Revision of Patent Fees for Fiscal Year 2007, 46899-46903 [E7-16574]
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Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Rules and Regulations
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation. This rule
establishes a security zone.
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ will be
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 165.T05–080 to
read as follows:
165, subpart D, apply to the security
zone described in paragraph (a) of this
section.
(2) Entry into or remaining in this
zone is prohibited unless authorized by
the Coast Guard Captain of the Port,
Baltimore, Maryland, or his designated
representative.
(3) Persons or vessels requiring entry
into or passage through the security
zone must first request authorization
from the Captain of the Port, Baltimore,
or his designated representative, for
permission to transit the area. The
Captain of the Port, Baltimore, Maryland
can be contacted at telephone number
(410) 576–2693. The Coast Guard
vessels enforcing this section can be
contacted on VHF Marine Band Radio,
VHF channel 16 (156.8 MHz). Upon
being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or
other means, the operator of a vessel
shall proceed as directed. If permission
is granted, all persons and vessels must
comply with the instructions of the
Captain of the Port, Baltimore,
Maryland, or his designated
representative, and proceed at the
minimum speed necessary to maintain a
safe course while within the zone.
(4) The U.S. Coast Guard may be
assisted in the patrol and enforcement
of the zone by Federal, State, and local
agencies.
(d) Enforcement period. This section
will be enforced from 3 p.m. through 5
p.m. on September 23, 2007.
Dated: August 7, 2007.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the
Port, Baltimore, Maryland.
[FR Doc. E7–16479 Filed 8–21–07; 8:45 am]
BILLING CODE 4910–15–P
I
DEPARTMENT OF COMMERCE
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§ 165.T05–080 Security Zone; M/V
Odyssey III, Global Air Chiefs Conference,
Upper Potomac River, Washington, DC.
(a) Definitions. (1) For purposes of
this section, designated representative
means the Commander, Coast Guard
Sector Baltimore, Maryland or any Coast
Guard commissioned, warrant, or petty
officer who has been authorized by the
Captain of the Port, Baltimore, Maryland
to act on his behalf.
(b) Location. The following area is a
security zone: All waters of the Upper
Potomac River, encompassing an area
100 yards in all directions around the
motor vessel Odyssey III while moored,
underway or anchored on the Upper
Potomac River.
(c) Regulations. (1) The general
security zone regulations in 33 CFR part
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Patent and Trademark Office
37 CFR Parts 1 and 41
[Docket No. PTO–C–2006–0015]
RIN 0651–AB81
Revision of Patent Fees for Fiscal Year
2007
United States Patent and
Trademark Office, Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: The United States Patent and
Trademark Office (USPTO) (referred to
as ‘‘Office’’ in this notice) is adjusting
certain patent fee amounts to reflect
fluctuations in the Consumer Price
Index (CPI). Also, the Office is
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46899
adjusting, by a corresponding amount, a
few patent fee rates that track the
affected fee amounts. The Director is
authorized to adjust these fee amounts
annually by the CPI to recover the
higher costs associated with doing
business.
The USPTO is adjusting the patent fee
amounts under the Consolidated
Appropriations Act, 2005 (Consolidated
Appropriations Act), which revised
certain patent fee rates, and provided for
a search fee and examination fee
separate from the filing fee, during fiscal
years 2005 and 2006; and continued in
fiscal year 2007 under the revised
Continuing Appropriations Resolution,
2007 (Continuing Appropriations
Resolution). Legislation has been
introduced that would extend the fee
rate revisions in the Consolidated
Appropriations Act.
In the event legislation is not enacted
to continue the patent fee amounts
under the Consolidated Appropriations
Act, the USPTO will be adjusting patent
statutory fee rates that were in
application prior to implementation of
the Consolidated Appropriations Act.
The prior fee rates, adjusted for CPI, will
be effective for fiscal year 2008.
DATES: Effective September 30, 2007.
FOR FURTHER INFORMATION CONTACT:
Dianne Woods by e-mail at
Dianne.Woods@uspto.gov, by telephone
at (571) 272–6301, or by fax at (571)
273–0127.
SUPPLEMENTARY INFORMATION: This final
rule adjusts certain USPTO patent fee
amounts in accordance with the
applicable provisions of title 35, United
States Code, as amended by the
Consolidated Appropriations Act (Pub.
L. 108–447). This final rule also adjusts,
by a corresponding amount, a few
patent fee rates (37 CFR 1.17(e), (r) and
(s) that track statutory fee amounts (37
CFR 1.16(a)).
The USPTO is adjusting the patent fee
amounts established under the
Consolidated Appropriations Act, and
extended under the revised Continuing
Appropriations Resolution. Legislation
has been introduced in the Congress
that would extend the fee amount
revisions in the Consolidated
Appropriations Act, and the revised
Continuing Appropriations Resolution.
If the legislation is enacted, then this
final rule will apply. If this legislation
is not enacted, then the fee rate
adjustments will apply to the former fee
amounts in place on October 1, 2004, to
December 7, 2004 (prior to the
enactment of the Consolidated
Appropriations Act).
A proposed rule notice was published
at 71 FR 32285 on June 5, 2006, which
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Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Rules and Regulations
requested comments by July 5, 2006. No
comments were received. An incorrect
reference to National stage fees was
corrected. The USPTO delayed
implementation of the CPI fee rates
adjustment from October 1, 2006, to
September 30, 2007. During this time,
the Administration’s projected CPI–U
for the twelve-month period prior to
enactment of the fee rates adjustment
decreased from 3.5 percent to 2.8
percent. Based on the revised projected
CPI–U, patent statutory fee amounts will
be adjusted by 2.8 percent in this final
rule.
Customers may wish to refer to the
USPTO’s official Web site at https://
www.uspto.gov for the most current fee
amounts.
Background
Statutory Provisions
Patent fee amounts are authorized by
35 U.S.C. 41, 119, 120, 132(b) and 376.
For fees paid under 35 U.S.C. 41(a) and
(b) and 132(b), independent inventors,
small business concerns, and nonprofit
organizations who meet the
requirements of 35 U.S.C. 41(h)(1) are
entitled to a fifty-percent reduction.
Section 41(f) of title 35, United States
Code, provides that fee amounts
established under 35 U.S.C. 41(a) and
(b) may be adjusted on October 1, 1992,
and every year thereafter, to reflect
fluctuations in the CPI over the previous
twelve months.
Section 41(d) of title 35, United States
Code, authorizes the Director to
establish fee amounts for all other
processing, services, or materials related
to patents to recover the average cost of
providing these services or materials,
except for the fees for recording a
document affecting title, for each
photocopy, for each black and white
copy of a patent, and for standard
library service.
Section 41(g) of title 35, United States
Code, provides that new fee amounts
established by the Director under
section 41 may take effect thirty days
after notice in the Federal Register and
the Official Gazette of the United States
Patent and Trademark Office.
yshivers on PROD1PC62 with RULES
Fee Adjustment Level
The patent statutory fee amounts
established by 35 U.S.C. 41(a) and (b)
will be adjusted on September 30, 2007,
to reflect fluctuations occurring during
the twelve-month period from October
1, 2006, through September 30, 2007, in
the Consumer Price Index for All Urban
Consumers (CPI–U). The Office of
Management and Budget has advised
that in calculating these fluctuations,
the USPTO should use CPI–U data as
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15:19 Aug 21, 2007
Jkt 211001
determined by the Secretary of Labor. In
accordance with previous fee-setting
methodology, the Office bases this fee
rate adjustment on the Administration’s
projected CPI–U for the twelve-month
period ending September 30, 2007,
which is 2.8 percent. Based on this
projected CPI–U, patent statutory fee
amounts will be adjusted by 2.8 percent.
Certain patent processing fee rates
established under 35 U.S.C. 41(d), 119,
120, 132(b), 376, and Public Law 103–
465 (the Uruguay Round Agreements
Act) will be adjusted to reflect
fluctuations in the CPI.
The fee amounts were rounded by
applying standard arithmetic rules so
that the amounts rounded will be
convenient to the user. Fee rates for
other than a small entity of $100 or
more were rounded to the nearest $10.
Fee rates of less than $100 were
rounded to an even number so that any
comparable small entity fee amount will
be a whole number.
Discussion of Specific Rules
Legislation has been introduced in the
Congress that would extend the fee
revisions in the Consolidated
Appropriations Act, and the revised
Continuing Appropriations Resolution.
If the legislation is enacted, then this
final rule will apply. To ensure clarity
in the implementation of the proposed
new fee amounts, a discussion of
specific revisions is set forth below.
37 CFR 1.16 National Application
Filing, Search, and Examination Fees
Section 1.16, paragraphs (a) through
(e), and (h) through (s), are revised to
adjust fee rates established therein to
reflect fluctuations in the CPI.
37 CFR 1.17 Patent Application and
Reexamination Processing Fees
Section 1.17, paragraphs (a)(2)
through (a)(5), (e), (l), (m), and (r)
through (t), are revised to adjust fee
rates established therein to reflect
fluctuations in the CPI.
37 CFR 1.18 Patent Post Allowance
(Including Issue) Fees
Section 1.18, paragraphs (a) through
(c), are revised to adjust fee rates
established therein to reflect
fluctuations in the CPI.
37 CFR 1.20
Post Issuance Fees
Section 1.20, paragraphs (c)(3), (c)(4),
and (e) through (g), are revised to adjust
fees established therein to reflect
fluctuations in the CPI.
37 CFR 1.492
National Stage Fees
Section 1.492, paragraphs (a), (b)(2)
through (b)(4), (c)(2), (d) through (f), and
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(j), are revised to adjust fees established
therein to reflect fluctuations in the CPI.
37 CFR 41.20 Fees
Section 41.20, paragraphs (b)(1)
through (b)(3), are revised to adjust fees
established therein to reflect
fluctuations in the CPI.
Other Considerations
Paperwork Reduction Act: This final
rule involves information collection
requirements that are subject to review
by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501
et seq. The collections of information
involved in this final rule have been
reviewed and previously approved by
the OMB under the following control
numbers: 0651–0016, 0651–0021, 0651–
0031, 0651–0032, and 0651–0033. The
USPTO is not resubmitting information
collection requests to the OMB for its
review and approval because the
changes in this final rule do not affect
the information collection requirements
associated with the information
collections under these OMB control
numbers.
Notwithstanding any other provisions
of law, no person is required to respond
to nor shall a person be subject to a
penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a currently valid
OMB control number.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866. This final rule
does not contain policies with
Federalism implications sufficient to
warrant preparation of a Federalism
Assessment under Executive Order
13132 (August 4, 1999).
Regulatory Flexibility Act: For the
reasons set forth herein, The Deputy
General Counsel for General Law of the
USPTO has certified to the Chief
Counsel for Advocacy, Small Business
Administration, that the final rule
change will not have a significant
economic impact on a substantial
number of small entities (Regulatory
Flexibility Act, 5 U.S.C. 605(b)).
By statute, the USPTO’s Director is
expressly authorized to adjust fee
amounts annually to reflect fluctuations
in the CPI. See 35 U.S.C. 41(f) (certain
fees ‘‘may be adjusted by the Director on
October 1, 1992, and every year
thereafter, to reflect any fluctuations
occurring during the previous 12
months in the Consumer Price Index as
determined by the Secretary of Labor’’).
This final rule increases fee amounts to
reflect the change in the CPI as
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Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Rules and Regulations
authorized by 35 U.S.C. 41(f).
Legislation has been introduced in the
Congress that would extend the fee
amount revisions in the Consolidated
Appropriations Act and the revised
Continuing Appropriations Resolution.
If the legislation is enacted, then this
final rule will apply.
The fee amount increases will range
from a minimum of $0 to a maximum
of $110 under the final rule.
Under 35 U.S.C. 41(h)(1) small
entities are accorded a fifty-percent
reduction in most patent fee amounts.
Consequently, the small entity fee
increases will range from a minimum of
$0 to a maximum of $55 under the final
rule. The sole exception under this final
rule is the fee set forth under 37 CFR
1.17(t), which does not qualify for a
small entity fee reduction. The fee rate
increase for 37 CFR 1.17(t) is $40.
Accordingly, the final rule does not
have a significant economic impact on
a substantial number of small entities.
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$155.00
$310.00
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
(k) Search fee for each application
filed under 35 U.S.C. 111 on or after
December 8, 2004, for an original patent,
except design, plant, or provisional
applications:
$405.00
$810.00
(b) Basic fee for filing each
application for an original design
patent:
(1) For an application filed on or after
December 8, 2004:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$105.00
$210.00
(2) For an application filed before
December 8, 2004:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$180.00
$360.00
(c) Basic fee for filing each application
for an original plant patent:
(1) For an application filed on or after
December 8, 2004:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$105.00
$210.00
37 CFR Part 1
Administrative practice and
procedure, Biologics, Courts, Freedom
of information, Inventions and patents,
Reporting and recordkeeping
requirements, Small businesses.
(2) For an application filed before
December 8, 2004:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
PART 1—RULES OF PRACTICE IN
PATENT CASES
Authority: 35 U.S.C. 2(b)(2), unless
otherwise noted.
2. Section 1.16 is amended by revising
paragraphs (a) through (e), and (h)
through (s) to read as follows:
I
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§ 1.16 National application filing, search
and examination fees.
(a) Basic fee for filing each application
under 35 U.S.C. 111 for an original
patent, except design, plant, or
provisional applications:
(1) For an application filed on or after
December 8, 2004:
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15:19 Aug 21, 2007
(d) Basic fee for filing each
provisional application:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$105.00
$210.00
(e) Basic fee for filing each application
for the reissue of a patent:
(1) For an application filed on or after
December 8, 2004:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$155.00
$310.00
(2) For an application filed before
December 8, 2004:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$405.00
$810.00
*
*
*
*
(h) In addition to the basic filing fee
in an application, other than a
provisional application, for filing or
later presentation at any other time of
each claim in independent form in
excess of 3:
1. The authority citation for 37 CFR
part 1 would continue to read as
follows:
By a small entity (§ 1.27(a)) if
the application is submitted in
compliance with the Office
electronic
filing
system
(§ 1.27(b)(2)) .............................
$285.00
$570.00
*
I
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$105.00
$210.00
(i) In addition to the basic filing fee
in an application, other than a
provisional application, for filing or
later presentation at any other time of
each claim (whether dependent or
independent) in excess of 20 (note that
§ 1.75(c) indicates how multiple
dependent claims are considered for fee
calculation purposes):
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$25.00
$50.00
(j) In addition to the basic filing fee in
an application, other than a provisional
$75.00 application, that contains, or is
Jkt 211001
amended to contain, a multiple
dependent claim, per application:
(2) For an application filed before
December 8, 2004:
Lists of Subjects
37 CFR Part 41
Administrative practice and
procedure, Inventions and patents,
Lawyers.
I For the reasons set forth in the
preamble, the USPTO is proposing to
amend title 37 of the Code of Federal
Regulations, parts 1 and 41, as set forth
below.
46901
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By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$185.00
$370.00
$255.00
$510.00
(l) Search fee for each application
filed on or after December 8, 2004, for
an original design patent:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$50.00
$100.00
(m) Search fee for each application
filed on or after December 8, 2004, for
an original plant patent:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$155.00
$310.00
(n) Search fee for each application
filed on or after December 8, 2004, for
the reissue of a patent:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$255.00
$510.00
(o) Examination fee for each
application filed under 35 U.S.C. 111 on
or after December 8, 2004, for an
original patent, except design, plant, or
provisional applications:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$105.00
$210.00
(p) Examination fee for each
application filed on or after December 8,
2004, for an original design patent:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$65.00
$130.00
(q) Examination fee for each
application filed on or after December 8,
2004, for an original plant patent:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$80.00
$160.00
(r) Examination fee for each
application filed on or after December 8,
2004, for the reissue of a patent:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$310.00
$620.00
(s) Application size fee for any
application under 35 U.S.C. 111 filed on
or after December 8, 2004, the
specification and drawings of which
exceed 100 sheets of paper, for each
additional 50 sheets or fraction thereof
(see § 1.52(f) for applications submitted
in whole or in part on an electronic
medium):
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$130.00
$260.00
3. Section 1.17 is amended by revising
paragraphs (a)(2) through (a)(5), (e), (l),
(m), and (r) through (t) to read as
follows:
I
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Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Rules and Regulations
§ 1.17 Patent application and
reexamination processing fees.
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
(a) * * *
(2) For reply within second month:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$230.00
$460.00
(3) For reply within third month:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$525.00
$1,050.00
(4) For reply within fourth month:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$815.00
$1,630.00
(5) For reply within fifth month:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$1,110.00
$2,220.00
*
*
*
*
*
(e) To request continued examination
pursuant to § 1.114:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$405.00
$810.00
*
*
*
*
*
(l) For filing a petition for the revival
of an unavoidably abandoned
application under 35 U.S.C. 111, 133,
364, or 371, for the unavoidably delayed
payment of the issue fee under 35 U.S.C.
151, or for the revival of an unavoidably
terminated reexamination proceeding
under 35 U.S.C. 133 (§ 1.137(a)):
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$255.00
$510.00
(m) For filing a petition for the revival
of an unintentionally abandoned
application, for the unintentionally
delayed payment of the fee for issuing
a patent, or for the revival of an
unintentionally terminated
reexamination proceeding under 35
U.S.C. 41(a)(7) (§ 1.137(b)):
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$770.00
$1,540.00
*
*
*
*
*
(r) For entry of a submission after
final rejection under § 1.129(a):
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$405.00
$810.00
(s) For each additional invention
requested to be examined under
§ 1.129(b):
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
(t) For the acceptance of an
unintentionally delayed claim for
priority under 35 U.S.C. 119, 120, 121,
or 365(a) or (c):
(§§ 1.55 and 1.78) ........................
$1,410.0
4. Section 1.18 is amended by revising
paragraphs (a) through (c) to read as
follows:
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I
§ 1.18 Patent post allowance (including
issue) fees.
(a) Issue fee for issuing each original
patent, except a design or plant patent,
or for issuing each reissue patent:
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15:19 Aug 21, 2007
Jkt 211001
(b) Issue fee for issuing an original
design patent:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$410.00
$820.00
(c) Issue fee for issuing an original
plant patent:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$565.00
$1,130.00
*
*
*
*
*
5. Section 1.20 is amended by revising
paragraphs (c)(3), (c)(4), and (e) through
(g) to read as follows:
I
§ 1.20
Post issuance fees.
By other than a small entity .......
$3,910.00
*
*
*
*
*
6. Section 1.492 is amended by
revising paragraphs (a), (b)(2) through
(b)(4), (c)(2), (d) through (f), and (j) to
read as follows:
I
§ 1.492
National stage fees.
*
*
*
*
*
(a) The basic national fee for an
international application entering the
national stage under 35 U.S.C. 371 if the
basic national fee was not paid before
December 8, 2004:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$155.00
$310.00
*
*
*
*
(c) * * *
(3) For filing with a request for
reexamination or later presentation at
any other time of each claim in
independent form in excess of 3 and
also in excess of the number of claims
in independent form in the patent under
reexamination:
(b) * * *
(2) Where a search report on the
international application has been
prepared by the USPTO:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
*
$105.00
$210.00
(4) For filing with a request for
reexamination or later presentation at
any other time of each claim (whether
dependent or independent) in excess of
20 and also in excess of the number of
claims in the patent under
reexamination (note that § 1.75(c)
indicates how multiple dependent
claims are considered for fee calculation
purposes):
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$25.00
$50.00
*
*
*
*
*
(e) For maintaining an original or
reissue patent, except a design or plant
patent, based on an application filed on
or after December 12, 1980, in force
beyond four years, the fee being due by
three years and six months after the
original grant:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$405.00
$810.00
$720.00
$1,440.00
$465.00
$930.00
(f) For maintaining an original or
reissue patent, except a design or plant
patent, based on an application filed on
or after December 12, 1980, in force
beyond eight years, the fee being due by
seven years and six months after the
original grant:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$1,180.00
$2,360.00
(g) For maintaining an original or
reissue patent, except a design or plant
patent, based on an application filed on
or after December 12, 1980, in force
beyond twelve years, the fee being due
by eleven years and six months after the
original grant:
By a small entity (§ 1.27(a)) ........
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
$1,955.00
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$50.00
$100.00
(3) Where a search report on the
international application has been
prepared and provided to the USPTO:
$205.00
$410.00
(4) In all situations not provided for
in paragraph (b)(1) through (3) of this
section:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$255.00
$510.00
(c) * * *
(2) In all situations not provided for
in paragraph (c)(1) of this section:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$105.00
$210.00
(d) In addition to the basic national
fee, for filing or on a later presentation
at any other time of each claim in
independent form in excess of 3:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$105.00
$210.00
(e) In addition to the basic national
fee, for filing or on later presentation at
any other time of each claim (whether
dependent or independent) in excess of
20 (note that § 1.75(c) indicates how
multiple dependent claims are
considered for fee calculation purposes):
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$25.00
$50.00
(f) In addition to the basic national
fee, if the application contains, or is
amended to contain, a multiple
dependent claim, per application:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
*
$185.00
$370.00
*
*
*
*
(j) Application size fee for any
international application for which the
basic national fee was not paid before
December 8, 2004, the specification and
drawings of which exceed 100 sheets of
paper, for each additional 50 sheets or
E:\FR\FM\22AUR1.SGM
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Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Rules and Regulations
fraction thereof (see § 1.52(f) for
applications submitted in whole or in
part on an electronic medium):
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$130.00
$260.00
PART 41—PRACTICE BEFORE THE
BOARD OF PATENT APPEALS AND
INTERFERENCES
1. The authority citation for 37 CFR
part 41 would continue to read as
follows:
I
Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21,
23, 32, 41, 134, 135, unless otherwise noted.
2. Section 41.20 is amended by
revising paragraphs (b)(1) through (b)(3)
to read as follows:
I
§ 41.20
Fees.
*
*
*
*
(b) * * *
(1) For filing a notice of appeal from
the examiner to the Board:
yshivers on PROD1PC62 with RULES
*
Department of Health and
Environmental Control (SC DHEC) on
November 19, 2004, for the purpose of
incorporating EPA’s July 18, 1997,
revisions to the National Ambient Air
Quality Standards and to ensure
consistency between state and Federal
regulations. The revisions consist of the
amendments published in the South
Carolina State Register on September 24,
2004, revising Regulation 61–62.5,
Standard Number 2, Ambient Air
Quality Standards.
DATES: This direct final rule is effective
October 22, 2007 without further notice,
unless EPA receives adverse comment
by September 21, 2007. If adverse
comment is received, EPA will publish
a timely withdrawal of the direct final
rule in the Federal Register and inform
the public that the rule will not take
effect.
Submit your comments,
identified by Docket ID No. EPA–R04–
By a small entity (§ 1.27(a) of
OAR–2004–SC–200706, by one of the
this title) ...................................
$255.00 following methods:
By other than a small entity .......
$510.00
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
(2) In addition to the fee for filing a
comments.
notice of appeal, for filing a brief in
2. E-mail: ward.nacosta@epa.gov.
support of an appeal:
3. Fax: 404–562–9019.
By a small entity (§ 1.27(a) of
4. Mail: ‘‘EPA–R04–OAR–2004–SC–
this title) ...................................
$255.00
By other than a small entity .......
$510.00 0004’’, Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
(3) For filing a request for an oral
Toxics Management Division, U.S.
hearing before the Board in an appeal
Environmental Protection Agency,
under 35 U.S.C. 134:
Region 4, 61 Forsyth Street, SW.,
By a small entity (§ 1.27(a) of
Atlanta, Georgia 30303–8960.
this title) ...................................
$515.00
5. Hand Delivery or Courier: Deliver
By other than a small entity ....... $1,030.00
your comments to: Nacosta C. Ward,
Regulatory Development Section, Air
Dated: August 1, 2007.
Planning Branch, Air, Pesticides and
Jon W. Dudas,
Toxics Management Division, U.S.
Under Secretary of Commerce for Intellectual
Environmental Protection Agency,
Property and Director of the United States
Region 4, 61 Forsyth Street, SW.,
Patent and Trademark Office.
Atlanta, Georgia 30303–8960. Such
[FR Doc. E7–16574 Filed 8–21–07; 8:45 am]
deliveries are only accepted during the
BILLING CODE 3510–16–P
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
ENVIRONMENTAL PROTECTION
Friday, 8:30 a.m. to 4:30 p.m., excluding
AGENCY
federal holidays.
Instructions: Direct your comments to
40 CFR Part 52
Docket ID No. EPA–R04–OAR–2004–
[EPA–R04–OAR–2004–SC–0004–200706 (a); SC–0004. EPA’s policy is that all
FRL–8457–2]
comments received will be included in
the public docket without change and
Approval and Promulgation of
may be made available online at
Implementation Plans South Carolina:
https://www.regulations.gov, including
Revisions to Ambient Air Quality
any personal information provided,
Standards
unless the comment includes
information claimed to be Confidential
AGENCY: Environmental Protection
Business Information (CBI) or other
Agency (EPA).
information whose disclosure is
ACTION: Direct final rule.
restricted by statute. Do not submit
through https://www.regulations.gov or
SUMMARY: EPA is approving revisions to
e-mail, information that you consider to
the State Implementation Plan (SIP)
be CBI or otherwise protected. The
submitted by the South Carolina
VerDate Aug<31>2005
15:19 Aug 21, 2007
Jkt 211001
ADDRESSES:
PO 00000
Frm 00009
Fmt 4700
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46903
https://www.regulations.gov website is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Nacosta C. Ward, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9140.
Ms. Ward can also be reached via
electronic mail at
ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\22AUR1.SGM
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Agencies
[Federal Register Volume 72, Number 162 (Wednesday, August 22, 2007)]
[Rules and Regulations]
[Pages 46899-46903]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16574]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 1 and 41
[Docket No. PTO-C-2006-0015]
RIN 0651-AB81
Revision of Patent Fees for Fiscal Year 2007
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO)
(referred to as ``Office'' in this notice) is adjusting certain patent
fee amounts to reflect fluctuations in the Consumer Price Index (CPI).
Also, the Office is adjusting, by a corresponding amount, a few patent
fee rates that track the affected fee amounts. The Director is
authorized to adjust these fee amounts annually by the CPI to recover
the higher costs associated with doing business.
The USPTO is adjusting the patent fee amounts under the
Consolidated Appropriations Act, 2005 (Consolidated Appropriations
Act), which revised certain patent fee rates, and provided for a search
fee and examination fee separate from the filing fee, during fiscal
years 2005 and 2006; and continued in fiscal year 2007 under the
revised Continuing Appropriations Resolution, 2007 (Continuing
Appropriations Resolution). Legislation has been introduced that would
extend the fee rate revisions in the Consolidated Appropriations Act.
In the event legislation is not enacted to continue the patent fee
amounts under the Consolidated Appropriations Act, the USPTO will be
adjusting patent statutory fee rates that were in application prior to
implementation of the Consolidated Appropriations Act. The prior fee
rates, adjusted for CPI, will be effective for fiscal year 2008.
DATES: Effective September 30, 2007.
FOR FURTHER INFORMATION CONTACT: Dianne Woods by e-mail at
Dianne.Woods@uspto.gov, by telephone at (571) 272-6301, or by fax at
(571) 273-0127.
SUPPLEMENTARY INFORMATION: This final rule adjusts certain USPTO patent
fee amounts in accordance with the applicable provisions of title 35,
United States Code, as amended by the Consolidated Appropriations Act
(Pub. L. 108-447). This final rule also adjusts, by a corresponding
amount, a few patent fee rates (37 CFR 1.17(e), (r) and (s) that track
statutory fee amounts (37 CFR 1.16(a)).
The USPTO is adjusting the patent fee amounts established under the
Consolidated Appropriations Act, and extended under the revised
Continuing Appropriations Resolution. Legislation has been introduced
in the Congress that would extend the fee amount revisions in the
Consolidated Appropriations Act, and the revised Continuing
Appropriations Resolution. If the legislation is enacted, then this
final rule will apply. If this legislation is not enacted, then the fee
rate adjustments will apply to the former fee amounts in place on
October 1, 2004, to December 7, 2004 (prior to the enactment of the
Consolidated Appropriations Act).
A proposed rule notice was published at 71 FR 32285 on June 5,
2006, which
[[Page 46900]]
requested comments by July 5, 2006. No comments were received. An
incorrect reference to National stage fees was corrected. The USPTO
delayed implementation of the CPI fee rates adjustment from October 1,
2006, to September 30, 2007. During this time, the Administration's
projected CPI-U for the twelve-month period prior to enactment of the
fee rates adjustment decreased from 3.5 percent to 2.8 percent. Based
on the revised projected CPI-U, patent statutory fee amounts will be
adjusted by 2.8 percent in this final rule.
Customers may wish to refer to the USPTO's official Web site at
https://www.uspto.gov for the most current fee amounts.
Background
Statutory Provisions
Patent fee amounts are authorized by 35 U.S.C. 41, 119, 120, 132(b)
and 376. For fees paid under 35 U.S.C. 41(a) and (b) and 132(b),
independent inventors, small business concerns, and nonprofit
organizations who meet the requirements of 35 U.S.C. 41(h)(1) are
entitled to a fifty-percent reduction.
Section 41(f) of title 35, United States Code, provides that fee
amounts established under 35 U.S.C. 41(a) and (b) may be adjusted on
October 1, 1992, and every year thereafter, to reflect fluctuations in
the CPI over the previous twelve months.
Section 41(d) of title 35, United States Code, authorizes the
Director to establish fee amounts for all other processing, services,
or materials related to patents to recover the average cost of
providing these services or materials, except for the fees for
recording a document affecting title, for each photocopy, for each
black and white copy of a patent, and for standard library service.
Section 41(g) of title 35, United States Code, provides that new
fee amounts established by the Director under section 41 may take
effect thirty days after notice in the Federal Register and the
Official Gazette of the United States Patent and Trademark Office.
Fee Adjustment Level
The patent statutory fee amounts established by 35 U.S.C. 41(a) and
(b) will be adjusted on September 30, 2007, to reflect fluctuations
occurring during the twelve-month period from October 1, 2006, through
September 30, 2007, in the Consumer Price Index for All Urban Consumers
(CPI-U). The Office of Management and Budget has advised that in
calculating these fluctuations, the USPTO should use CPI-U data as
determined by the Secretary of Labor. In accordance with previous fee-
setting methodology, the Office bases this fee rate adjustment on the
Administration's projected CPI-U for the twelve-month period ending
September 30, 2007, which is 2.8 percent. Based on this projected CPI-
U, patent statutory fee amounts will be adjusted by 2.8 percent.
Certain patent processing fee rates established under 35 U.S.C.
41(d), 119, 120, 132(b), 376, and Public Law 103-465 (the Uruguay Round
Agreements Act) will be adjusted to reflect fluctuations in the CPI.
The fee amounts were rounded by applying standard arithmetic rules
so that the amounts rounded will be convenient to the user. Fee rates
for other than a small entity of $100 or more were rounded to the
nearest $10. Fee rates of less than $100 were rounded to an even number
so that any comparable small entity fee amount will be a whole number.
Discussion of Specific Rules
Legislation has been introduced in the Congress that would extend
the fee revisions in the Consolidated Appropriations Act, and the
revised Continuing Appropriations Resolution. If the legislation is
enacted, then this final rule will apply. To ensure clarity in the
implementation of the proposed new fee amounts, a discussion of
specific revisions is set forth below.
37 CFR 1.16 National Application Filing, Search, and Examination Fees
Section 1.16, paragraphs (a) through (e), and (h) through (s), are
revised to adjust fee rates established therein to reflect fluctuations
in the CPI.
37 CFR 1.17 Patent Application and Reexamination Processing Fees
Section 1.17, paragraphs (a)(2) through (a)(5), (e), (l), (m), and
(r) through (t), are revised to adjust fee rates established therein to
reflect fluctuations in the CPI.
37 CFR 1.18 Patent Post Allowance (Including Issue) Fees
Section 1.18, paragraphs (a) through (c), are revised to adjust fee
rates established therein to reflect fluctuations in the CPI.
37 CFR 1.20 Post Issuance Fees
Section 1.20, paragraphs (c)(3), (c)(4), and (e) through (g), are
revised to adjust fees established therein to reflect fluctuations in
the CPI.
37 CFR 1.492 National Stage Fees
Section 1.492, paragraphs (a), (b)(2) through (b)(4), (c)(2), (d)
through (f), and (j), are revised to adjust fees established therein to
reflect fluctuations in the CPI.
37 CFR 41.20 Fees
Section 41.20, paragraphs (b)(1) through (b)(3), are revised to
adjust fees established therein to reflect fluctuations in the CPI.
Other Considerations
Paperwork Reduction Act: This final rule involves information
collection requirements that are subject to review by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995,
44 U.S.C. 3501 et seq. The collections of information involved in this
final rule have been reviewed and previously approved by the OMB under
the following control numbers: 0651-0016, 0651-0021, 0651-0031, 0651-
0032, and 0651-0033. The USPTO is not resubmitting information
collection requests to the OMB for its review and approval because the
changes in this final rule do not affect the information collection
requirements associated with the information collections under these
OMB control numbers.
Notwithstanding any other provisions of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a currently valid OMB control number.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. This final rule does not contain
policies with Federalism implications sufficient to warrant preparation
of a Federalism Assessment under Executive Order 13132 (August 4,
1999).
Regulatory Flexibility Act: For the reasons set forth herein, The
Deputy General Counsel for General Law of the USPTO has certified to
the Chief Counsel for Advocacy, Small Business Administration, that the
final rule change will not have a significant economic impact on a
substantial number of small entities (Regulatory Flexibility Act, 5
U.S.C. 605(b)).
By statute, the USPTO's Director is expressly authorized to adjust
fee amounts annually to reflect fluctuations in the CPI. See 35 U.S.C.
41(f) (certain fees ``may be adjusted by the Director on October 1,
1992, and every year thereafter, to reflect any fluctuations occurring
during the previous 12 months in the Consumer Price Index as determined
by the Secretary of Labor''). This final rule increases fee amounts to
reflect the change in the CPI as
[[Page 46901]]
authorized by 35 U.S.C. 41(f). Legislation has been introduced in the
Congress that would extend the fee amount revisions in the Consolidated
Appropriations Act and the revised Continuing Appropriations
Resolution. If the legislation is enacted, then this final rule will
apply.
The fee amount increases will range from a minimum of $0 to a
maximum of $110 under the final rule.
Under 35 U.S.C. 41(h)(1) small entities are accorded a fifty-
percent reduction in most patent fee amounts. Consequently, the small
entity fee increases will range from a minimum of $0 to a maximum of
$55 under the final rule. The sole exception under this final rule is
the fee set forth under 37 CFR 1.17(t), which does not qualify for a
small entity fee reduction. The fee rate increase for 37 CFR 1.17(t) is
$40.
Accordingly, the final rule does not have a significant economic
impact on a substantial number of small entities.
Lists of Subjects
37 CFR Part 1
Administrative practice and procedure, Biologics, Courts, Freedom
of information, Inventions and patents, Reporting and recordkeeping
requirements, Small businesses.
37 CFR Part 41
Administrative practice and procedure, Inventions and patents,
Lawyers.
0
For the reasons set forth in the preamble, the USPTO is proposing to
amend title 37 of the Code of Federal Regulations, parts 1 and 41, as
set forth below.
PART 1--RULES OF PRACTICE IN PATENT CASES
0
1. The authority citation for 37 CFR part 1 would continue to read as
follows:
Authority: 35 U.S.C. 2(b)(2), unless otherwise noted.
0
2. Section 1.16 is amended by revising paragraphs (a) through (e), and
(h) through (s) to read as follows:
Sec. 1.16 National application filing, search and examination fees.
(a) Basic fee for filing each application under 35 U.S.C. 111 for
an original patent, except design, plant, or provisional applications:
(1) For an application filed on or after December 8, 2004:
By a small entity (Sec. 1.27(a)) if the application is $75.00
submitted in compliance with the Office electronic filing
system (Sec. 1.27(b)(2))..................................
By a small entity (Sec. 1.27(a))........................... $155.00
By other than a small entity................................. $310.00
(2) For an application filed before December 8, 2004:
By a small entity (Sec. 1.27(a))........................... $405.00
By other than a small entity................................. $810.00
(b) Basic fee for filing each application for an original design
patent:
(1) For an application filed on or after December 8, 2004:
By a small entity (Sec. 1.27(a))........................... $105.00
By other than a small entity................................. $210.00
(2) For an application filed before December 8, 2004:
By a small entity (Sec. 1.27(a))........................... $180.00
By other than a small entity................................. $360.00
(c) Basic fee for filing each application for an original plant
patent:
(1) For an application filed on or after December 8, 2004:
By a small entity (Sec. 1.27(a))........................... $105.00
By other than a small entity................................. $210.00
(2) For an application filed before December 8, 2004:
By a small entity (Sec. 1.27(a))........................... $285.00
By other than a small entity................................. $570.00
(d) Basic fee for filing each provisional application:
By a small entity (Sec. 1.27(a))........................... $105.00
By other than a small entity................................. $210.00
(e) Basic fee for filing each application for the reissue of a
patent:
(1) For an application filed on or after December 8, 2004:
By a small entity (Sec. 1.27(a))........................... $155.00
By other than a small entity................................. $310.00
(2) For an application filed before December 8, 2004:
By a small entity (Sec. 1.27(a))........................... $405.00
By other than a small entity................................. $810.00
* * * * *
(h) In addition to the basic filing fee in an application, other
than a provisional application, for filing or later presentation at any
other time of each claim in independent form in excess of 3:
By a small entity (Sec. 1.27(a))........................... $105.00
By other than a small entity................................. $210.00
(i) In addition to the basic filing fee in an application, other
than a provisional application, for filing or later presentation at any
other time of each claim (whether dependent or independent) in excess
of 20 (note that Sec. 1.75(c) indicates how multiple dependent claims
are considered for fee calculation purposes):
By a small entity (Sec. 1.27(a))........................... $25.00
By other than a small entity................................. $50.00
(j) In addition to the basic filing fee in an application, other
than a provisional application, that contains, or is amended to
contain, a multiple dependent claim, per application:
By a small entity (Sec. 1.27(a))........................... $185.00
By other than a small entity................................. $370.00
(k) Search fee for each application filed under 35 U.S.C. 111 on or
after December 8, 2004, for an original patent, except design, plant,
or provisional applications:
By a small entity (Sec. 1.27(a))........................... $255.00
By other than a small entity................................. $510.00
(l) Search fee for each application filed on or after December 8,
2004, for an original design patent:
By a small entity (Sec. 1.27(a))........................... $50.00
By other than a small entity................................. $100.00
(m) Search fee for each application filed on or after December 8,
2004, for an original plant patent:
By a small entity (Sec. 1.27(a))........................... $155.00
By other than a small entity................................. $310.00
(n) Search fee for each application filed on or after December 8,
2004, for the reissue of a patent:
By a small entity (Sec. 1.27(a))........................... $255.00
By other than a small entity................................. $510.00
(o) Examination fee for each application filed under 35 U.S.C. 111
on or after December 8, 2004, for an original patent, except design,
plant, or provisional applications:
By a small entity (Sec. 1.27(a))........................... $105.00
By other than a small entity................................. $210.00
(p) Examination fee for each application filed on or after December
8, 2004, for an original design patent:
By a small entity (Sec. 1.27(a))........................... $65.00
By other than a small entity................................. $130.00
(q) Examination fee for each application filed on or after December
8, 2004, for an original plant patent:
By a small entity (Sec. 1.27(a))........................... $80.00
By other than a small entity................................. $160.00
(r) Examination fee for each application filed on or after December
8, 2004, for the reissue of a patent:
By a small entity (Sec. 1.27(a))........................... $310.00
By other than a small entity................................. $620.00
(s) Application size fee for any application under 35 U.S.C. 111
filed on or after December 8, 2004, the specification and drawings of
which exceed 100 sheets of paper, for each additional 50 sheets or
fraction thereof (see Sec. 1.52(f) for applications submitted in whole
or in part on an electronic medium):
By a small entity (Sec. 1.27(a))........................... $130.00
By other than a small entity................................. $260.00
0
3. Section 1.17 is amended by revising paragraphs (a)(2) through
(a)(5), (e), (l), (m), and (r) through (t) to read as follows:
[[Page 46902]]
Sec. 1.17 Patent application and reexamination processing fees.
(a) * * *
(2) For reply within second month:
By a small entity (Sec. 1.27(a))........................... $230.00
By other than a small entity................................. $460.00
(3) For reply within third month:
By a small entity (Sec. 1.27(a))........................... $525.00
By other than a small entity................................. $1,050.00
(4) For reply within fourth month:
By a small entity (Sec. 1.27(a))........................... $815.00
By other than a small entity................................. $1,630.00
(5) For reply within fifth month:
By a small entity (Sec. 1.27(a))........................... $1,110.00
By other than a small entity................................. $2,220.00
* * * * *
(e) To request continued examination pursuant to Sec. 1.114:
By a small entity (Sec. 1.27(a))........................... $405.00
By other than a small entity................................. $810.00
* * * * *
(l) For filing a petition for the revival of an unavoidably
abandoned application under 35 U.S.C. 111, 133, 364, or 371, for the
unavoidably delayed payment of the issue fee under 35 U.S.C. 151, or
for the revival of an unavoidably terminated reexamination proceeding
under 35 U.S.C. 133 (Sec. 1.137(a)):
By a small entity (Sec. 1.27(a))........................... $255.00
By other than a small entity................................. $510.00
(m) For filing a petition for the revival of an unintentionally
abandoned application, for the unintentionally delayed payment of the
fee for issuing a patent, or for the revival of an unintentionally
terminated reexamination proceeding under 35 U.S.C. 41(a)(7) (Sec.
1.137(b)):
By a small entity (Sec. 1.27(a))........................... $770.00
By other than a small entity................................. $1,540.00
* * * * *
(r) For entry of a submission after final rejection under Sec.
1.129(a):
By a small entity (Sec. 1.27(a))........................... $405.00
By other than a small entity................................. $810.00
(s) For each additional invention requested to be examined under
Sec. 1.129(b):
By a small entity (Sec. 1.27(a))........................... $405.00
By other than a small entity................................. $810.00
(t) For the acceptance of an unintentionally delayed claim for
priority under 35 U.S.C. 119, 120, 121, or 365(a) or (c):
(Sec. Sec. 1.55 and 1.78)................................. $1,410.0
0
4. Section 1.18 is amended by revising paragraphs (a) through (c) to
read as follows:
Sec. 1.18 Patent post allowance (including issue) fees.
(a) Issue fee for issuing each original patent, except a design or
plant patent, or for issuing each reissue patent:
By a small entity (Sec. 1.27(a))........................... $720.00
By other than a small entity................................. $1,440.00
(b) Issue fee for issuing an original design patent:
By a small entity (Sec. 1.27(a))........................... $410.00
By other than a small entity................................. $820.00
(c) Issue fee for issuing an original plant patent:
By a small entity (Sec. 1.27(a))........................... $565.00
By other than a small entity................................. $1,130.00
* * * * *
0
5. Section 1.20 is amended by revising paragraphs (c)(3), (c)(4), and
(e) through (g) to read as follows:
Sec. 1.20 Post issuance fees.
* * * * *
(c) * * *
(3) For filing with a request for reexamination or later
presentation at any other time of each claim in independent form in
excess of 3 and also in excess of the number of claims in independent
form in the patent under reexamination:
By a small entity (Sec. 1.27(a))........................... $105.00
By other than a small entity................................. $210.00
(4) For filing with a request for reexamination or later
presentation at any other time of each claim (whether dependent or
independent) in excess of 20 and also in excess of the number of claims
in the patent under reexamination (note that Sec. 1.75(c) indicates
how multiple dependent claims are considered for fee calculation
purposes):
By a small entity (Sec. 1.27(a))........................... $25.00
By other than a small entity................................. $50.00
* * * * *
(e) For maintaining an original or reissue patent, except a design
or plant patent, based on an application filed on or after December 12,
1980, in force beyond four years, the fee being due by three years and
six months after the original grant:
By a small entity (Sec. 1.27(a))........................... $465.00
By other than a small entity................................. $930.00
(f) For maintaining an original or reissue patent, except a design
or plant patent, based on an application filed on or after December 12,
1980, in force beyond eight years, the fee being due by seven years and
six months after the original grant:
By a small entity (Sec. 1.27(a))........................... $1,180.00
By other than a small entity................................. $2,360.00
(g) For maintaining an original or reissue patent, except a design
or plant patent, based on an application filed on or after December 12,
1980, in force beyond twelve years, the fee being due by eleven years
and six months after the original grant:
By a small entity (Sec. 1.27(a))........................... $1,955.00
By other than a small entity................................. $3,910.00
* * * * *
0
6. Section 1.492 is amended by revising paragraphs (a), (b)(2) through
(b)(4), (c)(2), (d) through (f), and (j) to read as follows:
Sec. 1.492 National stage fees.
* * * * *
(a) The basic national fee for an international application
entering the national stage under 35 U.S.C. 371 if the basic national
fee was not paid before December 8, 2004:
By a small entity (Sec. 1.27(a))........................... $155.00
By other than a small entity................................. $310.00
(b) * * *
(2) Where a search report on the international application has been
prepared by the USPTO:
By a small entity (Sec. 1.27(a))........................... $50.00
By other than a small entity................................. $100.00
(3) Where a search report on the international application has been
prepared and provided to the USPTO:
By a small entity (Sec. 1.27(a))........................... $205.00
By other than a small entity................................. $410.00
(4) In all situations not provided for in paragraph (b)(1) through
(3) of this section:
By a small entity (Sec. 1.27(a))........................... $255.00
By other than a small entity................................. $510.00
(c) * * *
(2) In all situations not provided for in paragraph (c)(1) of this
section:
By a small entity (Sec. 1.27(a))........................... $105.00
By other than a small entity................................. $210.00
(d) In addition to the basic national fee, for filing or on a later
presentation at any other time of each claim in independent form in
excess of 3:
By a small entity (Sec. 1.27(a))........................... $105.00
By other than a small entity................................. $210.00
(e) In addition to the basic national fee, for filing or on later
presentation at any other time of each claim (whether dependent or
independent) in excess of 20 (note that Sec. 1.75(c) indicates how
multiple dependent claims are considered for fee calculation purposes):
By a small entity (Sec. 1.27(a))........................... $25.00
By other than a small entity................................. $50.00
(f) In addition to the basic national fee, if the application
contains, or is amended to contain, a multiple dependent claim, per
application:
By a small entity (Sec. 1.27(a))........................... $185.00
By other than a small entity................................. $370.00
* * * * *
(j) Application size fee for any international application for
which the basic national fee was not paid before December 8, 2004, the
specification and drawings of which exceed 100 sheets of paper, for
each additional 50 sheets or
[[Page 46903]]
fraction thereof (see Sec. 1.52(f) for applications submitted in whole
or in part on an electronic medium):
By a small entity (Sec. 1.27(a))........................... $130.00
By other than a small entity................................. $260.00
PART 41--PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND
INTERFERENCES
0
1. The authority citation for 37 CFR part 41 would continue to read as
follows:
Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134,
135, unless otherwise noted.
0
2. Section 41.20 is amended by revising paragraphs (b)(1) through
(b)(3) to read as follows:
Sec. 41.20 Fees.
* * * * *
(b) * * *
(1) For filing a notice of appeal from the examiner to the Board:
By a small entity (Sec. 1.27(a) of this title)............. $255.00
By other than a small entity................................. $510.00
(2) In addition to the fee for filing a notice of appeal, for
filing a brief in support of an appeal:
By a small entity (Sec. 1.27(a) of this title)............. $255.00
By other than a small entity................................. $510.00
(3) For filing a request for an oral hearing before the Board in an
appeal under 35 U.S.C. 134:
By a small entity (Sec. 1.27(a) of this title)............. $515.00
By other than a small entity................................. $1,030.00
Dated: August 1, 2007.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. E7-16574 Filed 8-21-07; 8:45 am]
BILLING CODE 3510-16-P