PUBLIC LAW 105-358 —NOV. 10, 1998
112 STAT. 3273
patent, and $18 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, $110.
"(6)(A) On filing an appeal from the examiner to the Board
of Patent Appeals and Interferences, $300.
"(B) In addition, on filing a brief in support of the appeal,
$300, and on requesting an oral hearing in the appeal before
the Board of Patent Appeals and Interferences, $260.
"(7) On filing each petition for the revival of an unintentionally abandoned application for a patent or for the unintentionally delayed payment of the fee for issuing each patent, $1,210,
unless the petition is filed under section 133 or 151 of this
title, in which case the fee shall be $110.
"(8) For petitions for 1-month extensions of time to take
actions required by the Commissioner in an application—
"(A) on filing a first petition, $110;
"(B) on filing a second petition, $270; and
"(C) on filing a third petition or subsequent petition,
$490.
"(9) Basic national fee for an international application
where the Patent and Trademark Office was the International
Preliminary Examining Authority and the International
Searching Authority, $670.
"(10) Basic national fee for an international application
where the Patent and Trademark Office was the International
Searching Authority but not the International Preliminary
Examining Authority, $760.
"(11) Basic national fee for an international application
where the Patent and Trademark Office was neither the International Searching Authority nor the International Preliminary
Examining Authority, $970.
"(12) Basic national fee for an international application
where the international preliminary examination fee has been
paid to the Patent and Trademark Office, and the international
prehminary examination report states that the provisions of
Article 33(2), (3), and (4) of the Patent Cooperation Treaty
have been satisfied for all claims in the application entering
the national stage, $96.
"(13) For filing or later presentation of each independent
claim in the national stage of an international application in
excess of 3, $78.
"(14) For filing or later presentation of each claim (whether
independent or dependent) in a national stage of an international application in excess of 20, $18.
"(15) For each national stage of an international application
containing a multiple dependent claim, $260.
For the purpose of computing fees, a multiple dependent claim
referred to in section 112 of this title or any claim depending
therefrom shall be considered as separate dependent claims in
accordance with the number of claims to which reference is made.
Errors in payment of the additional fees may be rectified in accordance with regulations of the Commissioner.".
(b) PATENT MAINTENANCE FEES. — Section 41 of title 35, United
States Code, is amended by striking subsection (b) and inserting
the following:
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