An Act to fix the fees payable to the Patent Office, and for other purposes
PL 89-83 (H.R.4185), enacted 07/24/1965

79 STAT. ] 
PUBLIC LAW 89-83-JULY 24, 1965 
259 
Public Law 89-83 
AN ACT 
j^jy 24, 1965 
To 
fix 
the fees payable to the Patent Office, aucl for other purposes. 
[H. R. 418 5] 
Patent fees. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the items num-
bered 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, respectively, in subsection (a) of 
section 41, title 35, United States Code, are amended to read as follows: 
ee stat. 79 e. 
"1. On filing each application for an original patent, except in 
design cases, $65; in addition, on filing or on presentation at any other 
time, $10 for each claim in independent form which is in excess of 
one, and $2 for each claim (whether independent or dependent) which 
is in excess of ten. Errors in payment of the additional fees may be 
rectified in accordance with regulations of the Commissioner. 
"2. For issuing each original or reissue patent, except in design 
cases, $100; in addition, $10 for each page (or portion tliereof) of 
.specification as printed, and $2 for each sheet of drawing. 
"3. In design cases: 
"a. On filing each design application, $20. 
"b. On issuing each design patent: For three years and six 
months, $10; for seven years, $20; and for fourteen years, $30. 
"4. On filing each application for the reissue of a patent, $65; in 
addition, on filing or on presentation at any other time, $10 for each 
claim in independent form which is in excess of the number of inde-
pendent claims of the original patent, and $2 for each claim (whether 
independent or dependent) which is in excess of ten and also in 
excess of the number of claims of the original patent. 
Errors in 
f)ayment of the additional fees may be rectified in accordance with 
regulations of the Commissioner. 
5. On filing each disclaimer, $15. 
"6, On appeal for the first time from the examiner to the Board 
of Appeals, $50; in addition, on filing a brief in support of the 
appeal, $50. 
"7. On filing each petition for the revival of an abandoned applica-
tion for a patent or for the delayed payment of the fee for issuing 
each patent, $15. 
"8. For certificate under section 255 or under section 256 of this 
title, $15. 
"9. As available and if in print: For uncertified printed copies 
of specifications and drawings of patents (except design patents), 50 
cents per copy; for design patents, 20 cents per copy; the Commis-
sioner may establish a charge not to exceed $1 per copy for patents 
in excess of twenty-five pages of drawings and specifications and for 
plant patents printed in color; special rates for libraries specified 
in section 13 of this title, $50 for patents issued in one year. 
The 
Commissioner may, without charge, provide applicants with copies 
of specifications and drawings of patents when referred to in a notice 
under section 132. 
"10. For recording every assignment, agreement, or other paper 
relating to the property in a patent or application, $20; where the 
document relates to more than one patent or application, $3 for each 
additional item." 
SEC. 2. Section 41 of title 35, United States Code, is further 
amended by adding the following subsection: 
"(c) The fees prescribed by or under this section sliall apply to 
any other Government department or agency, or officer thereof, except 
that the Commissioner may Avaive the payment of any fee for services 
260 
PUBLIC LAW 89-83-JULY 24, 1965 
[79 STAT. 
or materials in cases of occasional or incidental requests by a Govern-
ment department or agency, or officer thereof." 
SEC. 3. Section 31 of the Act approved July 5, 1946 (ch. 540, 60 
Stat. 427; U.S.C., title 15, sec. 1113), as amended, is amended to read 
as follows: 
"(a) The following fees shall be paid to the Patent Office under 
this Act: 
"1. On filing each original application for registration of a mark in 
each class, $35. 
"2. On filing each application for renewal in each class, $25; and 
on filing each application for renewal in each class after expiration 
of the registration, an additional fee of $5. 
IS use 1058. 
"3. On filing an affidavit under section 8(a) or section 8(b) for 
each class, $10. 
"4. On filing eacli petition for the revival of an abandoned applica-
tion, $15. 
"5. On filing opposition or application for cancellation for each 
class, $25. 
"6. On appeal from the examiner in charge of the registration of 
marks to the Trademark Trial and Appeal Board for each class, $25. 
''7. For issuance of a new certificate of registration following change 
of ownership of a mark or correction of a registrant's mistake, $15. 
"8. For certificate of correction of registrant's mistake or amend-
ment after registration, $15. 
"9. For certifying in any case, $1. 
"10. For filing each disclaimer after registration, $15. 
"11. For printed copy of registered mark, 20 cents. 
"12. For recording every assi^ment, agreement, or other paper 
relating to the property in a registration or afjplication, $20; where 
the document relates to more than one application or registration, $3 
for each additional item. 
"13. On filing notice of claim of benefits of this Act for a mark to 
15 use 1062. 
])e piiblished under section 12(c) hereof, $10. 
"(b) The Commissioner may establish charges for copies of records, 
publications, or services furnished by the Patent Office, not specified 
above. 
"(c) The Commissioner may refund any sum paid by mistake or in 
excess." 
66 Stat. 803. 
SEC. 4. Section 151 of title 35, LTnited States Code, is amended to 
read as follows: 
"§ 151. Issue of patent 
"If it appears that applicant is entitled to a patent under the law, a 
written notice of allowance of the application shall be given or mailed 
to the applicant. 
The notice shall specify a sum, constituting the issue 
fee or a portion thereof, which shall be paid within three months 
thereafter. 
"Upon payment of this sum the patent shall issue, but if payment 
is not timely made, the application shall be regarded as abandoned. 
"Any remaining balance of the issue fee shall be paid within three 
months from the sending of a notice thereof and, if not paid, the patent 
shall lapse at the termination of this three-month period. 
In calcu-
lating the amount of a remaining balance, charges for a page or less 
may be disregarded. 
"If any payment required by this section is not timely made, but is 
submitted with the fee for delayed payment within three months after 
the due date and sufficient cause is shown for the late payment, it ma}-
be accepted by the Commissioner as though no abandonment or lapse 
liad ever occurred." 
79 STAT. ] 
PUBLIC LAW 89-84-JULY 24, 1965 
261 
SEC. 5. Section 154 of title 35, United States Code, is amended by 
«« ^'^^- 804. 
inserting the words "subject to the payment of issue fees as provided 
for in this title," after the words "seventeen years,". 
SEC. 6. The analysis of chapter 14 of title 35, United States Code, 
immediately preceding section 151, is amended in the first item thereof 
by striking out the words "Time of issue of patent" and inserting in 
lieu thereof "Issue of patent". 
SEC. 7. (a) This Act shall take effect three months after its 
Effective date. 
enactment. 
(b) Items 1,3, and 4 of section 41 (a) of title 35, United States Code, 
as amended by section 1 of this Act, do not apply in further proceed-
ings in applications filed prior to the effective date of this Act. 
(c) Item 2 of section 41(a), as amended by section 1 of this Act, 
and section 4 of this Act do not apply in cases in which the notice of 
allowance of the application was sent, or in which a patent issued, 
prior to the effective date; and, in such cases, the fee due is the fe« 
specified in this title prior to the effective date of this Act. 
(d) Item 3 of section 31 of the Trademark Act, as amended by 
section 3 of this Act, applies only in the case of registrations issued 
and registrations published under the provisions of section 12(c) of 
the Trademark Act on or after the effective date of this Act. 
^° ^^^ ^^f^^^ 
SEC. 8. Section 266 of title 35, United States Codej is repealed. 
Repeal. 
The chapter analysis of chapter 27 of title 35, United States Code, 
ee stat. sii. 
is amended by strikmg out the following item: 
"266. Issue of patents without fees to Government employees." 
SEC. 9. Section 112 of title 35, United States Code, is amended by 
adding to the second paragraph thereof the following sentence: "A 
claim may be written in independent or dependent form, and if in 
dependent form, it shall be construed to include all the limitations 
of the claim incorporated by reference into the dependent claim." 
SEO. 10. Section 282 of title 35, United States Code, is amended by ^^^iJi^y!^' 
deletion of the first paragraph thereof and substituting therefor the 
following paragraph: 
"A patent shall be presumed valid. Each claim of a patent (whether 
in independent or dependent form) shall be presumed valid inde-
pendently of the validity of other claims; dependent claims shall be 
presumed valid even though dependent upon an invalid claim. 
The 
burden of establishing invalidity of a patent or any claim thereof shall 
rest on the party asserting it." 
Approved July 24, 19B5. 
Public Law 89-84 
AN ACT 
j^jy 2^^ jggg 
To amend the Act establishing the United States-Puerto Rico Commission on 
[S' 2154] 
the Status of Puerto Rico. 
Be it enacted by the Senate and House of Re'presentatives 
of the 
United States of America in Congress assembled^ That the Act of 
Report to con-
February 20, 1964 (78 Stat. 17), is amended as follows: 
Zllloll"" *" 
(1) In section 4 strike out "the opening day of the second session 
48 use 731 
of the Eighty-ninth United States Congress" and insert in lieu thereof "°*^-
"September 30,1966". 
(2) In section 5 strike out "$250,000" and insert in lieu thereof 
>^propriai.ion. 
"$465,000". 
Approved July 24, 1965.