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Union Calendar No. 300
105TH CONGRESS
2D SESSION
H. R. 3723
[Report No. 105–528]
To authorize funds for the payment of salaries and expenses of the Patent
and Trademark Office, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 23, 1998
Mr. COBLE introduced the following bill; which was referred to the Committee
on the Judiciary
MAY 12, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 23, 1998]
A BILL
To authorize funds for the payment of salaries and expenses
of the Patent and Trademark Office, 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 ‘‘United States Patent
and Trademark Office Reauthorization Act, Fiscal Year
1999’’.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be made available for the pay-
ment of salaries and necessary expenses of the Patent and
Trademark Office in fiscal year 1999, $66,000,000 from fees
collected in fiscal year 1998 and such fees as are collected
in fiscal year 1999, pursuant to title 35, United States
Code, and the Trademark Act of 1946 (15 U.S.C. 1051 et
seq.). Amounts made available pursuant to this section shall
remain available until expended.
SEC. 3. LEVEL OF FEES FOR PATENT SERVICES.
(a) GENERAL PATENT FEES.—Section 41 of title 35,
United States Code, is amended by striking subsection (a)
and inserting the following:
‘‘(a) The Commissioner shall charge the following fees:
‘‘(1)(A) On filing each application for an origi-
nal patent, except in design or plant cases, $760.
‘‘(B) In addition, on filing or on presentation at
any other time, $78 for each claim in independent
form which is in excess of 3, $18 for each claim
(whether independent or dependent) which is in excess
of 20, and $260 for each application containing a
multiple dependent claim.
‘‘(C) On filing each provisional application for
an original patent, $150.
‘‘(2) For issuing each original or reissue patent,
except in design or plant cases, $1,210.
‘‘(3) In design and plant cases—
‘‘(A) on filing each design application,
$310;
‘‘(B) on filing each plant application, $480;
‘‘(C) on issuing each design patent, $430;
and
‘‘(D) on issuing each plant patent, $580.
‘‘(4)(A) On filing each application for the reissue
of a patent, $760.
‘‘(B) In addition, on filing or on presentation at
any other time, $78 for each claim in independent
form which is in excess of the number of independent
claims of the original patent, and $18 for each claim
(whether independent or dependent) which is in excess
of 20 and also in excess of the number of claims of
the original patent.
‘‘(5) On filing each disclaimer, $110.
‘‘(6)(A) On filing an appeal from the examiner
to the Board of Patent Appeals and Interferences,
$300.
International Preliminary Examining Authority,
$760.
‘‘(11) Basic national fee for an international ap-
plication where the Patent and Trademark Office was
neither the International Searching Authority nor the
International Preliminary Examining Authority,
$970.
‘‘(12) Basic national fee for an international ap-
plication where the international preliminary exam-
ination fee has been paid to the Patent and Trade-
mark Office, and the international preliminary exam-
ination report states that the provisions of Article 33
(2), (3), and (4) of the Patent Cooperation Treaty
have been satisfied for all claims in the application
entering the national stage, $96.
‘‘(13) For filing or later presentation of each
independent claim in the national stage of an inter-
national application in excess of 3, $78.
‘‘(14) For filing or later presentation of each
claim (whether independent or dependent) in a na-
tional stage of an international application in excess
of 20, $18.
‘‘(15) For each national stage of an inter-
national application containing a multiple dependent
claim, $260.
For the purpose of computing fees, a multiple dependent
claim referred to in section 112 of this title or any claim
depending therefrom shall be considered as separate depend-
ent claims in accordance with the number of claims to
which reference is made. Errors in payment of the addi-
tional fees may be rectified in accordance with regulations
of the Commissioner.’’.
(b) PATENT MAINTENANCE FEES.—Section 41 of title
35, United States Code, is amended by striking subsection
(b) and inserting the following:
‘‘(b) The Commissioner shall charge the following 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, $940.
‘‘(2) 7 years and 6 months after grant, $1,900.
‘‘(3) 11 years and 6 months after grant, $2,910.
Unless payment of the applicable maintenance fee is re-
ceived in the 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 Commissioner 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.’’.
SEC. 4. AUTHORIZATION OF EXPENDITURE.
Section 42(c) of title 35, United States Code, is amend-
ed by striking the first sentence and inserting the following:
‘‘To the extent and in the amounts provided in advance
in appropriations Acts, fees authorized in this title or any
other Act to be charged or established by the Commissioner
shall be available to the Commissioner to carry out the ac-
tivities of the Patent and Trademark Office.’’.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect on October 1, 1998.
Union Calendar No. 300
105TH CONGRESS
2D SESSION
H. R. 3723
[Report No. 105–528]
A BILL
To authorize funds for the payment of salaries and
expenses of the Patent and Trademark Office,
and for other purposes.
MAY 12, 1998
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed.