United States Patent and Trademark Office Reauthorization Act, Fiscal Year 1999
PL 105-358 (H.R.3723), enacted 11/10/1998

112 STAT. 3272 
PUBLIC LAW 105-358—NOV. 10, 1998 
Public Law 105-358 
105th Congress 
An Act 
Nov. 10, 1998 
To authorize funds for the payment of salaries and expenses of the Patent and 
[H.R. 3723] 
Trademark Office, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
United States 
the United States of America in Congress assembled, 
Patent and 
Trademark Office 
SECTION 1. SHORT TITLE. 
Act^iscafvear 
This Act may be cited as the "United States Patent and Trade-
1999. 
mark Office Reauthorization Act, Fiscal Year 1999". 
35 use 1 note. 
SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be made available for the payment 
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, pursu-
ant 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 original 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 depend-
ent) 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 
PUBLIC LAW 105-358—NOV. 10, 1998 
112 STAT. 3273 
patent, and $18 for each claim (whether independent or depend-
ent) 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. 
"(B) In addition, on filing a brief in support of the appeal, 
$300, and on requesting an oral hearing in the appeal before 
the Board of Patent Appeals and Interferences, $260. 
"(7) On filing each petition for the revival of an unintention-
ally abandoned application for a patent or for the unintention-
ally delayed payment of the fee for issuing each patent, $1,210, 
unless the petition is filed imder section 133 or 151 of this 
title, in which case the fee shall be $110. 
"(8) For petitions for 1-month extensions of time to take 
actions required by the Commissioner in an application— 
"(A) on filing a first petition, $110; 
"(B) on filing a second petition, $270; and 
"(C) on filing a third petition or subsequent petition, 
$490. 
"(9) Basic national fee for an international application 
where the Patent and Trademark Office was the International 
Preliminary 
Examining 
Authority 
and 
the 
International 
Searching Authority, $670. 
"(10) Basic national fee for an international application 
where the Patent £ind Trademark Office was the International 
Searching Authority but not the International Preliminary 
Examining Authority, $760. 
"(11) Basic national fee for an international application 
where the Patent and Trademark Office was neither the Inter-
national Searching Authority nor the International Preliminary 
Examining Authority, $970. 
"(12) Basic national fee for an international application 
where the international preliminary examination fee has been 
paid to the Patent and Trademark Office, and the international 
prehminary examination 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 international application in 
excess of 3, $78. 
"(14) For filing or later presentation of each claim (whether 
independent or dependent) in a national stage of an inter-
national application in excess of 20, $18. 
"(15) For each national stage of an international 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 
therefi'om shall be considered as separate dependent claims in 
accordance with the number of claims to which reference is made. 
Errors in payment of the additional fees may be rectified in accord-
ance 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: 
112 STAT. 3274 
PUBLIC LAW 105-358—NOV. 10, 1998 
"(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 received 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 pajonent 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 COLLECTION AND EXPENDITURE. 
Section 42(c) of title 35, United States Code, is amended 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 collected by and shall 
be available to the Commissioner to carry out the activities of 
the Patent and Trademark Office.". 
35 u s e 41 note. 
SEC. 5. EFFECTIVE DATE. 
This Act £ind the amendments made by this Act shall take 
effect on October 1, 1998. 
Approved November 10, 1998. 
LEGISLATIVE HISTORY—H.R. 3723: 
HOUSE REPORTS: No. 105-528 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
May 12, considered and passed House. 
Oct. 14, considered and passed Senate.