Revision of Patent Fees for Fiscal Year 2009, 31655-31663 [E8-12364]
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Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Proposed Rules
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule will not affect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This proposed rule is not an
economically significant rule and will
not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it does not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Energy Effects
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We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.1D which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f) and
have made a preliminary determination
that this action is not likely to have a
significant effect on the human
environment. There are no factors in
this case that would limit the use of a
categorical exclusion under section
2.B.2 of the Instruction. A preliminary
‘‘Environmental Analysis Check List’’
supporting this determination is
available in the docket under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 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:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, 160.5; Pub. L. 107–
295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
2. Add § 165.1323 to read as follows:
Technical Standards
§ 165.1323 Regulated Navigation Area:
Willamette River Portland, Oregon Captain
of the Port Zone.
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
(a) Location. The following is a
regulated navigation area (RNA): All
waters of the Willamette River
encompassed by a line commencing at
45°34′33″ N, 122°44′17″ W to 45°34′32″
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N, 122°44′18″ W thence to 45°34′35″ N,
122°44′24″ W thence to 45°34′35″ N,
122°44′27″ W thence to 45°34′35″ N,
122°44′36″ W thence to 45°34′35″ N,
122°44′37″ W thence to 45°34′38″ N,
122°44′42″ W to 45°34′39″ N, 122°44′43″
W thence to 45°34′44″ N, 122°44′51″ W
thence to 45°34′45″ N, 122°44′53″ W
thence to 45°34′47″ N, 122°44′51″ W
thence to 45°34′45″ N, 122°44′46″ W to
45°34′45″ N, 122°44′45″ W thence to
45°34′47″ N, 122°44′43″ W thence to
45°34′46″ N, 122°44′42″ W thence to
45°34′48″ N, 122°44′40″ W thence to
45°34′48″ N, 122°44′38″ W and along
the shoreline to 45°34′46″ N, 122°44′39″
W and back to the point of origin. All
coordinates reference 1983 North
American Datum (NAD 83).
(b) Regulations. (1) Anchoring,
spudding, dredging, laying cable,
dragging, trawling, conducting salvage
operations, operating commercial
vessels of any size, and operating
recreational vessels greater than 30 feet
in length are prohibited in the regulated
area.
(2) All vessels transiting or accessing
the regulated area shall do so at no wake
speed or at the minimum speed
necessary to maintain steerage.
Dated: May 6, 2008.
J.P. Currier,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. E8–12147 Filed 6–2–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 1 and 41
[Docket No. PTO–C02008–0004]
RIN 0651–AC21
Revision of Patent Fees for Fiscal Year
2009
United States Patent and
Trademark Office, Commerce.
ACTION: Proposed rule.
AGENCY:
SUMMARY: The United States Patent and
Trademark Office (Office) is proposing
to adjust certain patent fee amounts for
fiscal year 2009 to reflect fluctuations in
the Consumer Price Index (CPI). The
patent statute provides for the annual
CPI adjustment of patent fees set by
statute to recover the higher costs
associated with doing business.
DATES: Written comments must be
received on or before July 3, 2008. No
public hearing will be held.
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Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Proposed Rules
You may submit comments,
identified by RIN number RIN 0651–
AC21, by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
Walter.Schlueter@uspto.gov. Include
RIN number RIN 0651–AC21 in the
subject line of the message.
• Fax: (571) 273–6299, marked to the
attention of Walter Schlueter.
• Mail: Director of the U.S. Patent and
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450, marked to
the attention of Walter Schlueter.
Instructions: All submissions received
must include the agency name and
Regulatory Information Number (RIN)
for this proposed rule making. For
additional information on the rule
making process, see the heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Walter Schlueter by e-mail at
Walter.Schlueter@uspto.gov, by
telephone at (571) 272–6299, or by fax
at (571) 273–6299.
SUPPLEMENTARY INFORMATION: The Office
is proposing to adjust certain patent fees
in accordance with the applicable
provisions of title 35, United States
Code, as amended by the Consolidated
Appropriations Act (Pub. L. 108–447,
118 Stat. 2809 (2004)).
Background: Statutory Provisions:
Patent fees are set by or under the
authority provided in 35 U.S.C. 41, 119,
120, 132(b), 156, 157(a), 255, 302, 311,
376, section 532(a)(2) of the Uruguay
Round Agreements Act (URAA) (Pub. L.
103–465, § 532(a)(2), 108 Stat. 4809,
4985 (1994)), and section 4506 of the
American Inventors Protection Act of
1999 (AIPA) (Pub. L. 106–113, 113 Stat.
1501, 1501A–565 (1999)). 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(d) of title 35, United States
Code, authorizes the Director to
establish fees 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(f) of title 35, United States
Code, provides that fees 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
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ADDRESSES:
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the CPI over the previous twelve
months.
Section 41(g) of title 35, United States
Code, provides that new fee amounts
established by the Director under 35
U.S.C. 41 may take effect thirty days
after notice in the Federal Register and
the Official Gazette of the United States
Patent and Trademark Office.
The fiscal year 2005 Consolidated
Appropriations Act (section 801 of
Division B) provided that 35 U.S.C.
41(a), (b), and (d) shall be administered
in a manner that revises patent
application fees (35 U.S.C. 41(a)) and
patent maintenance fees (35 U.S.C.
41(b)), and provides for a separate filing
fee (35 U.S.C. 41(a)), search fee (35
U.S.C. 41(d)(1)), and examination fee
(35 U.S.C. 41(a)(3)) during fiscal years
2005 and 2006. See Pub. L. 108–447,
118 Stat. 2809, 2924–30 (2004). The
patent and trademark fee provisions of
the fiscal year 2005 Consolidated
Appropriations Act were extended
through September 30, 2008, by
subsequent legislation. See Pub. L. 110–
161, 121 Stat. 1844 (2007), Pub. L. 110–
149, 121 Stat. 1819 (2007), Pub. L. 110–
137, 121 Stat. 1454 (2007), Pub. L. 110–
116, 121 Stat. 1295 (2007), Pub. L. 110–
92, 121 Stat. 989 (2007), Pub. L. 110–5,
121 Stat. 8 (2007), Pub. L. 109–383, 120
Stat. 2678 (2006), Pub. L. 109–369, 120
Stat. 2642 (2006), and Pub. L. 109–289,
120 Stat. 1257 (2006). The Office
anticipates the introduction and
enactment of legislation that would
extend the patent and trademark fee
provisions of the fiscal year 2005
Consolidated Appropriations Act
through fiscal year 2009.
Fee Adjustment Level: The patent
statutory fees established by 35 U.S.C.
41(a) and (b) are proposed to be adjusted
to reflect fluctuations occurring during
the twelve-month period from October
1, 2007, through September 30, 2008,
correspondingly, 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 Office should use CPI–
U data as determined by the Secretary
of Labor. In accordance with previous
fee-setting methodology, the Office
bases this fee adjustment on the
Administration’s projected CPI–U for
the twelve-month period ending
September 30, 2008, which is 4.0
percent. Based on this projected CPI–U,
patent statutory fees are proposed to be
adjusted by 4.0 percent. Before the final
fee amounts are published, the fee
amounts may be adjusted based on
actual fluctuations in the CPI–U
published by the Secretary of Labor.
The fee amounts were rounded by
applying standard arithmetic rules so
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that the amounts rounded will be
convenient to the user. Fees for other
than a small entity of $100 or more were
rounded to the nearest $10. Fees of less
than $100 were rounded to an even
number so that any comparable small
entity fee will be a whole number.
General Procedures: Any fee amount
that is paid on or after the effective date
of the proposed fee adjustment would
be subject to the new fees then in effect.
The amount of the fee to be paid will
be determined by the time of filing. The
time of filing will be determined either
according to the date of receipt in the
Office (37 CFR 1.6) or the date reflected
on a proper Certificate of Mailing or
Transmission, where such a certificate
is authorized under 37 CFR 1.8. Use of
a Certificate of Mailing or Transmission
is not authorized for items that are
specifically excluded from the
provisions of 37 CFR 1.8. Items for
which a Certificate of Mailing or
Transmission under 37 CFR 1.8 is not
authorized include, for example, filing
of national and international
applications for patents. See 37 CFR
1.8(a)(2).
Patent-related correspondence
delivered by the ‘‘Express Mail Post
Office to Addressee’’ service of the
United States Postal Service (USPS) is
considered filed or received in the
Office on the date of deposit with the
USPS. See 37 CFR 1.10(a)(1). The date
of deposit with the USPS is shown by
the ‘‘date-in’’ on the ‘‘Express Mail’’
mailing label or other official USPS
notation.
To ensure clarity in the
implementation of the proposed new
fees, a discussion of specific sections is
set forth below.
Discussion of Specific Rules
37 CFR 1.16 National application
filing, search, and examination fees:
Section 1.16, paragraphs (a) through (e),
(h) through (k), and (m) through (s), if
revised as proposed, would adjust fees
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), (l),
and (m), if revised as proposed, would
adjust fees 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), if revised as
proposed, would adjust fees established
therein to reflect fluctuations in the CPI.
37 CFR 1.20 Post issuance fees:
Section 1.20, paragraphs (c)(3), (c)(4),
and (d) through (g), if revised as
proposed, would adjust fees established
therein to reflect fluctuations in the CPI.
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Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Proposed Rules
37 CFR 1.492 National stage fees:
Section 1.492, paragraphs (a), (b)(3),
(b)(4), (c)(2), (d) through (f), and (j), if
revised as proposed, would adjust fees
established therein to reflect
fluctuations in the CPI.
37 CFR 41.20 Fees: Section 41.20,
paragraphs (b)(1) through (b)(3), if
revised as proposed, would adjust fees
established therein to reflect
fluctuations in the CPI.
Alternative Fee Amounts if Legislation
Extending the Patent and Trademark
Fee Provisions of the Fiscal Year 2005
Consolidated Appropriations Act is Not
Enacted: If legislation that would extend
the patent and trademark fee provisions
of the fiscal year 2005 Consolidated
Appropriations Act into fiscal year 2009
is not enacted, patent fees under 35
U.S.C. 41(a), (b), and (d) will become the
patent fees in effect in the absence of the
fiscal year 2005 Consolidated
Appropriations Act. The Office is
therefore also proposing to adjust the
31657
patent fees under 35 U.S.C. 41(a), (b),
and (d) that would be in effect in the
absence of the fiscal year 2005
Consolidated Appropriations Act for
fiscal year 2009 to reflect fluctuations in
the Consumer Price Index (CPI). The
following table (Table 1) sets out the
proposed fee amounts in the event that
legislation extending the patent and
trademark fee provisions of the fiscal
year 2005 Consolidated Appropriations
Act into fiscal year 2009 is not enacted.
TABLE 1
Proposed fee
amount (non-small
entity)
37 CFR sec.
Fee
1.16(a) ..........................................
1.16(b) ..........................................
1.16(d) ..........................................
1.16(f) ...........................................
1.16(g) ..........................................
1.16(h) ..........................................
1.16(i) ...........................................
1.16(k) ..........................................
1.17(a)(2) .....................................
1.17(a)(3) .....................................
1.17(a)(4) .....................................
1.17(a)(5) .....................................
1.17(m) .........................................
1.18(a) ..........................................
1.18(b) ..........................................
1.18(c) ..........................................
1.20(e) ..........................................
1.20(f) ...........................................
1.20(g) ..........................................
1.492(a)(1) ...................................
1.492(a)(2) ...................................
1.492(a)(3) ...................................
1.492(a)(5) ...................................
1.492(b) ........................................
1.492(d) ........................................
41.20(b)(1) ...................................
41.20(b)(2) ...................................
41.20(b)(3) ...................................
Basic filing fee—utility application .....................................................
Independent claims in excess of three .............................................
Multiple dependent claim ..................................................................
Basic filing fee—design application ..................................................
Basic filing fee—plant application .....................................................
Basic filing fee—reissue application .................................................
Independent claims in excess of three—reissue ..............................
Basic filing fee—provisional application ............................................
Extension for response within second month ...................................
Extension for response within third month .......................................
Extension for response within fourth month .....................................
Extension for response within fifth month .........................................
Petition to revive—unintentionally abandoned application ...............
Issue fee—utility application .............................................................
Issue fee—design application ...........................................................
Issue fee—plant application ..............................................................
Maintenance fee—due at 3.5 years ..................................................
Maintenance fee—due at 7.5 years ..................................................
Maintenance fee—due at 11.5 years ................................................
IPEA—U.S. ........................................................................................
ISA—U.S. ..........................................................................................
USPTO not ISA or IPEA ...................................................................
Filing with EPO or JPO search report ..............................................
Independent claims in excess of three .............................................
Multiple dependent claim ..................................................................
Notice of appeal ................................................................................
Brief in support of an appeal ............................................................
Request for oral hearing ...................................................................
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Rulemaking Considerations
A. Initial Regulatory Flexibility Analysis
1. Description of the reasons that
action by the agency is being
considered: The Office is proposing to
adjust the patent fees set under 35
U.S.C. 41(a) and (b) to ensure proper
funding for effective Office operations.
The patent fee CPI adjustment is a
routine adjustment that has generally
occurred on an annual basis to recover
the higher costs of Office’s operations
that occur due to the increase in the
price of products and services. The lack
of proper funding for effective Office
operations would result in a significant
increase in patent pendency levels.
2. Succinct statement of the objectives
of, and legal basis for, the proposed
rules: The objective of the proposed
change is to adjust patent fees set under
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35 U.S.C. 41(a) and (b) to recover the
higher costs of Office operations. Patent
fees are set by or under the authority
provided in 35 U.S.C. 41, 119, 120,
132(b), 156, 157(a), 255, 302, 311, 376,
section 532(a)(2) of the URAA, and 4506
of the AIPA. 35 U.S.C. 41(f) provides
that fees established under 35 U.S.C.
41(a) and (b) may be adjusted every year
to reflect fluctuations in the CPI over the
previous twelve months.
3. Description and estimate of the
number of affected small entities: The
Small Business Administration (SBA)
small business size standards applicable
to most analyses conducted to comply
with the Regulatory Flexibility Act are
set forth in 13 CFR 121.201. These
regulations generally define small
businesses as those with fewer than a
maximum number of employees or less
than a specified level of annual receipts
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$840.00
94.00
320.00
370.00
590.00
840.00
94.00
170.00
460.00
1,050.00
1,640.00
2,230.00
1,470.00
1,470.00
520.00
710.00
1,010.00
2,300.00
3,550.00
800.00
840.00
1,190.00
1,020.00
94.00
320.00
360.00
360.00
320.00
Proposed fee
amount (small
entity)
$420.00
47.00
160.00
185.00
295.00
420.00
47.00
85.00
230.00
525.00
820.00
1,115.00
735.00
735.00
260.00
355.00
505.00
1,150.00
1,775.00
400.00
420.00
595.00
510.00
47.00
160.00
180.00
180.00
160.00
for the entity’s industrial sector or North
American Industry Classification
System (NAICS) code. The Office,
however, has formally adopted an
alternate size standard as the size
standard for the purpose of conducting
an analysis or making a certification
under the Regulatory Flexibility Act for
patent-related regulations. See Business
Size Standard for Purposes of United
States Patent and Trademark Office
Regulatory Flexibility Analysis for
Patent-Related Regulations, 71 FR
67109 (Nov. 20, 2006), 1313 Off. Gaz.
Pat. Office 60 (Dec. 12, 2006). This
alternate small business size standard is
the previously established size standard
that identifies the criteria entities must
meet to be entitled to pay reduced
patent fees. See 13 CFR 121.802. If
patent applicants identify themselves on
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the patent application as qualifying for
reduced patent fees, the Office captures
this data in the Patent Application
Location and Monitoring (PALM)
database system, which tracks
information on each patent application
submitted to the Office.
Unlike the SBA small business size
standards set forth in 13 CFR 121.201,
this size standard is not industryspecific. Specifically, the Office’s
definition of small business concern for
Regulatory Flexibility Act purposes is a
business or other concern that: (1) Meets
the SBA’s definition of a ‘‘business
concern or concern’’ set forth in 13 CFR
121.105; and (2) meets the size
standards set forth in 13 CFR 121.802
for the purpose of paying reduced
patent fees, namely an entity: (a) Whose
number of employees, including
affiliates, does not exceed 500 persons;
and (b) which has not assigned, granted,
conveyed, or licensed (and is under no
obligation to do so) any rights in the
invention to any person who made it
and could not be classified as an
independent inventor, or to any concern
which would not qualify as a non-profit
organization or a small business concern
under this definition. See Business Size
Standard for Purposes of United States
Patent and Trademark Office Regulatory
Flexibility Analysis for Patent-Related
Regulations, 71 FR at 67112, 1313 Off.
Gaz. Pat. Office at 63.
The changes in this proposed rule
will apply to any small entity that files
a patent application, or has a pending
patent application or unexpired patent.
The changes in this proposed rule will
specifically apply when an applicant or
patentee pays an application filing or
national stage entry fee, search fee,
examination fee, excess or multiple
dependent claim fee, application size
fee, extension of time fee, notice of
appeal fee, appeal brief fee, request for
an oral hearing fee, disclaimer fee,
petition to revive fee, issue fee, or patent
maintenance fee. The following table
(Table 2) indicates the applicable fee,
the number of small entity payments of
the fee received by the Office in fiscal
year 2007 (number of small entities who
paid the applicable fee in fiscal year
2007), the current small entity fee
amount, the proposed small entity fee
amount, and the net amount of the small
entity fee adjustment.
TABLE 2
Fiscal year
2007 small entity payments
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Fee
Basic filing fee—utility application—electronic filing ........................................
Basic filing fee—utility application (on or after December 8, 2004) ................
Basic filing fee—utility application (before December 8, 2004) ......................
Basic filing fee—design application (on or after December 8, 2004) .............
Basic filing fee—design application (before December 8, 2004) ....................
Basic filing fee—plant application (on or after December 8, 2004) ................
Basic filing fee—plant application (before December 8, 2004) .......................
Basic filing fee—provisional application ..........................................................
Basic filing fee—reissue application (on or after December 8, 2004) ............
Basic filing fee—reissue application (before December 8, 2004) ...................
Independent claims in excess of three ............................................................
Claims in excess of 20 ....................................................................................
Multiple dependent claim .................................................................................
Search fee—utility application (on or after December 8, 2004) ......................
Search fee—plant application (on or after December 8, 2004) ......................
Search fee—reissue application (on or after December 8, 2004) ..................
Examination fee—utility application (on or after December 8, 2004) .............
Examination fee—design application (on or after December 8, 2004) ...........
Examination fee—plant application (on or after December 8, 2004) ..............
Examination fee—reissue application (on or after December 8, 2004) ..........
Application size fee greater than 100 pages ...................................................
Extension for response within second month ..................................................
Extension for response within third month ......................................................
Extension for response within fourth month ....................................................
Extension for response within fifth month .......................................................
Petition to revive—unavoidably abandoned application ..................................
Petition to revive—unintentionally abandoned application ..............................
Issue fee—utility application ............................................................................
Issue fee—design application ..........................................................................
Issue fee—plant application ............................................................................
Reexamination independent claims in excess of three ...................................
Reexamination claims in excess of 20 ............................................................
Statutory disclaimer .........................................................................................
Maintenance fee—due at 3.5 years ................................................................
Maintenance fee—due at 7.5 years ................................................................
Maintenance fee—due at 11.5 years ..............................................................
Filing of PCT application—USPTO ISA—national stage ................................
National stage search fee—search report to USPTO .....................................
National stage search fee—all other situations ...............................................
National stage examination fee—all other situations ......................................
Independent claims in excess of three ............................................................
Claims in excess of 20 ....................................................................................
Multiple dependent claim .................................................................................
Application size fee greater than 100 pages ...................................................
Notice of appeal ...............................................................................................
Brief in support of an appeal ...........................................................................
Request for oral hearing ..................................................................................
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41,519
45,832
66
12,846
11
327
0
83,712
181
1
26,418
41,100
2,503
86,469
326
180
86,658
12,615
327
191
5,469
17,339
23,818
2,277
2,700
174
3,271
33,718
10,398
298
37
45
6,248
32,577
20,981
8,130
11,807
8,440
1,029
11,262
3,272
5,913
1,178
573
5,978
2,640
233
Current fee
amount
75.00
155.00
405.00
105.00
180.00
105.00
285.00
105.00
155.00
405.00
105.00
25.00
185.00
255.00
155.00
255.00
105.00
65.00
80.00
310.00
130.00
230.00
525.00
820.00
1,115.00
255.00
770.00
720.00
410.00
565.00
105.00
25.00
65.00
465.00
1,180.00
1,955.00
155.00
205.00
255.00
105.00
105.00
25.00
185.00
130.00
255.00
255.00
515.00
E:\FR\FM\03JNP1.SGM
03JNP1
Proposed fee
amount
80.00
160.00
420.00
110.00
185.00
110.00
295.00
110.00
160.00
420.00
110.00
26.00
190.00
265.00
160.00
265.00
110.00
70.00
85.00
320.00
135.00
235.00
540.00
845.00
1,150.00
265.00
800.00
750.00
425.00
590.00
110.00
26.00
70.00
485.00
1,225.00
2,035.00
160.00
215.00
265.00
110.00
110.00
26.00
190.00
135.00
265.00
265.00
535.00
Fee
adjustment
5.00
5.00
15.00
5.00
5.00
5.00
10.00
5.00
5.00
15.00
5.00
1.00
5.00
10.00
5.00
10.00
5.00
5.00
5.00
10.00
5.00
5.00
15.00
25.00
35.00
10.00
30.00
30.00
15.00
25.00
5.00
1.00
5.00
20.00
45.00
80.00
5.00
10.00
10.00
5.00
5.00
1.00
5.00
5.00
10.00
10.00
20.00
Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Proposed Rules
The Office has also been advised that
a number of small entity applicants and
patentees do not claim small entity
status for various reasons. See Business
Size Standard for Purposes of United
States Patent and Trademark Office
Regulatory Flexibility Analysis for
Patent-Related Regulations, 71 FR at
67110, 1313 Off. Gaz. Pat. Office at 61.
Therefore, the Office is also considering
all other entities paying patent fees as
well. The following table (Table 3)
indicates the applicable fee, the number
of non-small entity payments of the fee
31659
received by the Office in fiscal year
2007 (number of non-small entities who
paid the applicable fee in fiscal year
2007), the current non-small entity fee
amount, the proposed non-small entity
fee amount, and the net amount of the
non-small entity fee adjustment.
TABLE 3
Fiscal year
2007 nonsmall entity
payments
Fee
ebenthall on PRODPC60 with PROPOSALS
Basic filing fee—utility application (on or after December 8, 2004) ................
Basic filing fee—utility application (before December 8, 2004) ......................
Basic filing fee—design application (on or after December 8, 2004) .............
Basic filing fee—design application (before December 8, 2004) ....................
Basic filing fee—plant application (on or after December 8, 2004) ................
Basic filing fee—plant application (before December 8, 2004) .......................
Basic filing fee—provisional application ..........................................................
Basic filing fee—reissue application (on or after December 8, 2004) ............
Basic filing fee—reissue application (before December 8, 2004) ...................
Independent claims in excess of three ............................................................
Claims in excess of 20 ....................................................................................
Multiple dependent claim .................................................................................
Search fee—utility application (on or after December 8, 2004) ......................
Search fee—plant application (on or after December 8, 2004) ......................
Search fee—reissue application (on or after December 8, 2004) ..................
Examination fee—utility application (on or after December 8, 2004) .............
Examination fee—design application (on or after December 8, 2004) ...........
Examination fee—plant application (on or after December 8, 2004) ..............
Examination fee—reissue application (on or after December 8, 2004) ..........
Application size fee greater than 100 pages ...................................................
Extension for response within second month ..................................................
Extension for response within third month ......................................................
Extension for response within fourth month ....................................................
Extension for response within fifth month .......................................................
Petition to revive—unavoidably abandoned application ..................................
Petition to revive—unintentionally abandoned application ..............................
Issue fee—utility application ............................................................................
Issue fee—design application ..........................................................................
Issue fee—plant application ............................................................................
Reexamination independent claims in excess of three ...................................
Reexamination claims in excess of 20 ............................................................
Statutory disclaimer .........................................................................................
Maintenance fee—due at 3.5 years ................................................................
Maintenance fee—due at 7.5 years ................................................................
Maintenance fee—due at 11.5 years ..............................................................
Filing of PCT application—USPTO ISA—national stage ................................
National stage search fee—search report to USPTO .....................................
National stage search fee—all other situations ...............................................
National stage examination fee—all other situations ......................................
Independent claims in excess of three ............................................................
Claims in excess of 20 ....................................................................................
Multiple dependent claim .................................................................................
Application size fee greater than 100 pages ...................................................
Notice of appeal ...............................................................................................
Brief in support of an appeal ...........................................................................
Request for oral hearing ..................................................................................
4. Description of the projected
reporting, recordkeeping and other
compliance requirements of the
proposed rules, including an estimate of
the classes of small entities which will
be subject to the requirement and the
type of professional skills necessary for
preparation of the report or record: This
notice does not propose any reporting,
recordkeeping and other compliance
VerDate Aug<31>2005
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209,577
311
13,400
72
680
0
47,925
689
1
77,135
102,973
5,944
209,135
681
688
209,465
13,261
681
707
11,257
42,308
41,489
3,105
3,482
127
4,180
122,251
12,433
673
132
151
21,218
125,653
88,487
42,193
41,842
38,457
2,429
41,044
9,367
14,983
3,998
2,102
21,646
11,950
736
requirements. This notice proposes only
to adjust patent fees (as discussed
previously) to reflect changes in the CPI.
5. Description of any significant
alternatives to the proposed rules which
accomplish the stated objectives of
applicable statutes and which minimize
any significant economic impact of the
proposed rules on small entities: The
alternative of not adjusting patent fees
PO 00000
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Current fee
amount
310.00
810.00
210.00
360.00
210.00
570.00
210.00
310.00
810.00
210.00
50.00
370.00
510.00
310.00
510.00
210.00
130.00
160.00
620.00
260.00
460.00
1,050.00
1,640.00
2,230.00
510.00
1,540.00
1,440.00
820.00
1,130.00
210.00
50.00
130.00
930.00
2,360.00
3,910.00
310.00
410.00
510.00
210.00
210.00
50.00
370.00
260.00
510.00
510.00
1,030.00
Proposed fee
amount
320.00
840.00
220.00
370.00
220.00
590.00
220.00
320.00
840.00
220.00
52.00
380.00
530.00
320.00
530.00
220.00
140.00
170.00
640.00
270.00
470.00
1,080.00
1,690.00
2,300.00
530.00
1,600.00
1,500.00
850.00
1,180.00
220.00
52.00
140.00
970.00
2,450.00
4,070.00
320.00
430.00
530.00
220.00
220.00
52.00
380.00
270.00
530.00
530.00
1,070.00
Fee
adjustment
10.00
30.00
10.00
10.00
10.00
20.00
10.00
10.00
30.00
10.00
2.00
10.00
20.00
10.00
20.00
10.00
10.00
10.00
20.00
10.00
10.00
30.00
50.00
70.00
20.00
60.00
60.00
30.00
50.00
10.00
2.00
10.00
40.00
90.00
160.00
10.00
20.00
20.00
10.00
10.00
2.00
10.00
10.00
20.00
20.00
40.00
would have a lesser economic impact on
small entities, but would not
accomplish the stated objectives of
applicable statutes. The Office is
proposing to adjust the patent fees to
ensure proper funding for effective
Office operations. The patent fee CPI
adjustment is a routine adjustment that
has generally occurred on an annual
basis to recover the higher costs of
E:\FR\FM\03JNP1.SGM
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31660
Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Proposed Rules
Office’s operations that occur due to the
increase in the price of products and
services. The lack of proper funding for
effective Office operations would result
in a significant increase in patent
pendency levels.
6. Identification, to the extent
practicable, of all relevant Federal rules
which may duplicate, overlap or
conflict with the proposed rules: The
Office is the sole agency of the United
States Government responsible for
administering the provisions of title 35,
United States Code, pertaining to
examination and granting patents.
Therefore, no other federal, state, or
local entity shares jurisdiction over the
examination and granting patents.
Other countries, however, have their
own patent laws, and an entity desiring
a patent in a particular country must
make an application for patent in that
country, in accordance with the
applicable law. Although the potential
for overlap exists internationally, this
cannot be avoided except by treaty
(such as the Paris Convention for the
Protection of Industrial Property, or the
Patent Cooperation Treaty (PCT)).
Nevertheless, the Office believes that
there are no other duplicative or
overlapping rules.
B. Executive Order 13132 (Federalism)
This rulemaking does not contain
policies with federalism implications
sufficient to warrant preparation of a
Federalism Assessment under Executive
Order 13132 (Aug. 4, 1999).
C. Executive Order 12866 (Regulatory
Planning and Review)
This rulemaking has been determined
to be significant for purposes of
Executive Order 12866 (Sept. 30, 1993),
as amended by Executive Order 13258
(Feb. 26, 2002) and Executive Order
13422 (Jan. 18, 2007).
D. Executive Order 13175 (Tribal
Consultation)
ebenthall on PRODPC60 with PROPOSALS
This rulemaking will not: (1) Have
substantial direct effects on one or more
Indian tribes; (2) impose substantial
direct compliance costs on Indian tribal
governments; or (3) preempt tribal law.
Therefore, a tribal summary impact
statement is not required under
Executive Order 13175 (Nov. 6, 2000).
E. Executive Order 13211 (Energy
Effects)
This rulemaking is not a significant
energy action under Executive Order
13211 because this rulemaking is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. Therefore, a Statement of Energy
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Effects is not required under Executive
Order 13211 (May 18, 2001).
F. Executive Order 12988 (Civil Justice
Reform)
This rulemaking meets applicable
standards to minimize litigation,
eliminate ambiguity, and reduce burden
as set forth in sections 3(a) and 3(b)(2)
of Executive Order 12988 (Feb. 5, 1996).
G. Executive Order 13045 (Protection of
Children)
This rulemaking is not an
economically significant rule and does
not concern an environmental risk to
health or safety that may
disproportionately affect children under
Executive Order 13045 (Apr. 21, 1997).
H. Executive Order 12630 (Taking of
Private Property)
This rulemaking will not effect a
taking of private property or otherwise
have taking implications under
Executive Order 12630 (Mar. 15, 1988).
I. Congressional Review Act
Under the Congressional Review Act
provisions of the Small Business
Regulatory Enforcement Fairness Act of
1996 (5 U.S.C. 801 et seq.), prior to
issuing any final rule, the United States
Patent and Trademark Office will
submit a report containing the final rule
and other required information to the
U.S. Senate, the U.S. House of
Representatives and the Comptroller
General of the Government
Accountability Office. The changes
proposed in this notice are not expected
to result in an annual effect on the
economy of 100 million dollars or more,
a major increase in costs or prices, or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of United States-based enterprises to
compete with foreign-based enterprises
in domestic and export markets.
Therefore, this rulemaking is not likely
to result in a ‘‘major rule’’ as defined in
5 U.S.C. 804(2).
J. Unfunded Mandates Reform Act of
1995:
The changes proposed in this notice
do not involve a Federal
intergovernmental mandate that will
result in the expenditure by State, local,
and tribal governments, in the aggregate,
of 100 million dollars (as adjusted) or
more in any one year, or a Federal
private sector mandate that will result
in the expenditure by the private sector
of 100 million dollars (as adjusted) or
more in any one year, and will not
significantly or uniquely affect small
governments. Therefore, no actions are
PO 00000
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Fmt 4702
Sfmt 4702
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995. See 2 U.S.C. 1501 et seq.
K. National Environmental Policy Act
This rulemaking will not have any
effect on the quality of environment and
is thus categorically excluded from
review under the National
Environmental Policy Act of 1969. See
42 U.S.C. 4321 et seq.
L. National Technology Transfer and
Advancement Act
The requirements of section 12(d) of
the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) are inapplicable because this
rulemaking does not contain provisions
which involve the use of technical
standards.
M. Paperwork Reduction Act
This proposed rule involves
information collection requirements
which 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 proposed rule have been reviewed
and approved by OMB under OMB
control numbers 0651–0016, 0651–0021,
0651–0031, 0651–0032, and 0651–0033.
The Office is not resubmitting
information collection packages to OMB
for its review and approval at this time
because the changes proposed in this
notice revise the fees for existing
information collection requirements
associated with the information
collections under OMB control numbers
0651–0016, 0651–0021, 0651–0031,
0651–0032, and 0651–0033. The Office
will submit fee revision changes for
OMB control numbers 0651–0016,
0651–0021, 0651–0031, 0651–0032, and
0651–0033 to OMB for review if the
changes proposed in this notice are
adopted.
Comments are invited on: (1) Whether
the collection of information is
necessary for proper performance of the
functions of the agency; (2) the accuracy
of the agency’s estimate of the burden;
(3) ways to enhance the quality, utility,
and clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
to respondents.
Interested persons are requested to
send comments regarding these
information collections, including
suggestions for reducing this burden, to:
(1) The Office of Information and
Regulatory Affairs, Office of
Management and Budget, New
Executive Office Building, Room 10202,
725 17th Street, NW., Washington, DC
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Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Proposed Rules
20503, Attention: Desk Officer for the
Patent and Trademark Office; and (2)
Robert A. Clarke, Director, Office of
Patent Legal Administration,
Commissioner for Patents, P.O. Box
1450, Alexandria, VA 22313–1450.
Notwithstanding any other provision
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.
List of Subjects
(2) For an application filed before
December 8, 2004:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$185.00
370.00
(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 .......
$110.00
220.00
(2) For an application filed before
December 8, 2004:
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 .......
$295.00
590.00
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$110.00
220.00
$160.00
320.00
(2) For an application filed before
December 8, 2004:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$420.00
840.00
*
PART 1—RULES OF PRACTICE IN
PATENT CASES
1. The authority citation for 37 CFR
part 1 continues to read as follows:
Authority: 35 U.S.C. 2(b)(2).
2. Section 1.16 is amended by revising
paragraphs (a) through (e), (h) through
(k), and (m) through (s) to read as
follows:
§ 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:
*
*
*
*
(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 (§ 1.27(a)) ........
By other than a small entity .......
$110.00
220.00
(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 .......
$26.00
52.00
(j) In addition to the basic filing fee in
an application, other than a provisional
$80.00 application, that contains, or is
160.00 amended to contain, a multiple
320.00 dependent claim, per application:
By a small entity (§ 1.27(a)) ........
$190.00
(2) For an application filed before
By other than a small entity .......
380.00
December 8, 2004:
By a small entity (§ 1.27(a)) ........
$420.00
(k) Search fee for each application
By other than a small entity .......
840.00 filed under 35 U.S.C. 111 on or after
December 8, 2004, for an original patent,
(b) Basic fee for filing each
except design, plant, or provisional
application for an original design
applications:
patent:
$265.00
(1) For an application filed on or after By a small entity (§ 1.27(a)) ........
By other than a small entity .......
530.00
December 8, 2004:
By a small entity (§ 1.27(a)) ........
$110.00 *
*
*
*
*
VerDate Aug<31>2005
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(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 .......
$160.00
320.00
(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 .......
$265.00
530.00
(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 .......
(e) Basic fee for filing each application
for the reissue of a patent:
(1) For an application filed on or after
December 8, 2004:
37 CFR Part 41
Administrative practice and
procedure, Inventions and patents,
Lawyers.
For the reasons set forth in the
preamble, 37 CFR parts 1 and 41 are
proposed to be amended as follows:
ebenthall on PRODPC60 with PROPOSALS
220.00
(d) Basic fee for filing each
provisional application:
37 CFR Part 1
Administrative practice and
procedure, Courts, Freedom of
Information, Inventions and patents,
Reporting and recordkeeping
requirements, Small businesses.
By a small entity (§ 1.27(a)) if
the application is submitted in
compliance with the Office
electronic
filing
system
(§ 1.27(b)(2)) .............................
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
By other than a small entity .......
31661
$110.00
220.00
(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 .......
$70.00
140.00
(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 .......
$85.00
170.00
(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 .......
$320.00
640.00
(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:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$135.00
270.00
*
*
*
*
*
3. Section 1.17 is amended by revising
paragraphs (a)(2) through (a)(5), (l), and
(m) to read as follows:
§ 1.17 Patent application and
reexamination processing fees.
(a) * * *
(2) For reply within second month:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$235.00
470.00
(3) For reply within third month:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$540.00
1,080.00
(4) For reply within fourth month:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$845.00
1,690.00
(5) For reply within fifth month:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
*
$1,150.00
2,300.00
*
*
*
*
(l) For filing a petition for the revival
of an unavoidably abandoned
application under 35 U.S.C. 111, 133,
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Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Proposed Rules
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 .......
$265.00
530.00
(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 .......
$800.00
1,600.00
*
*
*
*
*
4. Section 1.18 is amended by revising
paragraphs (a) through (c) to read as
follows:
§ 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 (§ 1.27(a)) ........
By other than a small entity .......
$750.00
1,500.00
(b) Issue fee for issuing an original
design patent:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$425.00
850.00
(c) Issue fee for issuing an original
plant patent:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$590.00
1,180.00
*
*
*
*
*
5. Section 1.20 is amended by revising
paragraphs (c)(3), (c)(4), and (d) through
(g) to read as follows:
§ 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:
ebenthall on PRODPC60 with PROPOSALS
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$110.00
220.00
(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 .......
*
*
*
VerDate Aug<31>2005
*
$26.00
52.00
*
14:17 Jun 02, 2008
(d) For filing each statutory disclaimer
(§ 1.321):
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
(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 .......
$485.00
970.00
(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 .......
$1,225.00
2,450.00
(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:
220.00
(d) In addition to the basic national
fee, for filing or on 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 .......
$110.00
220.00
(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 .......
$26.00
52.00
(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 .......
$190.00
380.00
*
*
*
*
*
(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
fraction thereof:
§ 1.492
PART 41—PRACTICE BEFORE THE
BOARD OF PATENT APPEALS AND
INTERFERENCES
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$2,035.00
4,070.00
*
*
*
*
6. Section 1.492 is amended by
revising paragraphs (a), (b)(3), (b)(4),
(c)(2), (d) through (f) and (j) to read as
follows:
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 .......
$160.00
320.00
*
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$135.00
270.00
7. The authority citation for 37 CFR
part 41 continues to read as follows:
Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21,
23, 32, 41, 134, 135.
8. Section 41.20 is amended by
revising paragraph (b) to read as follows:
(b) * * *
(3) If an international search report on
the international application has been
prepared by an International Searching
Authority other than the United States
International Searching Authority and is
provided, or has been previously
communicated by the International
Bureau, to the Office:
§ 41.20
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
(2) In addition to the fee for filing a
notice of appeal, for filing a brief in
support of an appeal:
$215.00
430.00
(4) In all situations not provided for
in paragraphs (b)(1), (b)(2), or (b)(3) of
this section:
By a small entity (§ 1.27(a)) ........
By other than a small entity .......
$265.00
530.00
(c) * * *
(2) In all situations not provided for
in paragraph (c)(1) of this section:
By a small entity (§ 1.27(a)) ........
Jkt 214001
$70.00
140.00
By other than a small entity .......
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
$110.00
Fees.
*
*
*
*
*
(b) Appeal fees.
(1) For filing a notice of appeal from
the examiner to the Board:
By a small entity (§ 1.27(a) of
this title) ...................................
By other than a small entity .......
By a small entity (§ 1.27(a) of
this title) ...................................
By other than a small entity .......
$265.00
530.00
$265.00
530.00
(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 (§ 1.27(a)) ........
By other than a small entity .......
E:\FR\FM\03JNP1.SGM
03JNP1
$535.00
1,070.00
Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Proposed Rules
Dated: May 29, 2008.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. E8–12364 Filed 6–2–08; 8:45 am]
BILLING CODE 3510–16–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2007–1097; FRL–8572–7]
Approval and Promulgation of Air
Quality Implementation Plans
Minnesota; Maintenance Plan Update
for Dakota County Lead Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
ebenthall on PRODPC60 with PROPOSALS
AGENCY:
SUMMARY: EPA is proposing an update to
the lead maintenance plan for Dakota
County, Minnesota. This plan update
demonstrates that Dakota County will
maintain attainment of the National
Ambient Air Quality Standard for lead
through 2014. Minnesota has verified
that the emission limits adopted to
demonstrate modeled attainment
continue to be met, that there are no
new significant sources of lead or
increases in background emissions, and
that the state has in place a
comprehensive program to identify
sources of violations and address any
violation through enforcement and
implementation of a contingency plan.
DATES: Comments must be received on
or before July 3, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2007–1097, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-mail: aburano.douglas@epa.gov.
3. Fax: (312) 886–5824.
4. Mail: Doug Aburano, Acting Chief,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Doug Aburano,
Acting Chief, Criteria Pollutant Section,
Air Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
VerDate Aug<31>2005
14:17 Jun 02, 2008
Jkt 214001
business are Monday through Friday,
8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
Please see the direct final rule which
is located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
FOR FURTHER INFORMATION CONTACT:
Kathleen D’Agostino, Environmental
Engineer, Criteria Pollutant Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–1767,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION: In the
Final Rules section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this rule, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. For additional information,
see the direct final rule which is located
in the Rules section of this Federal
Register.
Dated: May 12, 2008.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E8–12242 Filed 6–2–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
Federal Motor Vehicle Safety
Standards; Denial of Petition for
Rulemaking
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
AGENCY:
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
31663
Denial of petition for
rulemaking.
ACTION:
SUMMARY: This document denies a
petition for rulemaking from the Center
for Auto Safety (CAS) asking that we
initiate rulemaking to require that any
vehicle integrated personal
communication systems including
cellular phones and text messaging
systems be inoperative when the vehicle
is in motion.
FOR FURTHER INFORMATION CONTACT: For
non-legal issues, you may call Ms. Gayle
Dalrymple of the NHTSA Office of
Crash Avoidance Standards, at 202–
366–5559.
For legal issues, you may call Ms.
Dorothy Nakama of the NHTSA Office
of Chief Counsel at 202–366–2992.
You may send mail to both of these
officials at the National Highway Traffic
Safety Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Petition for Rulemaking
The Center for Auto Safety (CAS)
submitted a petition for rulemaking
asking that we ‘‘initiate rulemaking to
prohibit the use of integrated cellular
telephones and other interactive
communication and data transmission
devices that can be used for personal
conversations and other interactive
personal communication or messaging
while a vehicle is in motion.’’ CAS
stated that the purpose of the petition
was to ‘‘make the driving environment
safer by reducing the availability of
devices that have been proven to be
traffic hazards.’’ CAS specifically
petitioned NHTSA to undertake the
following:
First, CAS petitioned NHTSA to issue
a notice of proposed rulemaking
(NPRM) to amend Federal Motor
Vehicle Safety Standard (FMVSS) No.
102, Transmission shift lever sequence,
starter interlock, and transmission
braking effect, by adding a new
provision that would state:
Any vehicle integrated personal
communication systems including cellular
phones and text messaging shall be
inoperative when the transmission shift lever
is in a forward or reverse drive position.
Second, CAS petitioned NHTSA to
issue an advance notice of proposed
rulemaking (ANPRM) to consider
‘‘subjecting other vehicle integrated
telematic 1 systems that significantly
1 At AskOxford.com, the online edition of the
Oxford Dictionary of the English language,
‘‘telematics’’ is defined as ‘‘the branch of
information technology which deals with the longdistance transmission of computerized
information.’’
E:\FR\FM\03JNP1.SGM
03JNP1
]]>Agencies
[Federal Register Volume 73, Number 107 (Tuesday, June 3, 2008)]
[Proposed Rules]
[Pages 31655-31663]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12364]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 1 and 41
[Docket No. PTO-C02008-0004]
RIN 0651-AC21
Revision of Patent Fees for Fiscal Year 2009
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (Office) is
proposing to adjust certain patent fee amounts for fiscal year 2009 to
reflect fluctuations in the Consumer Price Index (CPI). The patent
statute provides for the annual CPI adjustment of patent fees set by
statute to recover the higher costs associated with doing business.
DATES: Written comments must be received on or before July 3, 2008. No
public hearing will be held.
[[Page 31656]]
ADDRESSES: You may submit comments, identified by RIN number RIN 0651-
AC21, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: Walter.Schlueter@uspto.gov. Include RIN number RIN
0651-AC21 in the subject line of the message.
Fax: (571) 273-6299, marked to the attention of Walter
Schlueter.
Mail: Director of the U.S. Patent and Trademark Office,
P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of
Walter Schlueter.
Instructions: All submissions received must include the agency name
and Regulatory Information Number (RIN) for this proposed rule making.
For additional information on the rule making process, see the heading
of the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Walter Schlueter by e-mail at
Walter.Schlueter@uspto.gov, by telephone at (571) 272-6299, or by fax
at (571) 273-6299.
SUPPLEMENTARY INFORMATION: The Office is proposing to adjust certain
patent fees in accordance with the applicable provisions of title 35,
United States Code, as amended by the Consolidated Appropriations Act
(Pub. L. 108-447, 118 Stat. 2809 (2004)).
Background: Statutory Provisions: Patent fees are set by or under
the authority provided in 35 U.S.C. 41, 119, 120, 132(b), 156, 157(a),
255, 302, 311, 376, section 532(a)(2) of the Uruguay Round Agreements
Act (URAA) (Pub. L. 103-465, Sec. 532(a)(2), 108 Stat. 4809, 4985
(1994)), and section 4506 of the American Inventors Protection Act of
1999 (AIPA) (Pub. L. 106-113, 113 Stat. 1501, 1501A-565 (1999)). 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(d) of title 35, United States Code, authorizes the
Director to establish fees 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(f) of title 35, United States Code, provides that fees
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(g) of title 35, United States Code, provides that new
fee amounts established by the Director under 35 U.S.C. 41 may take
effect thirty days after notice in the Federal Register and the
Official Gazette of the United States Patent and Trademark Office.
The fiscal year 2005 Consolidated Appropriations Act (section 801
of Division B) provided that 35 U.S.C. 41(a), (b), and (d) shall be
administered in a manner that revises patent application fees (35
U.S.C. 41(a)) and patent maintenance fees (35 U.S.C. 41(b)), and
provides for a separate filing fee (35 U.S.C. 41(a)), search fee (35
U.S.C. 41(d)(1)), and examination fee (35 U.S.C. 41(a)(3)) during
fiscal years 2005 and 2006. See Pub. L. 108-447, 118 Stat. 2809, 2924-
30 (2004). The patent and trademark fee provisions of the fiscal year
2005 Consolidated Appropriations Act were extended through September
30, 2008, by subsequent legislation. See Pub. L. 110-161, 121 Stat.
1844 (2007), Pub. L. 110-149, 121 Stat. 1819 (2007), Pub. L. 110-137,
121 Stat. 1454 (2007), Pub. L. 110-116, 121 Stat. 1295 (2007), Pub. L.
110-92, 121 Stat. 989 (2007), Pub. L. 110-5, 121 Stat. 8 (2007), Pub.
L. 109-383, 120 Stat. 2678 (2006), Pub. L. 109-369, 120 Stat. 2642
(2006), and Pub. L. 109-289, 120 Stat. 1257 (2006). The Office
anticipates the introduction and enactment of legislation that would
extend the patent and trademark fee provisions of the fiscal year 2005
Consolidated Appropriations Act through fiscal year 2009.
Fee Adjustment Level: The patent statutory fees established by 35
U.S.C. 41(a) and (b) are proposed to be adjusted to reflect
fluctuations occurring during the twelve-month period from October 1,
2007, through September 30, 2008, correspondingly, 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
Office should use CPI-U data as determined by the Secretary of Labor.
In accordance with previous fee-setting methodology, the Office bases
this fee adjustment on the Administration's projected CPI-U for the
twelve-month period ending September 30, 2008, which is 4.0 percent.
Based on this projected CPI-U, patent statutory fees are proposed to be
adjusted by 4.0 percent. Before the final fee amounts are published,
the fee amounts may be adjusted based on actual fluctuations in the
CPI-U published by the Secretary of Labor.
The fee amounts were rounded by applying standard arithmetic rules
so that the amounts rounded will be convenient to the user. Fees for
other than a small entity of $100 or more were rounded to the nearest
$10. Fees of less than $100 were rounded to an even number so that any
comparable small entity fee will be a whole number.
General Procedures: Any fee amount that is paid on or after the
effective date of the proposed fee adjustment would be subject to the
new fees then in effect. The amount of the fee to be paid will be
determined by the time of filing. The time of filing will be determined
either according to the date of receipt in the Office (37 CFR 1.6) or
the date reflected on a proper Certificate of Mailing or Transmission,
where such a certificate is authorized under 37 CFR 1.8. Use of a
Certificate of Mailing or Transmission is not authorized for items that
are specifically excluded from the provisions of 37 CFR 1.8. Items for
which a Certificate of Mailing or Transmission under 37 CFR 1.8 is not
authorized include, for example, filing of national and international
applications for patents. See 37 CFR 1.8(a)(2).
Patent-related correspondence delivered by the ``Express Mail Post
Office to Addressee'' service of the United States Postal Service
(USPS) is considered filed or received in the Office on the date of
deposit with the USPS. See 37 CFR 1.10(a)(1). The date of deposit with
the USPS is shown by the ``date-in'' on the ``Express Mail'' mailing
label or other official USPS notation.
To ensure clarity in the implementation of the proposed new fees, a
discussion of specific sections is set forth below.
Discussion of Specific Rules
37 CFR 1.16 National application filing, search, and examination
fees: Section 1.16, paragraphs (a) through (e), (h) through (k), and
(m) through (s), if revised as proposed, would adjust fees 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), (l), and (m), if
revised as proposed, would adjust fees 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), if revised as proposed, would adjust
fees established therein to reflect fluctuations in the CPI.
37 CFR 1.20 Post issuance fees: Section 1.20, paragraphs (c)(3),
(c)(4), and (d) through (g), if revised as proposed, would adjust fees
established therein to reflect fluctuations in the CPI.
[[Page 31657]]
37 CFR 1.492 National stage fees: Section 1.492, paragraphs (a),
(b)(3), (b)(4), (c)(2), (d) through (f), and (j), if revised as
proposed, would adjust fees established therein to reflect fluctuations
in the CPI.
37 CFR 41.20 Fees: Section 41.20, paragraphs (b)(1) through (b)(3),
if revised as proposed, would adjust fees established therein to
reflect fluctuations in the CPI.
Alternative Fee Amounts if Legislation Extending the Patent and
Trademark Fee Provisions of the Fiscal Year 2005 Consolidated
Appropriations Act is Not Enacted: If legislation that would extend the
patent and trademark fee provisions of the fiscal year 2005
Consolidated Appropriations Act into fiscal year 2009 is not enacted,
patent fees under 35 U.S.C. 41(a), (b), and (d) will become the patent
fees in effect in the absence of the fiscal year 2005 Consolidated
Appropriations Act. The Office is therefore also proposing to adjust
the patent fees under 35 U.S.C. 41(a), (b), and (d) that would be in
effect in the absence of the fiscal year 2005 Consolidated
Appropriations Act for fiscal year 2009 to reflect fluctuations in the
Consumer Price Index (CPI). The following table (Table 1) sets out the
proposed fee amounts in the event that legislation extending the patent
and trademark fee provisions of the fiscal year 2005 Consolidated
Appropriations Act into fiscal year 2009 is not enacted.
Table 1
----------------------------------------------------------------------------------------------------------------
Proposed fee Proposed fee
37 CFR sec. Fee amount (non-small amount (small
entity) entity)
----------------------------------------------------------------------------------------------------------------
1.16(a)................................. Basic filing fee--utility $840.00 $420.00
application.
1.16(b)................................. Independent claims in excess of 94.00 47.00
three.
1.16(d)................................. Multiple dependent claim........ 320.00 160.00
1.16(f)................................. Basic filing fee--design 370.00 185.00
application.
1.16(g)................................. Basic filing fee--plant 590.00 295.00
application.
1.16(h)................................. Basic filing fee--reissue 840.00 420.00
application.
1.16(i)................................. Independent claims in excess of 94.00 47.00
three--reissue.
1.16(k)................................. Basic filing fee--provisional 170.00 85.00
application.
1.17(a)(2).............................. Extension for response within 460.00 230.00
second month.
1.17(a)(3).............................. Extension for response within 1,050.00 525.00
third month.
1.17(a)(4).............................. Extension for response within 1,640.00 820.00
fourth month.
1.17(a)(5).............................. Extension for response within 2,230.00 1,115.00
fifth month.
1.17(m)................................. Petition to revive-- 1,470.00 735.00
unintentionally abandoned
application.
1.18(a)................................. Issue fee--utility application.. 1,470.00 735.00
1.18(b)................................. Issue fee--design application... 520.00 260.00
1.18(c)................................. Issue fee--plant application.... 710.00 355.00
1.20(e)................................. Maintenance fee--due at 3.5 1,010.00 505.00
years.
1.20(f)................................. Maintenance fee--due at 7.5 2,300.00 1,150.00
years.
1.20(g)................................. Maintenance fee--due at 11.5 3,550.00 1,775.00
years.
1.492(a)(1)............................. IPEA--U.S....................... 800.00 400.00
1.492(a)(2)............................. ISA--U.S........................ 840.00 420.00
1.492(a)(3)............................. USPTO not ISA or IPEA........... 1,190.00 595.00
1.492(a)(5)............................. Filing with EPO or JPO search 1,020.00 510.00
report.
1.492(b)................................ Independent claims in excess of 94.00 47.00
three.
1.492(d)................................ Multiple dependent claim........ 320.00 160.00
41.20(b)(1)............................. Notice of appeal................ 360.00 180.00
41.20(b)(2)............................. Brief in support of an appeal... 360.00 180.00
41.20(b)(3)............................. Request for oral hearing........ 320.00 160.00
----------------------------------------------------------------------------------------------------------------
Rulemaking Considerations
A. Initial Regulatory Flexibility Analysis
1. Description of the reasons that action by the agency is being
considered: The Office is proposing to adjust the patent fees set under
35 U.S.C. 41(a) and (b) to ensure proper funding for effective Office
operations. The patent fee CPI adjustment is a routine adjustment that
has generally occurred on an annual basis to recover the higher costs
of Office's operations that occur due to the increase in the price of
products and services. The lack of proper funding for effective Office
operations would result in a significant increase in patent pendency
levels.
2. Succinct statement of the objectives of, and legal basis for,
the proposed rules: The objective of the proposed change is to adjust
patent fees set under 35 U.S.C. 41(a) and (b) to recover the higher
costs of Office operations. Patent fees are set by or under the
authority provided in 35 U.S.C. 41, 119, 120, 132(b), 156, 157(a), 255,
302, 311, 376, section 532(a)(2) of the URAA, and 4506 of the AIPA. 35
U.S.C. 41(f) provides that fees established under 35 U.S.C. 41(a) and
(b) may be adjusted every year to reflect fluctuations in the CPI over
the previous twelve months.
3. Description and estimate of the number of affected small
entities: The Small Business Administration (SBA) small business size
standards applicable to most analyses conducted to comply with the
Regulatory Flexibility Act are set forth in 13 CFR 121.201. These
regulations generally define small businesses as those with fewer than
a maximum number of employees or less than a specified level of annual
receipts for the entity's industrial sector or North American Industry
Classification System (NAICS) code. The Office, however, has formally
adopted an alternate size standard as the size standard for the purpose
of conducting an analysis or making a certification under the
Regulatory Flexibility Act for patent-related regulations. See Business
Size Standard for Purposes of United States Patent and Trademark Office
Regulatory Flexibility Analysis for Patent-Related Regulations, 71 FR
67109 (Nov. 20, 2006), 1313 Off. Gaz. Pat. Office 60 (Dec. 12, 2006).
This alternate small business size standard is the previously
established size standard that identifies the criteria entities must
meet to be entitled to pay reduced patent fees. See 13 CFR 121.802. If
patent applicants identify themselves on
[[Page 31658]]
the patent application as qualifying for reduced patent fees, the
Office captures this data in the Patent Application Location and
Monitoring (PALM) database system, which tracks information on each
patent application submitted to the Office.
Unlike the SBA small business size standards set forth in 13 CFR
121.201, this size standard is not industry-specific. Specifically, the
Office's definition of small business concern for Regulatory
Flexibility Act purposes is a business or other concern that: (1) Meets
the SBA's definition of a ``business concern or concern'' set forth in
13 CFR 121.105; and (2) meets the size standards set forth in 13 CFR
121.802 for the purpose of paying reduced patent fees, namely an
entity: (a) Whose number of employees, including affiliates, does not
exceed 500 persons; and (b) which has not assigned, granted, conveyed,
or licensed (and is under no obligation to do so) any rights in the
invention to any person who made it and could not be classified as an
independent inventor, or to any concern which would not qualify as a
non-profit organization or a small business concern under this
definition. See Business Size Standard for Purposes of United States
Patent and Trademark Office Regulatory Flexibility Analysis for Patent-
Related Regulations, 71 FR at 67112, 1313 Off. Gaz. Pat. Office at 63.
The changes in this proposed rule will apply to any small entity
that files a patent application, or has a pending patent application or
unexpired patent. The changes in this proposed rule will specifically
apply when an applicant or patentee pays an application filing or
national stage entry fee, search fee, examination fee, excess or
multiple dependent claim fee, application size fee, extension of time
fee, notice of appeal fee, appeal brief fee, request for an oral
hearing fee, disclaimer fee, petition to revive fee, issue fee, or
patent maintenance fee. The following table (Table 2) indicates the
applicable fee, the number of small entity payments of the fee received
by the Office in fiscal year 2007 (number of small entities who paid
the applicable fee in fiscal year 2007), the current small entity fee
amount, the proposed small entity fee amount, and the net amount of the
small entity fee adjustment.
Table 2
----------------------------------------------------------------------------------------------------------------
Fiscal year
2007 small Current fee Proposed fee Fee
Fee entity amount amount adjustment
payments
----------------------------------------------------------------------------------------------------------------
Basic filing fee--utility application-- 41,519 75.00 80.00 5.00
electronic filing..............................
Basic filing fee--utility application (on or 45,832 155.00 160.00 5.00
after December 8, 2004)........................
Basic filing fee--utility application (before 66 405.00 420.00 15.00
December 8, 2004)..............................
Basic filing fee--design application (on or 12,846 105.00 110.00 5.00
after December 8, 2004)........................
Basic filing fee--design application (before 11 180.00 185.00 5.00
December 8, 2004)..............................
Basic filing fee--plant application (on or after 327 105.00 110.00 5.00
December 8, 2004)..............................
Basic filing fee--plant application (before 0 285.00 295.00 10.00
December 8, 2004)..............................
Basic filing fee--provisional application....... 83,712 105.00 110.00 5.00
Basic filing fee--reissue application (on or 181 155.00 160.00 5.00
after December 8, 2004)........................
Basic filing fee--reissue application (before 1 405.00 420.00 15.00
December 8, 2004)..............................
Independent claims in excess of three........... 26,418 105.00 110.00 5.00
Claims in excess of 20.......................... 41,100 25.00 26.00 1.00
Multiple dependent claim........................ 2,503 185.00 190.00 5.00
Search fee--utility application (on or after 86,469 255.00 265.00 10.00
December 8, 2004)..............................
Search fee--plant application (on or after 326 155.00 160.00 5.00
December 8, 2004)..............................
Search fee--reissue application (on or after 180 255.00 265.00 10.00
December 8, 2004)..............................
Examination fee--utility application (on or 86,658 105.00 110.00 5.00
after December 8, 2004)........................
Examination fee--design application (on or after 12,615 65.00 70.00 5.00
December 8, 2004)..............................
Examination fee--plant application (on or after 327 80.00 85.00 5.00
December 8, 2004)..............................
Examination fee--reissue application (on or 191 310.00 320.00 10.00
after December 8, 2004)........................
Application size fee greater than 100 pages..... 5,469 130.00 135.00 5.00
Extension for response within second month...... 17,339 230.00 235.00 5.00
Extension for response within third month....... 23,818 525.00 540.00 15.00
Extension for response within fourth month...... 2,277 820.00 845.00 25.00
Extension for response within fifth month....... 2,700 1,115.00 1,150.00 35.00
Petition to revive--unavoidably abandoned 174 255.00 265.00 10.00
application....................................
Petition to revive--unintentionally abandoned 3,271 770.00 800.00 30.00
application....................................
Issue fee--utility application.................. 33,718 720.00 750.00 30.00
Issue fee--design application................... 10,398 410.00 425.00 15.00
Issue fee--plant application.................... 298 565.00 590.00 25.00
Reexamination independent claims in excess of 37 105.00 110.00 5.00
three..........................................
Reexamination claims in excess of 20............ 45 25.00 26.00 1.00
Statutory disclaimer............................ 6,248 65.00 70.00 5.00
Maintenance fee--due at 3.5 years............... 32,577 465.00 485.00 20.00
Maintenance fee--due at 7.5 years............... 20,981 1,180.00 1,225.00 45.00
Maintenance fee--due at 11.5 years.............. 8,130 1,955.00 2,035.00 80.00
Filing of PCT application--USPTO ISA--national 11,807 155.00 160.00 5.00
stage..........................................
National stage search fee--search report to 8,440 205.00 215.00 10.00
USPTO..........................................
National stage search fee--all other situations. 1,029 255.00 265.00 10.00
National stage examination fee--all other 11,262 105.00 110.00 5.00
situations.....................................
Independent claims in excess of three........... 3,272 105.00 110.00 5.00
Claims in excess of 20.......................... 5,913 25.00 26.00 1.00
Multiple dependent claim........................ 1,178 185.00 190.00 5.00
Application size fee greater than 100 pages..... 573 130.00 135.00 5.00
Notice of appeal................................ 5,978 255.00 265.00 10.00
Brief in support of an appeal................... 2,640 255.00 265.00 10.00
Request for oral hearing........................ 233 515.00 535.00 20.00
----------------------------------------------------------------------------------------------------------------
[[Page 31659]]
The Office has also been advised that a number of small entity
applicants and patentees do not claim small entity status for various
reasons. See Business Size Standard for Purposes of United States
Patent and Trademark Office Regulatory Flexibility Analysis for Patent-
Related Regulations, 71 FR at 67110, 1313 Off. Gaz. Pat. Office at 61.
Therefore, the Office is also considering all other entities paying
patent fees as well. The following table (Table 3) indicates the
applicable fee, the number of non-small entity payments of the fee
received by the Office in fiscal year 2007 (number of non-small
entities who paid the applicable fee in fiscal year 2007), the current
non-small entity fee amount, the proposed non-small entity fee amount,
and the net amount of the non-small entity fee adjustment.
Table 3
----------------------------------------------------------------------------------------------------------------
Fiscal year
2007 non-small Current fee Proposed fee Fee
Fee entity amount amount adjustment
payments
----------------------------------------------------------------------------------------------------------------
Basic filing fee--utility application (on or 209,577 310.00 320.00 10.00
after December 8, 2004)........................
Basic filing fee--utility application (before 311 810.00 840.00 30.00
December 8, 2004)..............................
Basic filing fee--design application (on or 13,400 210.00 220.00 10.00
after December 8, 2004)........................
Basic filing fee--design application (before 72 360.00 370.00 10.00
December 8, 2004)..............................
Basic filing fee--plant application (on or after 680 210.00 220.00 10.00
December 8, 2004)..............................
Basic filing fee--plant application (before 0 570.00 590.00 20.00
December 8, 2004)..............................
Basic filing fee--provisional application....... 47,925 210.00 220.00 10.00
Basic filing fee--reissue application (on or 689 310.00 320.00 10.00
after December 8, 2004)........................
Basic filing fee--reissue application (before 1 810.00 840.00 30.00
December 8, 2004)..............................
Independent claims in excess of three........... 77,135 210.00 220.00 10.00
Claims in excess of 20.......................... 102,973 50.00 52.00 2.00
Multiple dependent claim........................ 5,944 370.00 380.00 10.00
Search fee--utility application (on or after 209,135 510.00 530.00 20.00
December 8, 2004)..............................
Search fee--plant application (on or after 681 310.00 320.00 10.00
December 8, 2004)..............................
Search fee--reissue application (on or after 688 510.00 530.00 20.00
December 8, 2004)..............................
Examination fee--utility application (on or 209,465 210.00 220.00 10.00
after December 8, 2004)........................
Examination fee--design application (on or after 13,261 130.00 140.00 10.00
December 8, 2004)..............................
Examination fee--plant application (on or after 681 160.00 170.00 10.00
December 8, 2004)..............................
Examination fee--reissue application (on or 707 620.00 640.00 20.00
after December 8, 2004)........................
Application size fee greater than 100 pages..... 11,257 260.00 270.00 10.00
Extension for response within second month...... 42,308 460.00 470.00 10.00
Extension for response within third month....... 41,489 1,050.00 1,080.00 30.00
Extension for response within fourth month...... 3,105 1,640.00 1,690.00 50.00
Extension for response within fifth month....... 3,482 2,230.00 2,300.00 70.00
Petition to revive--unavoidably abandoned 127 510.00 530.00 20.00
application....................................
Petition to revive--unintentionally abandoned 4,180 1,540.00 1,600.00 60.00
application....................................
Issue fee--utility application.................. 122,251 1,440.00 1,500.00 60.00
Issue fee--design application................... 12,433 820.00 850.00 30.00
Issue fee--plant application.................... 673 1,130.00 1,180.00 50.00
Reexamination independent claims in excess of 132 210.00 220.00 10.00
three..........................................
Reexamination claims in excess of 20............ 151 50.00 52.00 2.00
Statutory disclaimer............................ 21,218 130.00 140.00 10.00
Maintenance fee--due at 3.5 years............... 125,653 930.00 970.00 40.00
Maintenance fee--due at 7.5 years............... 88,487 2,360.00 2,450.00 90.00
Maintenance fee--due at 11.5 years.............. 42,193 3,910.00 4,070.00 160.00
Filing of PCT application--USPTO ISA--national 41,842 310.00 320.00 10.00
stage..........................................
National stage search fee--search report to 38,457 410.00 430.00 20.00
USPTO..........................................
National stage search fee--all other situations. 2,429 510.00 530.00 20.00
National stage examination fee--all other 41,044 210.00 220.00 10.00
situations.....................................
Independent claims in excess of three........... 9,367 210.00 220.00 10.00
Claims in excess of 20.......................... 14,983 50.00 52.00 2.00
Multiple dependent claim........................ 3,998 370.00 380.00 10.00
Application size fee greater than 100 pages..... 2,102 260.00 270.00 10.00
Notice of appeal................................ 21,646 510.00 530.00 20.00
Brief in support of an appeal................... 11,950 510.00 530.00 20.00
Request for oral hearing........................ 736 1,030.00 1,070.00 40.00
----------------------------------------------------------------------------------------------------------------
4. Description of the projected reporting, recordkeeping and other
compliance requirements of the proposed rules, including an estimate of
the classes of small entities which will be subject to the requirement
and the type of professional skills necessary for preparation of the
report or record: This notice does not propose any reporting,
recordkeeping and other compliance requirements. This notice proposes
only to adjust patent fees (as discussed previously) to reflect changes
in the CPI.
5. Description of any significant alternatives to the proposed
rules which accomplish the stated objectives of applicable statutes and
which minimize any significant economic impact of the proposed rules on
small entities: The alternative of not adjusting patent fees would have
a lesser economic impact on small entities, but would not accomplish
the stated objectives of applicable statutes. The Office is proposing
to adjust the patent fees to ensure proper funding for effective Office
operations. The patent fee CPI adjustment is a routine adjustment that
has generally occurred on an annual basis to recover the higher costs
of
[[Page 31660]]
Office's operations that occur due to the increase in the price of
products and services. The lack of proper funding for effective Office
operations would result in a significant increase in patent pendency
levels.
6. Identification, to the extent practicable, of all relevant
Federal rules which may duplicate, overlap or conflict with the
proposed rules: The Office is the sole agency of the United States
Government responsible for administering the provisions of title 35,
United States Code, pertaining to examination and granting patents.
Therefore, no other federal, state, or local entity shares jurisdiction
over the examination and granting patents.
Other countries, however, have their own patent laws, and an entity
desiring a patent in a particular country must make an application for
patent in that country, in accordance with the applicable law. Although
the potential for overlap exists internationally, this cannot be
avoided except by treaty (such as the Paris Convention for the
Protection of Industrial Property, or the Patent Cooperation Treaty
(PCT)).
Nevertheless, the Office believes that there are no other
duplicative or overlapping rules.
B. Executive Order 13132 (Federalism)
This rulemaking does not contain policies with federalism
implications sufficient to warrant preparation of a Federalism
Assessment under Executive Order 13132 (Aug. 4, 1999).
C. Executive Order 12866 (Regulatory Planning and Review)
This rulemaking has been determined to be significant for purposes
of Executive Order 12866 (Sept. 30, 1993), as amended by Executive
Order 13258 (Feb. 26, 2002) and Executive Order 13422 (Jan. 18, 2007).
D. Executive Order 13175 (Tribal Consultation)
This rulemaking will not: (1) Have substantial direct effects on
one or more Indian tribes; (2) impose substantial direct compliance
costs on Indian tribal governments; or (3) preempt tribal law.
Therefore, a tribal summary impact statement is not required under
Executive Order 13175 (Nov. 6, 2000).
E. Executive Order 13211 (Energy Effects)
This rulemaking is not a significant energy action under Executive
Order 13211 because this rulemaking is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
Therefore, a Statement of Energy Effects is not required under
Executive Order 13211 (May 18, 2001).
F. Executive Order 12988 (Civil Justice Reform)
This rulemaking meets applicable standards to minimize litigation,
eliminate ambiguity, and reduce burden as set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988 (Feb. 5, 1996).
G. Executive Order 13045 (Protection of Children)
This rulemaking is not an economically significant rule and does
not concern an environmental risk to health or safety that may
disproportionately affect children under Executive Order 13045 (Apr.
21, 1997).
H. Executive Order 12630 (Taking of Private Property)
This rulemaking will not effect a taking of private property or
otherwise have taking implications under Executive Order 12630 (Mar.
15, 1988).
I. Congressional Review Act
Under the Congressional Review Act provisions of the Small Business
Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801 et seq.),
prior to issuing any final rule, the United States Patent and Trademark
Office will submit a report containing the final rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the Government
Accountability Office. The changes proposed in this notice are not
expected to result in an annual effect on the economy of 100 million
dollars or more, a major increase in costs or prices, or significant
adverse effects on competition, employment, investment, productivity,
innovation, or the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export markets.
Therefore, this rulemaking is not likely to result in a ``major rule''
as defined in 5 U.S.C. 804(2).
J. Unfunded Mandates Reform Act of 1995:
The changes proposed in this notice do not involve a Federal
intergovernmental mandate that will result in the expenditure by State,
local, and tribal governments, in the aggregate, of 100 million dollars
(as adjusted) or more in any one year, or a Federal private sector
mandate that will result in the expenditure by the private sector of
100 million dollars (as adjusted) or more in any one year, and will not
significantly or uniquely affect small governments. Therefore, no
actions are necessary under the provisions of the Unfunded Mandates
Reform Act of 1995. See 2 U.S.C. 1501 et seq.
K. National Environmental Policy Act
This rulemaking will not have any effect on the quality of
environment and is thus categorically excluded from review under the
National Environmental Policy Act of 1969. See 42 U.S.C. 4321 et seq.
L. National Technology Transfer and Advancement Act
The requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) are
inapplicable because this rulemaking does not contain provisions which
involve the use of technical standards.
M. Paperwork Reduction Act
This proposed rule involves information collection requirements
which 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 proposed rule
have been reviewed and approved by OMB under OMB control numbers 0651-
0016, 0651-0021, 0651-0031, 0651-0032, and 0651-0033. The Office is not
resubmitting information collection packages to OMB for its review and
approval at this time because the changes proposed in this notice
revise the fees for existing information collection requirements
associated with the information collections under OMB control numbers
0651-0016, 0651-0021, 0651-0031, 0651-0032, and 0651-0033. The Office
will submit fee revision changes for OMB control numbers 0651-0016,
0651-0021, 0651-0031, 0651-0032, and 0651-0033 to OMB for review if the
changes proposed in this notice are adopted.
Comments are invited on: (1) Whether the collection of information
is necessary for proper performance of the functions of the agency; (2)
the accuracy of the agency's estimate of the burden; (3) ways to
enhance the quality, utility, and clarity of the information to be
collected; and (4) ways to minimize the burden of the collection of
information to respondents.
Interested persons are requested to send comments regarding these
information collections, including suggestions for reducing this
burden, to: (1) The Office of Information and Regulatory Affairs,
Office of Management and Budget, New Executive Office Building, Room
10202, 725 17th Street, NW., Washington, DC
[[Page 31661]]
20503, Attention: Desk Officer for the Patent and Trademark Office; and
(2) Robert A. Clarke, Director, Office of Patent Legal Administration,
Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
Notwithstanding any other provision 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.
List of Subjects
37 CFR Part 1
Administrative practice and procedure, 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.
For the reasons set forth in the preamble, 37 CFR parts 1 and 41
are proposed to be amended as follows:
PART 1--RULES OF PRACTICE IN PATENT CASES
1. The authority citation for 37 CFR part 1 continues to read as
follows:
Authority: 35 U.S.C. 2(b)(2).
2. Section 1.16 is amended by revising paragraphs (a) through (e),
(h) through (k), and (m) 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 $80.00
submitted in compliance with the Office electronic filing
system (Sec. 1.27(b)(2))..................................
By a small entity (Sec. 1.27(a))........................... 160.00
By other than a small entity................................. 320.00
(2) For an application filed before December 8, 2004:
By a small entity (Sec. 1.27(a))........................... $420.00
By other than a small entity................................. 840.00
(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))........................... $110.00
By other than a small entity................................. 220.00
(2) For an application filed before December 8, 2004:
By a small entity (Sec. 1.27(a))........................... $185.00
By other than a small entity................................. 370.00
(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))........................... $110.00
By other than a small entity................................. 220.00
(2) For an application filed before December 8, 2004:
By a small entity (Sec. 1.27(a))........................... $295.00
By other than a small entity................................. 590.00
(d) Basic fee for filing each provisional application:
By a small entity (Sec. 1.27(a))........................... $110.00
By other than a small entity................................. 220.00
(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))........................... $160.00
By other than a small entity................................. 320.00
(2) For an application filed before December 8, 2004:
By a small entity (Sec. 1.27(a))........................... $420.00
By other than a small entity................................. 840.00
* * * * *
(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))........................... $110.00
By other than a small entity................................. 220.00
(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))........................... $26.00
By other than a small entity................................. 52.00
(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))........................... $190.00
By other than a small entity................................. 380.00
(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))........................... $265.00
By other than a small entity................................. 530.00
* * * * *
(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))........................... $160.00
By other than a small entity................................. 320.00
(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))........................... $265.00
By other than a small entity................................. 530.00
(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))........................... $110.00
By other than a small entity................................. 220.00
(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))........................... $70.00
By other than a small entity................................. 140.00
(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))........................... $85.00
By other than a small entity................................. 170.00
(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))........................... $320.00
By other than a small entity................................. 640.00
(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:
By a small entity (Sec. 1.27(a))........................... $135.00
By other than a small entity................................. 270.00
* * * * *
3. Section 1.17 is amended by revising paragraphs (a)(2) through
(a)(5), (l), and (m) to read as follows:
Sec. 1.17 Patent application and reexamination processing fees.
(a) * * *
(2) For reply within second month:
By a small entity (Sec. 1.27(a))........................... $235.00
By other than a small entity................................. 470.00
(3) For reply within third month:
By a small entity (Sec. 1.27(a))........................... $540.00
By other than a small entity................................. 1,080.00
(4) For reply within fourth month:
By a small entity (Sec. 1.27(a))........................... $845.00
By other than a small entity................................. 1,690.00
(5) For reply within fifth month:
By a small entity (Sec. 1.27(a))........................... $1,150.00
By other than a small entity................................. 2,300.00
* * * * *
(l) For filing a petition for the revival of an unavoidably
abandoned application under 35 U.S.C. 111, 133,
[[Page 31662]]
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))........................... $265.00
By other than a small entity................................. 530.00
(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))........................... $800.00
By other than a small entity................................. 1,600.00
* * * * *
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))........................... $750.00
By other than a small entity................................. 1,500.00
(b) Issue fee for issuing an original design patent:
By a small entity (Sec. 1.27(a))........................... $425.00
By other than a small entity................................. 850.00
(c) Issue fee for issuing an original plant patent:
By a small entity (Sec. 1.27(a))........................... $590.00
By other than a small entity................................. 1,180.00
* * * * *
5. Section 1.20 is amended by revising paragraphs (c)(3), (c)(4),
and (d) 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))........................... $110.00
By other than a small entity................................. 220.00
(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))........................... $26.00
By other than a small entity................................. 52.00
* * * * *
(d) For filing each statutory disclaimer (Sec. 1.321):
By a small entity (Sec. 1.27(a))........................... $70.00
By other than a small entity................................. 140.00
(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))........................... $485.00
By other than a small entity................................. 970.00
(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))........................... $1,225.00
By other than a small entity................................. 2,450.00
(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))........................... $2,035.00
By other than a small entity................................. 4,070.00
* * * * *
6. Section 1.492 is amended by revising paragraphs (a), (b)(3),
(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))........................... $160.00
By other than a small entity................................. 320.00
(b) * * *
(3) If an international search report on the international
application has been prepared by an International Searching Authority
other than the United States International Searching Authority and is
provided, or has been previously communicated by the International
Bureau, to the Office:
By a small entity (Sec. 1.27(a))........................... $215.00
By other than a small entity................................. 430.00
(4) In all situations not provided for in paragraphs (b)(1),
(b)(2), or (b)(3) of this section:
By a small entity (Sec. 1.27(a))........................... $265.00
By other than a small entity................................. 530.00
(c) * * *
(2) In all situations not provided for in paragraph (c)(1) of this
section:
By a small entity (Sec. 1.27(a))........................... $110.00
By other than a small entity................................. 220.00
(d) In addition to the basic national fee, for filing or on later
presentation at any other time of each claim in independent form in
excess of 3:
By a small entity (Sec. 1.27(a))........................... $110.00
By other than a small entity................................. 220.00
(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))........................... $26.00
By other than a small entity................................. 52.00
(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))........................... $190.00
By other than a small entity................................. 380.00
* * * * *
(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 fraction thereof:
By a small entity (Sec. 1.27(a))........................... $135.00
By other than a small entity................................. 270.00
PART 41--PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND
INTERFERENCES
7. The authority citation for 37 CFR part 41 continues to read as
follows:
Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134,
135.
8. Section 41.20 is amended by revising paragraph (b) to read as
follows:
Sec. 41.20 Fees.
* * * * *
(b) Appeal fees.
(1) For filing a notice of appeal from the examiner to the Board:
By a small entity (Sec. 1.27(a) of this title)............. $265.00
By other than a small entity................................. 530.00
(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)............. $265.00
By other than a small entity................................. 530.00
(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))........................... $535.00
By other than a small entity................................. 1,070.00
[[Page 31663]]
Dated: May 29, 2008.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. E8-12364 Filed 6-2-08; 8:45 am]
BILLING CODE 3510-16-P
