I 
108TH CONGRESS 
1ST SESSION H. R. 1561
To amend title 35, United States Code, with respect to patent fees, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 2, 2003
Mr. SMITH of Texas (for himself and Mr. BERMAN) (both by request) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To amend title 35, United States Code, with respect to 
patent fees, 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 Fee Modernization Act of 2003’’. 
SEC. 2. FEES FOR PATENT SERVICES. 
(a) GENERAL PATENT FEES.—Section 41(a) of title 
35, United States Code, is amended to read as follows: 
‘‘(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, $300. 
‘‘(B) On filing each application for an 
original design patent, $200. 
‘‘(C) On filing each application for an 
original plant patent, $200. 
‘‘(D) On filing each provisional application 
for an original patent, $200. 
‘‘(E) On filing each application for the re-
issue of a patent, $300. 
‘‘(F) The basic national fee for each inter-
national application filed under the treaty de-
fined in section 351(a) of this title entering the 
national state under section 371 of this title, 
$300. 
‘‘(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), $250 for each 
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.—In addition to the 
fee specified in paragraph (1)—
‘‘(A) on filing or on presentation at any 
other time, $200 for each claim in independent 
form in excess of 3; 
‘‘(B) on filing or on presentation at any 
other time, $50 for each claim (whether de-
pendent or independent) in excess of 20; and 
‘‘(C) for each application containing a mul-
tiple dependent claim, $360. 
For the purpose of computing fees under this para-
graph, a multiple dependent claim referred to in sec-
tion 112 of this title or any claim depending there-
from shall be considered as separate dependent 
claims in accordance with the number of claims to 
which reference is made. The Director may by regu-
lation provide for a refund of any part of the fee 
specified in this paragraph for any claim that is can-
celed before an examination on the merits, as pre-
scribed by the Director, has been made of the appli-
cation under section 131 of this title. Errors in pay-
ment of the additional fees under this paragraph
may be rectified in accordance with regulations pre-
scribed by the Director. 
‘‘(3) EXAMINATION FEES.—
‘‘(A) For examination of each application 
for an original patent, except for design, plant, 
provisional, or international applications, $200. 
‘‘(B) For examination of each application 
for an original design patent, $130. 
‘‘(C) For examination of each application 
for an original plant patent, $160. 
‘‘(D) For examination of the national stage 
of each international application, $200. 
‘‘(E) For examination of each application 
for the reissue of a patent, $600. 
The provisions of section 111(a)(3) of this title re-
lating to the payment of the fee for filing the appli-
cation 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. The Director may by regu-
lation provide for a refund of any part of the fee 
specified in this paragraph for any applicant who