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(1) in paragraph (1), by striking ‘‘Fees charged under sub-
section (a) or (b)’’ and inserting ‘‘Subject to paragraph (3),
fees charged under subsections (a), (b), and (d)(1)’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) 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.’’.
SEC. 802. ADJUSTMENT OF TRADEMARK FEES.
(a) FEE FOR FILING APPLICATION.—During fiscal years 2005
and 2006, under such conditions as may be prescribed by the
Director, the fee under section 31(a) of the Trademark Act of 1946
(15 U.S.C. 1113(a)) for: (1) the filing of a paper application for
the registration of a trademark shall be $375; (2) the filing of
an electronic application shall be $325; and (3) the filing of an
electronic application meeting certain additional requirements pre-
scribed by the Director shall be $275. During fiscal years 2005
and 2006, the provisions of the second and third sentences of
section 31(a) of the Trademark Act of 1946 shall apply to the
fees established 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 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.).
SEC. 803. EFFECTIVE DATE, APPLICABILITY, AND TRANSITIONAL
PROVISION.
(a) EFFECTIVE DATE.—Except as otherwise provided in this
title (including this section), the provisions of this title shall take
effect on the date of the enactment of this Act and shall apply
only with respect to the remaining portion of fiscal year 2005
and fiscal year 2006.
(b) APPLICABILITY.—
(1)(A) Except as provided in subparagraphs (B) and (C),
the provisions of section 801 shall apply to all patents, when-
ever granted, and to all patent applications pending on or
filed after the effective date set forth in subsection (a) of this
section.
(B)(i) Except as provided in clause (ii), subsections (a)(1)
and (3) and (d)(1) of section 41 of title 35, United States
Code, as administered as provided in this title, shall apply
only to—
(I) applications for patents filed under section 111 of
title 35, United States Code, on or after the effective date
set forth in subsection (a) of this section, and
(II) international applications entering the national
stage under section 371 of title 35, United States Code,
for which the basic national 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.
(ii) Section 41(a)(1)(D) of title 35, United States Code, as
administered as provided in this title, 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
H. R. 4818—122
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
administered as provided in this title, shall apply only to the
extent that the number of excess claims, after giving effect
to any cancellation of claims, is in excess 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 provisions of section 802 shall apply to all applica-
tions for the registration of a trademark filed or amended
on or after the effective date set forth in subsection (a) of
this section.
(c) TRANSITIONAL PROVISIONS.—
(1) SEARCH FEES.—During fiscal years 2005 and 2006, the
Director shall charge—
(A) for the search of each application for an original
patent, except for design, plant, provisional, or inter-
national 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 inter-
national application, $500; and
(E) for the search of each application for the reissue
of a patent, $500.
(2) TIMING OF FEES.—The provisions of section 111(a)(3)
of title 35, United States Code, relating to the payment of
the fee for filing the application shall apply to the payment
of the fee specified in paragraph (1) with respect to an applica-
tion filed under section 111(a) of title 35, United States Code.
The provisions of section 371(d) of title 35, United States Code,
relating to the payment of the national fee shall apply to
the payment of the fee specified in paragraph (1) with respect
to an international application.
SEC. 804. DEFINITION.
In this title, the term ‘‘Director’’ means the Under Secretary
of Commerce for Intellectual Property and Director of the United
States Patent and Trademark Office.
TITLE IX—OCEANS AND HUMAN
HEALTH ACT
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Oceans and Human Health
Act’’.
SEC. 902. INTERAGENCY OCEANS AND HUMAN HEALTH RESEARCH
PROGRAM.
(a) COORDINATION.—The President, through the National
Science and Technology Council, shall coordinate and support a
national research program to improve understanding of the role
of the oceans in human health.
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(b) IMPLEMENTATION PLAN.—Within 1 year after the date of
enactment of this Act, the National Science and Technology Council,
through the Director of the Office of Science and Technology Policy
shall develop and submit to the Congress a plan for coordinated
Federal activities under the program. Nothing in this subsection
is intended to duplicate or supersede the activities of the Inter-
Agency Task Force on Harmful Algal Blooms and Hypoxia estab-
lished under section 603 of the Harmful Algal Bloom and Hypoxia
Research and Control Act of 1998 (16 U.S.C. 1451 note). In devel-
oping the plan, the Committee will consult with the Inter-Agency
Task Force on Harmful Algal Blooms and Hypoxia. Such plan
will build on and complement the ongoing activities of the National
Oceanic and Atmospheric Administration, the National Science
Foundation, and other departments and agencies and shall—
(1) establish, for the 10-year period beginning in the year
it is submitted, the goals and priorities for Federal research
which most effectively advance scientific understanding of the
connections between the oceans and human health, provide
usable information for the prediction of marine-related public
health problems and use the biological potential of the oceans
for development of new treatments of human diseases and
a greater understanding of human biology;
(2) describe specific activities required to achieve such goals
and priorities, including the funding of competitive research
grants, ocean and coastal observations, training and support
for scientists, and participation in international research efforts;
(3) identify and address, as appropriate, relevant programs
and activities of the Federal agencies and departments that
would contribute to the program;
(4) identify alternatives for preventive unnecessary duplica-
tion of effort among Federal agencies and departments with
respect to the program;
(5) consider and use, as appropriate, reports and studies
conducted by Federal agencies and departments, the National
Research Council, the Ocean Research Advisory Panel, the
Commission on Ocean Policy and other expert scientific bodies;
(6) make recommendations for the coordination of program
activities with ocean and human health-related activities of
other national and international organizations; and
(7) estimate Federal funding for research activities to be
conducted under the program.
(c) PROGRAM SCOPE.—The program may include the following
activities related to the role of oceans in human health:
(1) Interdisciplinary research among the ocean and medical
sciences, and coordinated research and activities to improve
understanding of processes within the ocean that may affect
human health and to explore the potential contribution of
marine organisms to medicine and research, including—
(A) vector- and water-borne diseases of humans and
marine organisms, including marine mammals and fish;
(B) harmful algal blooms and hypoxia (through the
Inter-Agency Task Force on Harmful Algal Blooms and
Hypoxia);
(C) marine-derived pharmaceuticals;
(D) marine organisms as models for biomedical
research and as indicators of marine environmental health;
(E) marine environmental microbiology;