Patent and Trademark Office Authorization Act of 1991
PL 102-204 (H.R.3531), enacted 12/10/1991

105 STAT. 1636 
PUBLIC LAW 102-204—DEC. 10, 1991 
Public Law 102-204 
102d Congress 
An Act 
Dec. 10, 1991 
[H.R. 3531] 
Patent and 
Trademark 
Office 
Authorization 
Act of 1991. 
35 u s e 41 note. 
Effective date. 
35 u s e 41 note. 
To authorize appropriations for the Patent and Trademark Office in the Department 
of Commerce for fiscal year 1992, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the 
Authorization Act of 1991". 
'Patent and Trademark Office 
SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION.—There are authorized to be appropriated to 
the Patent and Trademark Office for fiscal year 1992— 
(1) $95,000,000 for salaries and necessary expenses, which 
shall be derived from deposits in the Patent and Trademark 
Office Fee Surcharge Fund established under section 10101 of 
the Omnibus Budget Reconciliation Act of 1990 (Public Law 
101-508); 
(2) such sums as are equal to the amount collected during that 
year from fees under title 35, United States Code, and the 
Trademark Act of 1946 (15 U.S.C. 1051 and following); and 
(3) $24,000,000 for administrative, capital, or other expendi-
tures not provided for under paragraphs (1) and (2). 
(b) AMENDMENTS TO BUDGET RECONCIUATION ACT.—Section 10101 
of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101-
508) is amended as follows: 
(1) Subsection (a) is amended— 
(A) by striking "of 69 percent, rounded by standard arith-
metic rules,"; and 
(B) by inserting before the period ", in order to ensure 
that the amounts specified in subsection (c) are collected". 
(2) Subsection (b)(lXB) is amended by inserting "of these 
surcharges," after "(B)". 
(3) Subsection (c) is amended— 
(A) by striking "REVISIONS" and inserting "ESTABLISH-
MENT OF SURCHARGES"; and 
(B) by striking "surcharges" and all that follows through 
"Trademarks" and inserting "the Commissioner of Patents 
and Trademarks shall establish surcharges under subsec-
tion (a)". 
(c) WAIVER OF CERTAIN RESTRICTIONS.—Surcharges established for 
fiscal year 1992 under section 10101(c) of the Omnibus Budget 
Reconciliation Act of 1990 may take effect on or after 1 day after 
such surcharges are published in the Federal Register. Section 553 
of title 5, United States Code, shall not apply to the establishment of 
such surcharges for fiscal year 1992. , 
PUBLIC LAW 102-204—DEC. 10, 1991 
105 STAT. 1637 
SEC. 3. APPROPRIATIONS AUTHORIZED TO BE CARRIED OVER. 
Amounts appropriated under this Act may remain available until 
expended. 
SEC. 4. OVERSIGHT OF PATENT AND TRADEMARK FEES. 
Section 42 of title 35, United States Code, is amended by adding at 
the end the following: 
"(e) The Secretary of Commerce shall, on the day each year on 
which the President submits the annual budget to the Congress, 
provide to the Committees on the Judiciary of the Senate and the 
House of Representatives— 
"(1) a list of patent and trademark fee collections by the 
Patent and Trademark Office during the preceding fiscal year; 
"(2) a list of activities of the Patent and Trademark Office 
during the preceding fiscal year which were supported by 
patent fee expenditures, trademark fee expenditures, and 
appropriations; 
"(3) budget plans for significant programs, projects, and 
activities of the Office, including out-year funding estimates; 
"(4) any proposed disposition of surplus fees by the Office; and 
"(5) such other information as the committees consider nec-
essary.". 
SEC. 
5
. 
PATENT 
AND 
TRADEMARK 
FEES. 
(a) FEE SCHEDULES.—(1) Section 41(a) of title 35, United States 
Code, is amended to read as follows: 
"(a) The Commissioner shall charge the following fees: 
"(1)(A) On filing each application for an original patent, 
except in design or plant cases, $500. 
"(B) In addition, on filing or on presentation at any other 
time, $52 for each claim in independent form which is in excess 
of 3, $14 for each claim (whether independent or dependent) 
which is in excess of 20, and $160 for each application contain-
ing a multiple dependent claim. 
"(2) For issuing each original or reissue patent, except in 
design or plant cases, $820. 
"(3) In design and plant cases— 
"(A) on filing each design application, $200; 
"(B) on filing each plant application, $330; 
"(C) on issuing each design patent, $290; and 
"(D) on issuing each plant patent, $410. 
"(4XA) On filing each application for the reissue of a patent, 
$500. 
"(B) In addition, on filing or on presentation at any other 
time, $52 for each claim in independent form which is in excess 
of the number of independent claims of the original patent, and 
$14 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, $78. 
"(6XA) On filing an appeal from the examiner to the Board of 
Patent Appeals and Interferences, $190. 
"(B) In addition, on filing a brief in support of the appeal, 
$190, and on requesting an oral hearing in the appeal before the 
Board of Patent Appeals and Interferences, $160. 
"(7) On filing each petition for the revival of an unintention-
ally abandoned application for a patent or for the unintention-
105 STAT. 1638 
PUBLIC LAW 102-204—DEC. 10, 1991 
ally delayed payment of the fee for issuing each patent, $820, 
unless the petition is filed under section 133 or 151 of this title, 
in which case the fee shall be $78. 
"(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, $78; 
"(B) on filing a second petition, $172; and 
"(C) on filing a third petition or subsequent petition, $340. 
"(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, $450. 
"(10) Basic national fee for an international application where 
the Patent and Trademark Office was the International Search-
ing Authority but not the International Preliminary Examining 
Authority, $500. 
"(11) Basic national fee for an international application where 
the Patent and Trademark Office was neither the International 
Searching 
Authority 
nor 
the 
International 
Preliminary 
Examining Authority, $670. 
"(12) Basic national fee for an international application where 
the international preliminary examination has been paid to the 
Patent and Trademark Office, and the international prelimi-
nary 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, $66. 
"(13) For filing or later presentation of each independent 
claim in the national stage of an international application in 
excess of 3, $52. 
"(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, $14. 
"(15) For each national stage of an international application 
containing a multiple dependent claim, $160. 
For the purpose of computing fees, a multiple dependent claim as 
referred to in section 112 of this title or any claim depending 
therefrom 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.". 
(2) Subsection (b) of section 41 of title 35, United States Code, is 
amended by striking "a patent in force" and all that follows through 
the end of paragraph 3. and inserting the following: "in force all 
patents based on applications filed on or after December 12, 1980: 
"(1) 3 years and 6 months after grant, $650. 
"(2) 7 years and 6 months after grant, $1,310. 
"(3) 11 years and 6 months after grant, $1,980.". 
(3) Subsection (d) of section 41, of title 35, United States C!ode, is 
amended to read as follows: 
"(d) The Commissioner shall establish fees for all other processing, 
services, or materials relating to patents not specified in this section 
to recover the estimated average cost to the Office of such process-
ing, services, or materials, except that the Commissioner shall 
charge the following fees for the following services: 
"(1) For recording a document affecting title, $40 per prop-
erty. 
PUBLIC LAW 102-204—DEC. 10, 1991 
105 STAT. 1639 
Federal 
Register, 
publication. 
Effective date. 
35 u s e 41 note. 
"(2) For each photocopy, $.25 per page. 
"(3) For each black and white copy of a patent, $3. 
The yearly fee for providing a library specified in section 13 of this 
title with uncertified printed copies of the specifications and draw-
ings for all patents in that year shall be $50.". 
(b) AUTHORITY TO INCREASE FEES.—Section 41(f) of title 35, United 
States Code, is amended by striking "on October 1, 1985, and every 
third year thereafter, to reflect any fluctuations occurring during 
the previous three years" and inserting "on October 1, 1992, and 
every year thereafter, to reflect any fluctuations occurring during 
the previous 12 months". 
(c) NOTICE OF FEES.—(1) Section 41(g) of title 35, United States 
Code, is amended to read as follows: 
"(g) No fee established by the Commissioner under this section 
shall take effect until at least 30 days after notice of the fee has been 
published in the Federal Register and in the Official Gazette of the 
Patent and Trademark Office.". 
(2) Fees established by the Commissioner of Patents and Trade-
marks under section 41(d) of title 35, United States Code, during 
fiscal year 1992 may take effect on or after 1 day after such fees are 
published in the Federal Register. Section 41(g) of title 35, United 
States Code, and section 553 of title 5, United States Code, shall not 
apply to the establishment of such fees during fiscal year 1992. 
(d) PATENT AND TRADEMARK COLLECTIONS; PUBLIC ACCESS.—(1) 
Section 41 of title 35, United States Code, is amended by adding at 
the end the following new subsection: 
"(i)(l) The Commissioner shall maintain, for use by the public, 
paper or microform collections of United States patents, foreign 
patent documents, and United States trademark registrations ar-
ranged to permit search for and retrieval of information. The 
Commissioner may not impose fees directly for the use of such 
collections, or for the use of the public patent or trademark search 
rooms or libraries. 
"(2) The Commissioner shall provide for the full deployment of the 
automated search systems of the Patent and Trademark Office so 
that such systems are available for use by the public, and shall 
assure full access by the public to, and dissemination of, patent and 
trademark information, using a variety of automated methods, 
including electronic bulletin boards and remote access by users to 
mass storage and retrieval systems. 
"(3) The Commissioner may establish reasonable fees for access by 
the public to the automated search systems of the Patent and 
Trademark Office. If such fees are established, a limited amount of 
free access shall be made available to users of the systems for 
purposes of education and training. The Commissioner may waive 
the payment by an individual of fees authorized by this subsection 
upon a showing of need or hardship, and if such a waiver is in the 
public interest. 
"(4) The Commissioner shall submit to the Congress an annual Reports, 
report on the automated search systems of the Patent and Trade-
mark Office and the access by the public to such systems. The 
Commissioner shall also publish such report in the Federal Register. 
The Commissioner shall provide an opportunity for the submission 
of comments by interested persons on each such report.". 
(2)(A) The section heading for section 41 of title 35, United States 
Code, is amended to read as follows: 
105 STAT. 1640 
PUBLIC LAW 102-204—DEC. 10, 1991 
Effective date. 
Federal 
Register, 
publication. 
15 u s e 1113 
note. 
Effective date. 
Federal 
Register, 
publication. 
"§ 41. Patent fees; patent and trademark search systems". 
(B) The items in the table of sections at the beginning of chapter 4 
of title 35, United States Code, are amended to read as follows: 
"41. Patent fees; patent and trademark search systems. 
"42. Patent and Trademark Office funding.". 
(C) The chapter heading for chapter 4 of title 35, United States 
Code, is amended to read as follows: 
"CHAPTER 
4—PATENT 
FEES; 
FUNDING; 
SEARCH 
SYSTEMS". 
(D) The items relating to chapters 3 and 4 in the table of chapters 
for part I of title 35, United States Code, are amended to read as 
follows: 
"3. Practice before Patent and Trademark Office 
31 
"4. Patent Fees; Funding; Search Systems 
41". 
(e) USE OF FEES.—Subsection 42(c) of title 35, United States Code is 
amended to read as follows: 
"(c) Revenues from fees shall be available to the Commissioner to 
carry out, to the extent provided in appropriation Acts, the activities 
of the Patent and Trademark Office. Fees available to the Commis-
sioner under section 31 of the Trademark Act of 1946 may be used 
only for the processing of trademark registrations and for other 
activities, services, and materials relating to trademarks and to 
cover a proportionate share of the administrative costs of the Patent 
and Trademark Office.". 
(f) TRADEMARK FEES.—(1) Section 31(a) of the Trademark Act of 
1946 (15 U.S.C. 1113(a)) is amended to read as follows: 
"(a) The Commissioner shall establish fees for the filing and 
processing of an application for the registration of a trademark or 
other mark and for all other services performed by and materials 
furnished by the Patent and Trademark Office related to trade-
marks and other marks. Fees established under this subsection may 
be adjusted by the Commissioner once each year to reflect, in the 
aggregate, any fluctuations during the preceding 12 months in the 
Consumer Price Index, as determined by the Secretary of Labor. 
Changes of less than 1 percent may be ignored. No fee established 
under this section shall take effect until at least 30 days after notice 
of the fee has been published in the Federal Register and in the 
Official Gazette of the Patent and Trademark Office.". 
(2) Fees established by the Commissioner of Patents and Trade-
marks under section 31(a) of the Trademark Act of 1946 (15 U.S.C. 
1113(a)) during fiscal year 1992— 
(A) may, notwithstanding the second sentence of such section 
31(a), reflect fluctuations during the preceding 3 years in the 
Consumer Price Index; and 
(B) may take effect on or after 1 day after such fees are 
published in the Federal Register. 
The last sentence of section 31(a) of the Trademark Act of 1946 and 
section 553 of title 5, United States Code, shall not apply to the 
establishment of such fees during fiscal year 1992. 
(g) INTERNATIONAL APPLICATION FEES.—(1) Section 376 of title 35, 
United States Code, is amended— 
(A) in subsection (a)— 
PUBLIC LAW 102-204—DEC. 10, 1991 
105 STAT. 1641 
(i) in the second sentence by inserting after "Office" the 
following: "shall charge a national fee as provided in sec-
tion 41(a), and"; and 
(ii) by striking paragraph (4) and redesignating para-
graphs (5) and (6) as paragraphs (4) and (5), respectively; 
and 
(B) in subsection (b) in the last sentence by striking "the 
preliminary examination fee" and inserting "the national fee, 
the preliminary examination fee,". 
(2) Section 371(c)(1) of title 35, United States Code, is amended by 
striking "prescribed under section 376(a)(4) of this part" and insert-
ing "provided in section 41(a) of this title". 
SEC. 6. USE OF EXCHANGE AGREEMENTS RELATING TO AUTOMATIC 35 USC 6 note. 
DATA PROCESSING RESOURCES PROHIBITED. 
The Commissioner of Patents and Trademarks may not, during 
fiscal year 1992, enter into any agreement for the exchange of items 
or services (as authorized under section 6(a) of title 35, United States 
Code) relating to automatic data processing resources (including 
hardware, software and related services, and machine readable 
data). The preceding sentence shall not apply to an agreement 
relating to data for automation programs which is entered into with 
a foreign government or with an international intergovernmental 
organization. 
SEC. 7. INDEMNIFICATION OF EMPLOYEES. 
The Commissioner of Patents and Trademarks is authorized to 
indemnify any officer or employee of the Patent and Trademark 
Office who participated in the Law School Tuition Assistance Pro-
gram of the Patent and Trademark Office, against tax liability 
incurred as a result of payments made to law schools under that 
program in tax years 1988, 1989, and 1990. 
SEC. 8. DUTIES OF COMMISSIONER. 
Section 6(a) of title 35, United States Code, is amended by striking 
"; and shall have" and inserting ", including programs to recognize, 
identify, assess and forecast the technology of patented inventions 
and their utility to industry; and shall have '. 
SEC. 9. REPEAL OF PRIOR AUTHORIZATION ACTS. 
Subsections (b) and (c) of section 104 of Public Law 100-703 are 
repealed. 
SEC. 10. GAO REPORTING REQUIREMENT. 
Section 202(b)(3) of title 35, United States Code, is amended by 
striking "each year" and inserting "every 5 years". 
SEC. 11. PATENT INFORMATION DISSEMINATION. 
(a) DEFINITIONS.—For purposes of this section— 
(1) the term "CD-ROMs" means compact discs formatted with 
read-only memory, including such discs that make use of ad-
vanced optical storage technology; 
(2) the term "classified patent information" means patent 
information organized by the subject matter of the claimed 
invention according to the United States Patent Classification 
System or the classification system used by the country or 
authority that issues a patent; 
35 USC 41 note. 
35 USC 41 note. 
105 STAT. 1642 
PUBLIC LAW 102-204—DEC. 10, 1991 
(3) the term "Commissioner" means the Assistant Secretary 
of Commerce and Commissioner of Patents and Trademarks; 
and 
(4) the term "patent information" means a complete and 
exact facsimile of a patent or patent application, including the 
text and all images contained therein (such as drawings, dia-
grams, formulas, and tables). 
(b) INFORMATION DISSEMINATION PROGRAM.—No later than Janu-
ary 1, 1992, the Commissioner shall establish a demonstration pro-
gram which shall make patent information available in accordance 
with the provisions of this section, through October 1, 1992. The 
Commissioner shall produce master CD-ROMs containing classified 
patent information and provide copies of them to the public for 
purchase. 
(c) INFORMATION TO BE DISSEMINATED.—The patent information 
that shall be disseminated pursuant to this section shall be patent 
information in the possession of the Commissioner in computer 
readable form, including information on selected subclasses of 
United States patents, as determined by the Commissioner. 
(d) FEES.—The Commissioner shall establish fees for the purchase 
of CD-ROMs, at a rate sufficient to recover the estimated average 
marginal cost of producing and processing purchase orders for 
copies of master CD-ROMs. 
(e) REPORT.—On the date that is 1 year after the date of the 
enactment of this Act the Commissioner shall submit to Congress a 
report on the implementation of this section. 
SEC. 12. DEFINITION. 
For purposes of this Act, the "Trademark Act of 1946" refers to 
the Act entitled "An Act to provide for the registration and protec-
tion of trademarks used in commerce, to carry out the provision of 
certain international conventions, and for other purposes", ap-
proved July 5,1946 (15 U.S.C. 1051 and following). 
SEC. 13. EFFECTIVE DATE. 
Federal 
This Act takes effect on the date of the enactment of this Act, 
ouWication 
except that the fees established by the amendment made by section 
35 use 41 note. 
^(^) shall take effect on or after 1 day after such fees are published 
in the Federal Register. 
Approved December 10, 1991. 
LEGISLATIVE HISTORY—H.R. 3531: 
HOUSE REPORTS: No. 102-382 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Nov. 25, considered and passed House. 
Nov. 27, considered and passed Senate.