89 STAT. 690 35 USC 376.
•
PUBLIC LAW 94-131—NOV. 14, 1975 "§376. Fees "(a) The required payment of the international fee, which amount is specified in the Eegulations, shall be paid in United States currency. The Patent Office may also charge the following fees: " (1^ A transmittal fee (see section 361(d)); " (2) A search fee (see section 361(d)); "(3) A supplemental search fee (to be paid when required); " (4) A national fee (see section 371(c)); "(5) A special fee (to be paid when required; see section 372 (c)); "(6) Such other fees as established by the Commissioner. "(b) The amounts of fees specified in subsection (a) of this section, except the international fee, shall be prescribed by the Commissioner. He may refund any sum paid by mistake or in excess of the fees so specified, or if required under the treaty and the Eegulations. The Commissioner may also refund any part of the search fee, where he determines such refund to be warranted.". SEC. 2. Section 6 of title 35, United States Code, is amended by adding a paragraph (d) to read as follows:
- §6. Duties of Commissioner
Post, p. 691.
Ante, p. 686. "^"Z"""-
He
He
He
"(d) The Commissioner, under the direction of the Secretary of Commerce, may, with the concurrence of the Secretary of State, allocate funds appropriated to the Patent Office, to the Department of State for the purpose of payment of the share on the part of the United States to the working capital fund established under the Patent Cooperation Treaty. Contributions to cover the share on the part of the United States of any operating deficits of the International Bureau under the Patent Cooperation Treaty shall be included in the annual budget of the Patent Office and may be transferred by the Commissioner, under the direction of the Secretary of Commerce, to the Department of State for the purpose of making payments thereof to the International Bureau.". SEC. 3. Item 1 of section 41(a) of title 35, United States Code, is amended to read as follows:
- §41. Patent fees
" (a) The Commissioner shall charge the following fees: "1. On filing each application for an original patent, except in design cases, $65; in addition on filing or on presentation at any other time, $10 for each claim in independent form which is in excess of one, and $2, for each claim (whether independent or dependent) which is in excess of ten. For the purpose of computing fees, a multiple dependent claim as 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.". SEC. 4. Section 42 of title 35, United States Code, is amended to read as follows: "§ 42. Payment of patent fees; return of excess amounts "All patent fees shall be paid to the Commissioner who, except as provided in sections 361(b) and 376(b) of this title, shall deposit the sHme in the Treasury of the United States in such manner as the Secretary of the Treasury directs, and the Commissioner may refund any sum paid by mistake or in excess of the fee required by law.".
�
