Page:United States Statutes at Large Volume 105 Part 2.djvu/685

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PUBLIC LAW 102-204—DEC. 10, 1991 105 STAT. 1637 SEC. 3. APPROPRIATIONS AUTHORIZED TO BE CARRIED OVER. Amounts appropriated under this Act may remain available until expended. SEC. 4. OVERSIGHT OF PATENT AND TRADEMARK FEES. Section 42 of title 35, United States Code, is amended by adding at the end the following: "(e) The Secretary of Commerce shall, on the day each year on which the President submits the annual budget to the Congress, provide to the Committees on the Judiciary of the Senate and the House of Representatives— "(1) a list of patent and trademark fee collections by the Patent and Trademark Office during the preceding fiscal year; "(2) a list of activities of the Patent and Trademark Office during the preceding fiscal year which were supported by patent fee expenditures, trademark fee expenditures, and appropriations; "(3) budget plans for significant programs, projects, and activities of the Office, including out-year funding estimates; "(4) any proposed disposition of surplus fees by the Office; and "(5) such other information as the committees consider necessary.". SEC. 5. PATENT AND TRADEMARK FEES. (a) FEE SCHEDULES. —(1) Section 41(a) of title 35, United States Code, is amended to read as follows: "(a) The Commissioner shall charge the following fees: "(1)(A) On filing each application for an original patent, except in design or plant cases, $500. "(B) In addition, on filing or on presentation at any other time, $52 for each claim in independent form which is in excess of 3, $14 for each claim (whether independent or dependent) which is in excess of 20, and $160 for each application containing a multiple dependent claim. "(2) For issuing each original or reissue patent, except in design or plant cases, $820. "(3) In design and plant cases— "(A) on filing each design application, $200; "(B) on filing each plant application, $330; "(C) on issuing each design patent, $290; and "(D) on issuing each plant patent, $410. "(4)(A) On filing each application for the reissue of a patent, $500. "(B) In addition, on filing or on presentation at any other time, $52 for each claim in independent form which is in excess of the number of independent claims of the original patent, and $14 for each claim (whether independent or dependent) which is in excess of 20 and also in excess of the number of claims of the original patent. " (5) On filing each disclaimer, $78. "(6)(A) On filing an appeal from the examiner to the Board of Patent Appeals and Interferences, $190. "(B) In addition, on filing a brief in support of the appeal, $190, and on requesting an oral hearing in the appeal before the Board of Patent Appeals and Interferences, $160. "(7) On filing each petition for the revival of an unintentionally abandoned application for a patent or for the unintention-