(d) ADJUSTMENTS.—Section 41(f) of title 35, United 
States Code, shall apply to the fees established under the 
amendments made by this section, beginning in fiscal year 
2005. 
(e) CONFORMING AMENDMENTS.—
(1) Section 41 of title 35, United States Code, 
is amended—
(A) in subsection (c), by striking ‘‘(c)(1)’’ 
and inserting ‘‘(c) LATE PAYMENT OF FEES.—
(1)’’; 
(B) in subsection (e), by striking ‘‘(e)’’ and 
inserting ‘‘(e) WAIVERS OF CERTAIN FEES.—’’; 
(C) in subsection (f), by striking ‘‘(f)’’ and 
inserting ‘‘(f) ADJUSTMENTS IN FEES.—’’; 
(D) in subsection (g), by striking ‘‘(g)’’ 
and inserting ‘‘(g) EFFECTIVE
DATES
OF 
FEES.—’’; 
(E) in subsection (h), by striking ‘‘(h)(1)’’ 
and inserting ‘‘(h) REDUCTIONS IN FEES FOR 
CERTAIN ENTITIES.—(1)’’; and 
(F) in subsection (i), by striking ‘‘(i)(1)’’ 
and inserting ‘‘(i) SEARCH SYSTEMS.—(1)’’. 
(2) Section 119(e)(2) of title 35, United States 
Code, is amended by striking ‘‘subparagraph (A) or 
(C) of’’.
SEC. 3. ADJUSTMENT OF TRADEMARK FEES. 
(a) FEE FOR FILING APPLICATION.—The fee under 
section 31(a) of the Trademark Act of 1946 (15 U.S.C. 
1113(a)) for filing an electronic application for the reg-
istration of a trademark shall be $325. If the trademark 
application is filed on paper, the fee shall be $375. The 
Director may reduce the fee for filing an electronic appli-
cation for the registration of a trademark to $275 for any 
applicant who prosecutes the application through elec-
tronic means under such conditions as may be prescribed 
by the Director. Beginning in fiscal year 2005, the provi-
sions of the second and third sentences of section 31(a) 
of the Trademark Act of 1946 shall apply to the fees es-
tablished under this section. 
(b) REFERENCE TO TRADEMARK ACT OF 1946.—For 
purposes of this section, the ‘‘Trademark Act of 1946’’ 
refers to the Act entitled ‘‘An Act to provide for the reg-
istration and protection of trademarks used in commerce, 
to carry out the provisions of certain international conven-
tions, and for other purposes.’’, approved July 5, 1946 (15 
U.S.C. 1051 et seq.). 
SEC. 4. CORRECTION OF ERRONEOUS NAMING OF OFFICER. 
(a) CORRECTION.—Section 13203(a) of Public Law 
107–273 (116 Stat. 1902) is amended—
(1) in the subsection heading, by striking 
‘‘COMMISSIONER’’ and inserting ‘‘DIRECTOR’’; and
(2) in paragraphs (1) and (2), by striking 
‘‘Commissioner’’ each place it appears and inserting 
‘‘Director’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall be effective as of the date of the enact-
ment of Public Law 107–273. 
SEC. 5. EFFECTIVE DATE, APPLICABILITY, AND TRANSI-
TIONAL PROVISION. 
(a) EFFECTIVE DATE.—Except as provided in sec-
tion 4 and this section, this Act and the amendments 
made by this Act shall take effect on October 1, 2003, 
or the date of the enactment of this Act, whichever is later. 
(b) APPLICABILITY.—
(1)(A) Except as provided in subparagraphs 
(B) and (C), the amendments made by section 2 
shall apply to all patents, whenever granted, and to 
all patent applications pending on or filed after the 
effective date set forth in subsection (a) of this sec-
tion. 
(B)(i) Except as provided in clause (ii), sections 
41(a)(1), 41(a)(3), and 41(d)(1) of title 35, United 
States Code, as amended by this Act, shall apply 
only to—
(I) applications for patents filed under sec-
tion 111(a) of title 35, United States Code, on
or after the effective date set forth in sub-
section (a) of this section, and 
(II) international applications entering the 
national stage after compliance with section 
371 of title 35, United States Code, on or after 
the effective date set forth in subsection (a) of 
this section. 
(ii) Section 41(a)(1)(D) of title 35, United 
States Code as amended by this Act, shall apply only 
to applications for patent filed under section 111(b) 
of title 35, United States Code, before, on, or after 
the effective date set forth in subsection (a) of this 
section in which the filing fee specified in section 41 
of title 35, United States Code, was not paid before 
the effective date set forth in subsection (a) of this 
section. 
(C) Section 41(a)(2) of title 35, United States 
Code, as amended by this Act, shall apply only to 
the extent that the number of excess claims, after 
giving effect to any cancellation of claims, is in ex-
cess of the number of claims for which the excess 
claims fee specified in section 41 of title 35, United 
States Code, was paid before the effective date set 
forth in subsection (a) of this section.
(2) The amendments made by section 3 shall apply 
to all applications for the registration of a trademark filed 
or amended on or after the effective date set forth in sub-
section (a) of this section. 
(c) TRANSITIONAL PROVISIONS.—
(1) SEARCH FEES.—During the period begin-
ning on the effective date set forth in subsection (a) 
of this section and ending on the date on which the 
Director establishes search fees under the authority 
provided in section 41(d)(1) of title 35, United 
States Code, the Director shall charge—
(A) for the search of each application for 
an original patent, except for design, plant, pro-
visional, or international application, $500; 
(B) for the search of each application for 
an original design patent, $100; 
(C) for the search of each application for 
an original plant patent, $300; 
(D) for the search of the national stage of 
each international application, $500; and 
(E) for the search of each application for 
the reissue of a patent, $500. 
(2) TIMING OF FEES.—The provisions of sec-
tion 111(a)(3) of title 35, United States Code, relat-
ing to the payment of the fee for filing the applica-