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.
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