HR 1249 PCS
(3) PROCEEDINGS ON APPEAL.—Section 143 of 
title 35, United States Code, is amended— 
(A) by striking the third sentence and in-
serting the following: ‘‘In an ex parte case, the 
Director shall submit to the court in writing the 
grounds for the decision of the Patent and 
Trademark Office, addressing all of the issues 
raised in the appeal. The Director shall have 
the right to intervene in an appeal from a deci-
sion entered by the Patent Trial and Appeal 
Board in a derivation proceeding under section 
135 or in an inter partes or post-grant review 
under chapter 31 or 32.’’; and 
(B) by striking the last sentence. 
(d) CONFORMING AMENDMENTS.— 
(1) ATOMIC
ENERGY
ACT
OF 1954.—Section 
152 of the Atomic Energy Act of 1954 (42 U.S.C. 
2182) is amended in the third undesignated para-
graph— 
(A) by striking ‘‘Board of Patent Appeals 
and Interferences’’ each place it appears and 
inserting ‘‘Patent Trial and Appeal Board’’; 
and 
(B) by inserting ‘‘and derivation’’ after 
‘‘established for interference’’. 
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(2) TITLE 51.—Section 20135 of title 51, 
United States Code, is amended— 
(A) in subsections (e) and (f), by striking 
‘‘Board of Patent Appeals and Interferences’’ 
each place it appears and inserting ‘‘Patent 
Trial and Appeal Board’’; and 
(B) in subsection (e), by inserting ‘‘and 
derivation’’ after ‘‘established for interference’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect upon the expiration of the 
1-year period beginning on the date of the enactment of 
this Act and shall apply to proceedings commenced on or 
after that effective date, except that— 
(1) the extension of jurisdiction to the United 
States Court of Appeals for the Federal Circuit to 
entertain appeals of decisions of the Patent Trial 
and Appeal Board in reexaminations under the 
amendment made by subsection (c)(2) shall be 
deemed to take effect on the date of the enactment 
of this Act and shall extend to any decision of the 
Board of Patent Appeals and Interferences with re-
spect to a reexamination that is entered before, on, 
or after the date of the enactment of this Act; 
(2) the provisions of sections 6, 134, and 141 
of title 35, United States Code, as in effect on the 
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day before the effective date of the amendments 
made by this section shall continue to apply to inter 
partes reexaminations that are requested under sec-
tion 311 of such title before such effective date; 
(3) the Patent Trial and Appeal Board may be 
deemed to be the Board of Patent Appeals and 
Interferences for purposes of appeals of inter partes 
reexaminations that are requested under section 311 
of title 35, United States Code, before the effective 
date of the amendments made by this section; and 
(4) the Director’s right under the fourth sen-
tence of section 143 of title 35, United States Code, 
as amended by subsection (c)(3) of this section, to 
intervene in an appeal from a decision entered by 
the Patent Trial and Appeal Board shall be deemed 
to extend to inter partes reexaminations that are re-
quested under section 311 of such title before the ef-
fective date of the amendments made by this section. 
SEC. 8. PREISSUANCE SUBMISSIONS BY THIRD PARTIES. 
(a) IN GENERAL.—Section 122 of title 35, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(e) PREISSUANCE SUBMISSIONS
BY THIRD PAR-
TIES.— 
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‘‘(1) IN GENERAL.—Any third party may sub-
mit for consideration and inclusion in the record of 
a patent application, any patent, published patent 
application, or other printed publication of potential 
relevance to the examination of the application, if 
such submission is made in writing before the earlier 
of— 
‘‘(A) the date a notice of allowance under 
section 151 is given or mailed in the application 
for patent; or 
‘‘(B) the later of— 
‘‘(i) 6 months after the date on which 
the application for patent is first published 
under section 122 by the Office, or 
‘‘(ii) the date of the first rejection 
under section 132 of any claim by the ex-
aminer during the examination of the ap-
plication for patent. 
‘‘(2) OTHER REQUIREMENTS.—Any submission 
under paragraph (1) shall— 
‘‘(A) set forth a concise description of the 
asserted relevance of each submitted document; 
‘‘(B) be accompanied by such fee as the 
Director may prescribe; and 
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‘‘(C) include a statement by the person 
making such submission affirming that the sub-
mission was made in compliance with this sec-
tion.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect upon the expiration of the 
1-year period beginning on the date of the enactment of 
this Act and shall apply to any patent application filed 
before, on, or after that effective date. 
SEC. 9. VENUE. 
(a) 
TECHNICAL
AMENDMENTS
RELATING
TO 
VENUE.—Sections 32, 145, 146, 154(b)(4)(A), and 293 
of title 35, United States Code, and section 21(b)(4) of 
the Trademark Act of 1946 (15 U.S.C. 1071(b)(4)), are 
each amended by striking ‘‘United States District Court 
for the District of Columbia’’ each place that term appears 
and inserting ‘‘United States District Court for the East-
ern District of Virginia’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to any civil action commenced 
on or after that date. 
SEC. 10. FEE SETTING AUTHORITY. 
(a) FEE SETTING.— 
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(1) IN GENERAL.—The Director may set or ad-
just by rule any fee established, authorized, or 
charged under title 35, United States Code, or the 
Trademark Act of 1946 (15 U.S.C. 1051 et seq.), 
for any services 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, searching, exam-
ining, issuing, appealing, and maintaining patent applica-
tions and patents shall be reduced by 50 percent with re-
spect to the application of such fees to any small entity 
that qualifies for reduced fees under section 41(h)(1) of 
title 35, United States Code, and shall be reduced by 75 
percent with respect to the application of such fees to any 
micro entity as defined in section 123 of that title (as 
added by subsection (g) of this section). 
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(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, in which to de-
liberate, consider, and comment on such proposal; 
(B) require that, during that 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 that public hearing, including by offer-
ing the use of the resources of the Office to notify 
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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-
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 
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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— 
(A) before the end of the 45-day period be-
ginning on the day after the date on which the 
Director publishes the final rule adjusting or 
setting the fee under paragraph (3); or 
(B) if a law is enacted disapproving such 
fee. 
(5) RULE
OF
CONSTRUCTION.—Rules pre-
scribed under this section shall not diminish— 
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(A) the rights of an applicant for a patent 
under title 35, United States Code, or for a 
mark under the Trademark Act of 1946; or 
(B) any rights under a ratified treaty. 
(f) RETENTION OF AUTHORITY.—The Director re-
tains the authority under subsection (a) to set or adjust 
fees only during such period as the Patent and Trademark 
Office remains an agency within the Department of Com-
merce. 
(g) 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 
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in section 351(a) for which the basic national fee 
under section 41(a) was not paid; 
‘‘(3) did not, in the calendar year preceding the 
calendar year in which the applicable fee is being 
paid, have a gross income, as defined in section 
61(a) of the Internal Revenue Code of 1986, exceed-
ing 3 times the median household income for that 
preceding calendar year, as most recently 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 applicable fee is being paid, had 
a gross income, as defined in section 61(a) of the In-
ternal Revenue Code of 1986, exceeding 3 times the 
median household income for that preceding cal-
endar year, as most recently reported by the Bureau 
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 
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the application as the result of the applicant’s previous 
employment. 
‘‘(c) FOREIGN CURRENCY EXCHANGE RATE.—If an 
applicant’s or entity’s gross income in the preceding cal-
endar year is not in United States dollars, the average 
currency exchange rate, as reported by the Internal Rev-
enue Service, during that calendar year shall be used to 
determine whether the applicant’s or entity’s gross income 
exceeds the threshold specified in paragraphs (3) or (4) 
of subsection (a). 
‘‘(d) INSTITUTIONS OF HIGHER EDUCATION.—For 
purposes of this section, a micro entity shall include an 
applicant who certifies that— 
‘‘(1) the applicant’s employer, from which the 
applicant obtains the majority of the applicant’s in-
come, is an institution of higher education as de-
fined in section 101(a) of the Higher Education Act 
of 1965 (20 U.S.C. 1001(a)); or 
‘‘(2) the applicant has assigned, granted, con-
veyed, or is under an obligation by contract or law, 
to assign, grant, or convey, a license or other owner-
ship interest in the particular applications to such 
an institution of higher education. 
‘‘(e) DIRECTOR’S AUTHORITY.—In addition to the 
limits imposed by this section, the Director may, in the 
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Director’s discretion, impose income limits, annual filing 
limits, or other limits on who may qualify as a micro entity 
pursuant to this section if the Director determines that 
such additional limits are reasonably necessary to avoid 
an undue impact on other patent applicants or owners or 
are otherwise reasonably necessary and appropriate. At 
least 3 months before any limits proposed to be imposed 
pursuant to this subsection take effect, the Director shall 
inform the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of 
the Senate of any such proposed limits.’’. 
(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.’’. 
(h) ELECTRONIC FILING INCENTIVE.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of this section, an additional fee of $400 
shall be established for each application for an origi-
nal patent, except for a design, plant, or provisional 
application, that is not filed by electronic means as 
prescribed by the Director. The fee established by 
this subsection shall be reduced by 50 percent for 
small entities that qualify for reduced fees under 
section 41(h)(1) of title 35, United States Code. All 
fees paid under this subsection shall be deposited in 
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the Treasury as an offsetting receipt that shall not 
be available for obligation or expenditure. 
(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. 
(i) EFFECTIVE DATE; SUNSET.— 
(1) EFFECTIVE DATE.—Except as provided in 
subsection (h), this section and the amendments 
made by this section shall take effect on the date of 
the enactment of this Act. 
(2) SUNSET.—The authority of the Director to 
set or adjust any fee under subsection (a) shall ter-
minate upon the expiration of the 7-year period be-
ginning on the date of the enactment of this Act. 
(3) PRIOR REGULATIONS NOT AFFECTED.—The 
termination of authority under this subsection shall 
not affect any regulations issued under this section 
before the effective date of such termination or any 
rulemaking proceeding for the issuance of regula-
tions under this section that is pending on such 
date. 
SEC. 11. FEES FOR PATENT SERVICES. 
(a) GENERAL PATENT SERVICES.—Subsections (a) 
and (b) of section 41 of title 35, United States Code, are 
amended to read as follows: 
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‘‘(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. 
‘‘(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 
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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)— 
‘‘(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-
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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-
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 
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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 
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 Patent Trial and Appeal Board, 
$540. 
‘‘(B) In addition, on filing a brief in sup-
port of the appeal, $540, and on requesting an 
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oral hearing in the appeal before the Patent 
Trial and Appeal Board, $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 
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) Three years and 6 months after 
grant, $980. 
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‘‘(B) Seven years and 6 months after 
grant, $2,480. 
‘‘(C) Eleven years and 6 months after 
grant, $4,110. 
‘‘(2) GRACE PERIOD; SURCHARGE.—Unless pay-
ment of the applicable maintenance fee under para-
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’’; and 
(2) by striking ‘‘(2) A patent’’ and inserting: 
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‘‘(2) EFFECT ON RIGHTS OF OTHERS.—A pat-
ent’’. 
(c) PATENT SEARCH FEES.—Subsection (d) of sec-
tion 41 of title 35, United States Code, is amended to 
read as follows: 
‘‘(d) PATENT SEARCH AND OTHER FEES.— 
‘‘(1) PATENT SEARCH FEES.— 
‘‘(A) IN
GENERAL.—The Director shall 
charge the fees specified under subparagraph 
(B) for the search of each application for a pat-
ent, except for provisional applications. The Di-
rector shall adjust the fees charged under this 
paragraph to ensure that the fees recover an 
amount not to exceed the estimated average 
cost to the Office of searching applications for 
patent by Office personnel. 
‘‘(B) SPECIFIC FEES.—The fees referred 
to in subparagraph (A) are— 
‘‘(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. 
‘‘(2) OTHER FEES.— 
‘‘(A) IN GENERAL.—The Director shall es-
tablish fees for all other processing, services, or 
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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), 
and (d)(1) shall be reduced by 50 percent with re-
spect to their application to any small business con-
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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’’; 
(2) in subsection (f), by striking ‘‘The fees’’ 
and inserting ‘‘ADJUSTMENT OF FEES.—The fees’’; 
(3) by repealing subsection (g); and 
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(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— 
(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 
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shall not be relevant to enforceability of the patent 
under section 282. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) 
PRIOR
ALLEGATIONS.—Paragraph 
(1) shall not apply to an allegation pled with 
particularity in a civil action, or set forth with 
particularity in a notice received by the patent 
owner under section 505(j)(2)(B)(iv)(II) of the 
Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 355(j)(2)(B)(iv)(II)), before the date of 
a supplemental examination request under sub-
section (a) to consider, reconsider, or correct in-
formation forming the basis for the allegation. 
‘‘(B) PATENT ENFORCEMENT ACTIONS.— 
In an action brought under section 337(a) of 
the Tariff Act of 1930 (19 U.S.C. 1337(a)), or 
section 281 of this title, paragraph (1) shall not 
apply to any defense raised in the action that 
is based upon information that was considered, 
reconsidered, or corrected pursuant to a supple-
mental examination request under subsection 
(a), unless the supplemental examination, and 
any reexamination ordered pursuant to the re-
quest, are concluded before the date on which 
the action is brought. 
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