H. R. 4818—118
unless the petition is filed under section 133 or 151 of this
title, in which case the fee shall be $500.
‘‘(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, $120;
‘‘(B) on filing a second petition, $330; and
‘‘(C) on filing a third or subsequent petition, $570.’’.
(b) PATENT MAINTENANCE FEES.—During fiscal years 2005 and
2006, subsection (b) of section 41 of title 35, United States Code,
shall be administered as though that subsection reads as follows:
‘‘(b) MAINTENANCE FEES.—The Director shall charge the fol-
lowing fees for maintaining in force all patents based on applications
filed on or after December 12, 1980:
‘‘(1) 3 years and 6 months after grant, $900.
‘‘(2) 7 years and 6 months after grant, $2,300.
‘‘(3) 11 years and 6 months after grant, $3,800.
Unless payment of the applicable maintenance fee is received in
the United States Patent and Trademark Office on or before the
date the fee is due or within a grace period of 6 months thereafter,
the patent will expire as of the end of such grace period. The
Director may require the payment of a surcharge as a condition
of accepting within such 6-month grace period the payment of
an applicable maintenance fee. No fee may be established for
maintaining a design or plant patent in force.’’.
(c) PATENT SEARCH FEES.—During fiscal years 2005 and 2006,
subsection (d) of section 41 of title 35, United States Code, shall
be administered as though that subsection reads as follows:
‘‘(d) PATENT SEARCH AND OTHER FEES.—
‘‘(1) PATENT SEARCH FEES.—
‘‘(A) 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 Office of searching
applications for patent either by acquiring a search report
from a qualified search authority, or by causing a search
by Office personnel to be made, of each application for
patent. For the 3-year period beginning on the date of
enactment of this Act, the fee for a search by a qualified
search authority of a patent application described in clause
(i), (iv), or (v) of subparagraph (B) may not exceed $500,
of a patent application described in clause (ii) of subpara-
graph (B) may not exceed $100, and of a patent application
described in clause (iii) of subparagraph (B) may not exceed
$300. The Director may not increase any such fee by more
than 20 percent in each of the next three 1-year periods,
and the Director may not increase any such fee thereafter.
‘‘(B) For purposes of determining the fees to be estab-
lished 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) $500 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;
H. R. 4818—119
‘‘(iii) $300 for each application for an original plant
patent;
‘‘(iv) $500 for the national stage of each inter-
national application; and
‘‘(v) $500 for each application for the reissue of
a patent.
‘‘(C) The provisions of section 111(a)(3) of this title
relating to the payment of the fee for filing the application
shall apply to the payment of the fee specified in this
paragraph with respect to an application filed under section
111(a) of this title. The provisions of section 371(d) of
this title 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 application.
‘‘(D) The Director may by regulation provide for a
refund of any part of the fee specified in this paragraph
for any applicant who files a written declaration of express
abandonment as prescribed by the Director before an exam-
ination has been made of the application under section
131 of this title, and for any applicant who provides a
search report that meets the conditions prescribed by the
Director.
‘‘(E) For purposes of subparagraph (A), a ‘qualified
search authority’ may not include a commercial entity
unless—
‘‘(i) the Director conducts a pilot program of limited
scope, conducted over a period of not more than 18
months, which demonstrates that searches by commer-
cial entities of the available prior art relating to the
subject matter of inventions claimed in patent
applications—
‘‘(I) are accurate; and
‘‘(II) meet or exceed the standards of searches
conducted by and used by the Patent and Trade-
mark Office during the patent examination
process;
‘‘(ii) the Director submits a report on the results
of the pilot program to Congress and the Patent Public
Advisory Committee that includes—
‘‘(I) a description of the scope and duration
of the pilot program;
‘‘(II) the identity of each commercial entity
participating in the pilot program;
‘‘(III) an explanation of the methodology used
to evaluate the accuracy and quality of the search
reports; and
‘‘(IV) an assessment of the effects that the
pilot program, as compared to searches conducted
by the Patent and Trademark Office, had and will
have on—
‘‘(aa) patentability determinations;
‘‘(bb) productivity of the Patent and Trade-
mark Office;
‘‘(cc) costs to the Patent and Trademark
Office;
‘‘(dd) costs to patent applicants; and
‘‘(ee) other relevant factors;
H. R. 4818—120
‘‘(iii) the Patent Public Advisory Committee
reviews and analyzes the Director’s report under clause
(ii) and the results of the pilot program and submits
a separate report on its analysis to the Director and
the Congress that includes—
‘‘(I) an independent evaluation of the effects
that the pilot program, as compared to searches
conducted by the Patent and Trademark Office,
had and will have on the factors set forth in clause
(ii)(IV); and
‘‘(II) an analysis of the reasonableness, appro-
priateness, and effectiveness of the methods used
in the pilot program to make the evaluations
required under clause (ii)(IV); and
‘‘(iv) Congress does not, during the 1-year period
beginning on the date on which the Patent Public
Advisory Committee submits its report to the Congress
under clause (iii), enact a law prohibiting searches
by commercial entities of the available prior art
relating to the subject matter of inventions claimed
in patent applications.
‘‘(F) The Director shall require that any search by
a qualified search authority that is a commercial entity
is conducted in the United States by persons that—
‘‘(i) if individuals, are United States citizens; and
‘‘(ii) if business concerns, are organized under the
laws of the United States or any State and employ
United States citizens to perform the searches.
‘‘(G) 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.
‘‘(H) A qualified search authority that is a commercial
entity may not conduct a search of a patent application
if the entity has any direct or indirect financial interest
in any patent or in any pending or imminent application
for patent filed or to be filed in the Patent and Trademark
Office.
‘‘(2) OTHER
FEES.—The Director shall establish 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 services:
‘‘(A) For recording a document affecting title, $40 per
property.
‘‘(B) For each photocopy, $.25 per page.
‘‘(C) For each black and white copy of a patent, $3.
The yearly fee for providing a library specified in section 12
of this title with uncertified printed copies of the specifications
and drawings for all patents in that year shall be $50.’’.
(d) ADJUSTMENTS.—During fiscal years 2005 and 2006, sub-
section (f) of section 41 of title 35, United States Code, shall apply
to the fees established under this section.
(e) FEES FOR SMALL ENTITIES.—During fiscal years 2005 and
2006, subsection (h) of section 41 of title 35, United States Code,
shall be administered as though that subsection is amended—