fees under sub-
paragraph (A), a multiple dependent claim re-
ferred to in section 112 or any claim depending 
therefrom shall be considered as separate de-
pendent claims in accordance with the number 
of claims to which reference is made. 
‘‘(C) REFUNDS; ERRORS
IN
PAYMENT.— 
The Director may by regulation provide for a 
refund of any part of the fee specified in sub-
paragraph (A) for any claim that is canceled 
before an examination on the merits, as pre-
scribed by the Director, has been made of the 
application under section 131. Errors in pay-
ment of the additional fees under this para-
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graph may be rectified in accordance with regu-
lations prescribed by the Director. 
‘‘(3) EXAMINATION FEES.— 
‘‘(A) IN GENERAL.— 
‘‘(i) For examination of each applica-
tion for an original patent, except for de-
sign, plant, provisional, or international 
applications, $220. 
‘‘(ii) For examination of each applica-
tion for an original design patent, $140. 
‘‘(iii) For examination of each applica-
tion for an original plant patent, $170. 
‘‘(iv) For examination of the national 
stage of each international application, 
$220. 
‘‘(v) For examination of each applica-
tion for the reissue of a patent, $650. 
‘‘(B) APPLICABILITY OF OTHER FEE PRO-
VISIONS.—The provisions of paragraphs (3) and 
(4) of section 111(a) relating to the payment of 
the fee for filing the application shall apply to 
the payment of the fee specified in subpara-
graph (A) with respect to an application filed 
under section 111(a). The provisions of section 
371(d) relating to the payment of the national 
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fee shall apply to the payment of the fee speci-
fied in subparagraph (A) with respect to an 
international application. 
‘‘(4) ISSUE FEES.— 
‘‘(A) For issuing each original patent, ex-
cept for design or plant patents, $1,510. 
‘‘(B) For issuing each original design pat-
ent, $860. 
‘‘(C) For issuing each original plant pat-
ent, $1,190. 
‘‘(D) For issuing each reissue patent, 
$1,510. 
‘‘(5) DISCLAIMER
FEE.—On filing each dis-
claimer, $140. 
‘‘(6) APPEAL FEES.— 
‘‘(A) On filing an appeal from the exam-
iner to the Board of Patent Appeals and Inter-
ferences, $540. 
‘‘(B) In addition, on filing a brief in sup-
port of the appeal, $540, and on requesting an 
oral hearing in the appeal before the Board of 
Patent Appeals and Interferences, $1,080. 
‘‘(7) REVIVAL FEES.—On filing each petition 
for the revival of an unintentionally abandoned ap-
plication for a patent, for the unintentionally delayed 
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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. 
‘‘(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, $130; 
‘‘(B) on filing a second petition, $360; and 
‘‘(C) on filing a third or subsequent peti-
tion, $620. 
‘‘(b) MAINTENANCE FEES.— 
‘‘(1) IN GENERAL.—The Director shall charge 
the following fees for maintaining in force all pat-
ents based on applications filed on or after Decem-
ber 12, 1980: 
‘‘(A) 3 years and 6 months after grant, 
$980. 
‘‘(B) 7 years and 6 months after grant, 
$2,480. 
‘‘(C) 11 years and 6 months after grant, 
$4,110. 
‘‘(2) GRACE PERIOD; SURCHARGE.—Unless pay-
ment of the applicable maintenance fee under para-
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graph (1) is received in the Office on or before the 
date the fee is due or within a grace period of 6 
months thereafter, the patent shall expire as of the 
end of such grace period. The Director may require 
the payment of a surcharge as a condition of accept-
ing within such 6-month grace period the payment 
of an applicable maintenance fee. 
‘‘(3) NO MAINTENANCE FEE FOR DESIGN OR 
PLANT
PATENT.—No fee may be established for 
maintaining a design or plant patent in force.’’. 
(b) DELAYS IN PAYMENT.—Subsection (c) of section 
41 of title 35, United States Code, is amended— 
(1) by striking ‘‘(c)(1) The Director’’ and in-
serting: 
‘‘(c) DELAYS
IN
PAYMENT
OF
MAINTENANCE 
FEES.— 
‘‘(1) ACCEPTANCE.—The Director’’. 
(2) by striking ‘‘(2) A patent’’ and inserting 
‘‘(2) EFFECT ON RIGHTS OF OTHERS.—A patent’’; 
and 
(3) by moving the remaining text of paragraphs 
(1) and (2) 2 ems to the right. 
(c) PATENT SEARCH FEES.—Subsection (d) of sec-
tion 41 of title 35, United States Code, is amended to 
read as follows: 
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‘‘(d) PATENT SEARCH AND OTHER FEES.— 
‘‘(1) PATENT SEARCH FEES.— 
‘‘(A) IN
GENERAL.—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 Of-
fice of searching applications for patent either 
by acquiring a search report from a qualified 
search authority, or by causing a search by Of-
fice personnel to be made, of each application 
for patent. 
‘‘(B) SPECIFIC FEES.—For purposes of de-
termining 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) $540 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) $330 for each application for an 
original plant patent; 
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‘‘(iv) $540 for the national stage of 
each international application; and 
‘‘(v) $540 for each application for the 
reissue of a patent. 
‘‘(C) APPLICABILITY
OF
OTHER
PROVI-
SIONS.—The provisions of paragraphs (3) and 
(4) of section 111(a) relating to the payment of 
the fee for filing the application shall apply to 
the payment of the fee specified in this para-
graph with respect to an application filed under 
section 111(a). The provisions of section 371(d) 
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 ap-
plication. 
‘‘(D) REFUNDS.—The Director may by 
regulation provide for a refund of any part of 
the fee specified in this paragraph for any ap-
plicant who files a written declaration of ex-
press abandonment as prescribed by the Direc-
tor before an examination has been made of the 
application under section 131, and for any ap-
plicant who provides a search report that meets 
the conditions prescribed by the Director. 
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‘‘(E) REQUIREMENTS
FOR
SEARCHES.— 
The Director shall require that any search by a 
qualified search authority that is a commercial 
entity is conducted in the United States by per-
sons that— 
‘‘(i) if individuals are United States 
citizens; and 
‘‘(ii) if business concerns, are orga-
nized under the laws of the United States 
or any State and employ United States 
citizens to perform the searches. 
‘‘(F) APPLICATIONS SUBJECT TO SECRECY 
ORDER.—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. 
‘‘(G) CONFLICTS OF INTEREST.—A quali-
fied search authority that is a commercial enti-
ty may not conduct a search of a patent appli-
cation if the entity has any direct or indirect fi-
nancial interest in any patent or in any pending 
or imminent application for patent filed or to be 
filed in the Office. 
‘‘(2) OTHER FEES.— 
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PWALKER on DSK8KYBLC1PROD with BILLS
‘‘(A) IN GENERAL.—The Director shall es-
tablish 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 serv-
ices: 
‘‘(i) For recording a document affect-
ing title, $40 per property. 
‘‘(ii) For each photocopy, $.25 per 
page. 
‘‘(iii) For each black and white copy 
of a patent, $3. 
‘‘(B) COPIES FOR LIBRARIES.—The yearly 
fee for providing a library specified in section 
12 with uncertified printed copies of the speci-
fications and drawings for all patents in that 
year shall be $50.’’. 
(d) FEES FOR SMALL ENTITIES.—Subsection (h) of 
section 41 of title 35, United States Code, is amended to 
read as follows: 
‘‘(h) FEES FOR SMALL ENTITIES.— 
‘‘(1) REDUCTIONS IN FEES.—Subject to para-
graph (3), fees charged under subsections (a), (b), 
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and (d)(1) shall be reduced by 50 percent with re-
spect to their application to any small business con-
cern as defined under section 3 of the Small Busi-
ness Act, and to any independent inventor or non-
profit organization as defined in regulations issued 
by the Director. 
‘‘(2) SURCHARGES AND OTHER FEES.—With re-
spect 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. 
‘‘(3) REDUCTION FOR ELECTRONIC FILING.— 
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.’’. 
(e) TECHNICAL AMENDMENTS.—Section 41 of title 
35, United States Code, is amended— 
(1) in subsection (e), in the first sentence, by 
striking ‘‘The Director’’ and inserting ‘‘WAIVER OF 
FEES; COPIES REGARDING NOTICE.—The Direc-
tor’’; 
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PWALKER on DSK8KYBLC1PROD with BILLS
(2) in subsection (f), by striking ‘‘The fees’’ 
and inserting ‘‘ADJUSTMENT OF FEES.—The fees’’; 
(3) by repealing subsection (g); and 
(4) in subsection (i)— 
(A) by striking ‘‘(i)(1) The Director’’ and 
inserting the following: 
‘‘(i) 
ELECTRONIC
PATENT
AND
TRADEMARK 
DATA.— 
‘‘(1) MAINTENANCE
OF
COLLECTIONS.—The 
Director’’; 
(B) by striking ‘‘(2) The Director’’ and in-
serting the following: 
‘‘(2) AVAILABILITY
OF
AUTOMATED
SEARCH 
SYSTEMS.—The Director’’; 
(C) by striking ‘‘(3) The Director’’ and in-
serting the following: 
‘‘(3) ACCESS FEES.—The Director’’; and 
(D) by striking ‘‘(4) The Director’’ and in-
serting the following: 
‘‘(4) ANNUAL REPORT TO CONGRESS.—The Di-
rector’’. 
(f) ADJUSTMENT
OF TRADEMARK FEES.—Section 
802(a) of division B of the Consolidated Appropriations 
Act, 2005 (Public Law 108–447)) is amended— 
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(1) in the first sentence, by striking ‘‘During 
fiscal years 2005, 2006 and 2007’’, and inserting 
‘‘Until such time as the Director sets or adjusts the 
fees otherwise,’’; and 
(2) in the second sentence, by striking ‘‘During 
fiscal years 2005, 2006, and 2007, the’’ and insert-
ing ‘‘The’’. 
(g) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
SEC. 6. TEMPORARY SURCHARGE. 
(a) SURCHARGE.—There shall be a surcharge of 15 
percent, rounded by standard arithmetic rules, on fees 
charged or authorized by sections 41(a), (b), (d)(1), and 
132(b) of title 35, United States Code, subject to the fol-
lowing: 
(1) The surcharge shall be separate from, and 
in addition to, any other surcharge that may be re-
quired pursuant to any provision of title 35, United 
States Code, or other provision of law. 
(2) The surcharge under this subsection shall 
take effect on the 10th day after the date of the en-
actment of this Act, and shall remain in effect 
through September 30, 2011. 
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(3) The receipts collected as a result of the sur-
charge under this subsection shall be available to the 
Office without fiscal year limitation, for all author-
ized activities and operations of the Office. 
(b) ELECTRONIC FILING INCENTIVE.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of this section, the fee charged for each ap-
plication for an original patent, except for a design, 
plant, or provisional application, shall be increased 
by $400 for an application that is not filed by elec-
tronic means as prescribed by the Director. The fee 
established by this subsection shall be reduced 50 
percent for small entities that quality for reduced 
fees under section 41(h)(1) of title 35, United States 
Code. 
(2) EFFECTIVE
DATE.—This subsection shall 
take effect upon the expiration of the 60-day period 
beginning on the date of the enactment of this Act. 
Æ 
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