112 STAT. 3274 PUBLIC LAW 105-358—NOV. 10, 1998 "(b) The Commissioner shall charge the following fees for maintaining in force all patents based on applications filed on or after December 12, 1980: "(1) 3 years and 6 months after grant, $940. "(2) 7 years and 6 months after grant, $1,900. "(3) 11 years and 6 months after grant, $2,910. Unless payment of the applicable maintenance fee is received in the Patent and Trademark Office on or before the date the fee is due or within a grace period of 6 months thereafter, the patent will expire as of the end of such grace period. The Commissioner may require the payment of a surcharge as a condition of accepting within such 6-month grace period the payment of an applicable maintenance fee. No fee may be established for maintaining a design or plant patent in force.". SEC. 4. AUTHORIZATION OF COLLECTION AND EXPENDITURE. Section 42(c) of title 35, United States Code, is amended by striking the first sentence and inserting the following: "To the extent and in the amounts provided in advance in appropriations Acts, fees authorized in this title or any other Act to be charged or established by the Commissioner shall be collected by and shall be available to the Commissioner to carry out the activities of the Patent and Trademark Office.". 35 USC 41 note. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on October 1, 1998. Approved November 10, 1998. LEGISLATIVE HISTORY—H.R. 3723: HOUSE REPORTS: No. 105-528 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 144 (1998): May 12, considered and passed House. Oct. 14, considered and passed Senate.