35 U.S.C. 41: Patent fees; patent and trademark search systems

2024

• Pub. L. 118–151 inserted ", unless the entity shows that the assertion was made in good faith," before "be subject". Law text · (j)

2022

• Pub. L. 117–328, §107(a)(1), substituted "60 percent" for "50 percent". (Consolidated Appropriations Act, 2023) Law text · (h)
• Pub. L. 117–328, §107(a)(2), substituted "80 percent" for "75 percent". (Consolidated Appropriations Act, 2023) Law text · (h)
• Pub. L. 117–328, §107(b)(1), added subsec. (j). (Consolidated Appropriations Act, 2023) Law text · (j)

2012

• Pub. L. 112–211, §202(b)(1)(A), added par. (7) and struck out former par. (7). Prior to amendment, text read as follows: "On filing each petition for the revival of an unintentionally abandoned application for a patent, for the unintentionally delayed payment of the fee for issuing … (Patent Law Treaties Implementation Act of 2012) Law text · (a)
• Pub. L. 112–211, §202(b)(1)(B), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "The Director may accept the payment of any maintenance fee required by subsection (b) of this section which is made within twenty-four months after the six-month… (Patent Law Treaties Implementation Act of 2012) Law text · (c)

2011

• Pub. L. 112–29, §11(a), amended subsecs. (a) and (b) generally. Prior to amendment, subsecs. (a) and (b) required the Director to charge certain fees for filing applications, disclaimers, petitions, and appeal documents, presenting claims, and issuing patents, and to charge certa… (Leahy-Smith America Invents Act) Law text · (a), (b)
• Pub. L. 112–29, §11(b), inserted subsec. heading and headings of pars. (1) and (2). (Leahy-Smith America Invents Act) Law text · (c)
• Pub. L. 112–29, §11(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "The Director shall establish fees for all other processing, services, or materials relating to patents not specified in this section to recover the estimated average cost to the Off… (Leahy-Smith America Invents Act) Law text · (d)
• Pub. L. 112–29, §20(j), struck out "of this title" after "132". (Leahy-Smith America Invents Act) Law text · (e)
• Pub. L. 112–29, §11(e)(1), inserted heading. (Leahy-Smith America Invents Act) Law text · (e)
• Pub. L. 112–29, §11(e)(2), inserted heading. (Leahy-Smith America Invents Act) Law text · (f)
• Pub. L. 112–29, §11(e)(3), struck out subsec. (g) which read as follows: "No fee established by the Director under this section shall take effect until at least 30 days after notice of the fee has been published in the Federal Register and in the Official Gazette of the Patent and Trad… (Leahy-Smith America Invents Act) Law text · (g)
• Pub. L. 112–29, §11(d), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: (Leahy-Smith America Invents Act) Law text · (h)
• Pub. L. 112–29, §11(e)(4), inserted subsec. heading and headings of pars. (1) to (4). (Leahy-Smith America Invents Act) Law text · (i)

2002

• Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113, §1000(a)(9) [title IV, §4732(a)(10)(A)]. See 1999 Amendment note below. (21st Century Department of Justice Appropriations Authorization Act) Law text · (a)

1999

• Pub. L. 106–113, §1000(a)(9) [title IV, §4732(a)(10)(A)], as amended by Pub. L. 107–273, substituted "Director" for "Commissioner" in introductory and concluding provisions. (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (a)
• Pub. L. 106–113, §1000(a)(9) [title IV, §4202(a), (b)], substituted "$690" for "$760". (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (a), (4)
• Pub. L. 106–113, §1000(a)(9) [title IV, §4605(a)], amended par. (7) generally. Prior to amendment, par. (7) read as follows: "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 is… (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (a)
• Pub. L. 106–113, §1000(a)(9) [title IV, §4732(a)(10)(A)], substituted "Director" for "Commissioner" in introductory provisions. (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (a)
• Pub. L. 106–113, §1000(a)(9) [title IV, §4202(c)], substituted "$690" for "$760". (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (a)
• Pub. L. 106–113, §1000(a)(9) [title IV, §4732(a)(10)(A)], substituted "Director" for "Commissioner" in introductory and concluding provisions. (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (b)
• Pub. L. 106–113, §1000(a)(9) [title IV, §4202(d)], substituted "$830" for "$940". (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (b)
• Pub. L. 106–113, §1000(a)(9) [title IV, §4732(a)(10)(A)], substituted "Director" for "Commissioner" wherever appearing. (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (c), (d), (e), (f), (g)
• Pub. L. 106–113, §1000(a)(9) [title IV, §4732(a)(5)], substituted "Director" for "Commissioner of Patents and Trademarks". (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (h)
• Pub. L. 106–113, §1000(a)(9) [title IV, §4804(d)(1)], substituted "paper, microform, or electronic" for "paper or microform". (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (i)
• Pub. L. 106–113, §1000(a)(9) [title IV, §4732(a)(10)(A)] substituted "Director" for "Commissioner" in two places. (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (i)
• Pub. L. 106–113, §1000(a)(9) [title IV, §4732(a)(10)(A)], substituted "Director" for "Commissioner" wherever appearing. (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (i)

1998

• Pub. L. 105–358, §3(a), added subsec. (a) and struck out former subsec. (a) which listed fees for patent services. (United States Patent and Trademark Office Reauthorization Act, Fiscal Year 1999) Law text · (a)
• Pub. L. 105–358, §3(b), added subsec. (b) and struck out former subsec. (b) which read as follows: "The Commissioner shall charge the following fees for maintaining in force all patents based on applications filed on or after December 12, 1980: (United States Patent and Trademark Office Reauthorization Act, Fiscal Year 1999) Law text · (b)

1994

• Pub. L. 103–465, §532(b)(2), added subpar. (C). · (a)
• Pub. L. 103–465, §533(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "No patent, the term of which has been maintained as a result of the acceptance of a payment of a maintenance fee under this subsection, shall abridge or affect the right of any pe… · (c)

1992

• Pub. L. 102–444 inserted after "section" in first sentence "which is made within twenty-four months after the six-month grace period if the delay is shown to the satisfaction of the Commissioner to have been unintentional, or at any time". · (c)

1991

• Pub. L. 102–204, §5(d)(2)(A), inserted "; patent and trademark search systems" after "fees" in section catchline.
• Pub. L. 102–204, §5(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The Commissioner shall charge the following fees: · (a)
• Pub. L. 102–204, §5(a)(2), substituted "in force all patents based on applications filed on or after December 12, 1980: · (b)
• Pub. L. 102–204, §5(a)(3), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "The Commissioner will establish fees for all other processing, services, or materials related to patents not specified above to recover the estimated average cost to the Office o… · (d)
• Pub. L. 102–204, §5(b), substituted "on October 1, 1992, and every year thereafter, to reflect any fluctuations occurring during the previous 12 months" for "on October 1, 1985, and every third year thereafter, to reflect any fluctuations occurring during the previous three years". · (f)
• Pub. L. 102–204, §5(c)(1), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: "No fee established by the Commissioner under this section will take effect prior to sixty days following notice in the Federal Register." · (g)
• Pub. L. 102–204, §5(d)(1), added subsec. (i). · (i)

1986

• Pub. L. 99–607 added subsec. (h). · (h)

1984

• Pub. L. 98–622 substituted "Patent Appeals and Interferences" for "Appeals" in two places and inserted "in the appeal" after "oral hearing". · (a)

1982

• Pub. L. 97–247, §3(a), substituted provisions setting a schedule of fees for provisions which had directed that the Commissioner establish fees for the processing of an application for a patent, from filing through disposition by issuance or abandonment, for maintaining a patent in for… · (a)
• Pub. L. 97–256, §101(1), struck out "of Patents" after "Commissioner". · (a)
• Pub. L. 97–247, §3(b), substituted provisions setting a fee schedule for maintaining a patent in force for provisions which had directed that, fees for the actual processing of an application for a patent, other than for a design patent, from filing through disposition by issuance or a… · (b)
• Pub. L. 97–256, §101(2), substituted "October 1, 1982" for "the first day of the first fiscal year beginning on or after one calendar year after enactment of this Act" and "the first day of the first fiscal year beginning on or after one calendar year after enactment". · (b)
• Pub. L. 97–247, §3(c), substituted maintenance provisions for provisions which had directed that fees for maintaining patents in force were to recover 25 per centum of the estimated cost to the Office, for the year in which such maintenance fees were received, of the actual processing … · (c)
• Pub. L. 97–256, §101(3), substituted "October 1, 1996" for "the fifteenth fiscal year following the date of enactment of this Act". · (c)
• Pub. L. 97–247, §3(d), substituted provisions relating to fees for all other processing services or materials relating to patents not previously specified for provisions directing that fees for all other services or materials related to patents were to recover the estimated average cos… · (d)
• Pub. L. 97–256, §101(4), substituted "October 1, 1982" for "the first day of the first fiscal year beginning on or after one calendar year after enactment". · (d)
• Pub. L. 97–247, §3(e), substituted provisions relating to the adjustment of fees to reflect CPI fluctuations for provisions directing that fees were to be adjusted by the Commissioner to achieve the levels of recovery specified in this section but that no patent application processing … · (f)

1980

• Pub. L. 96–517 in revising fee provisions by substituting subsecs. (a) to (g) for prior subsecs. (a) to (c), required the Commissioner to establish fees based on recovery of estimated average cost of processing applications, performing miscellaneous services and providing material, required fees fo…

1975

• Pub. L. 94–131 inserted sentence respecting consideration of a multiple dependent claim as referred to in section 112 of this title or any claim depending therefrom as separate dependent claims in accordance with the number of claims to which reference is made for the purpose of compu… · (a)
• Pub. L. 93–596 substituted "Patent and Trademark Office" for "Patent Office". · (b)

1965

• Pub. L. 89–83, §1, increased the filing fee for original patents from $30 to $65, changed the additional fee from $1 for each claim in excess of twenty to $10 for each claim in independent form which is in excess of one and $2 for each claim (whether independent or dependent) which is… · (a)
• Pub. L. 89–83, §1, applied the issue fee to reissue patents as well as to original patents, increased such fee from $30 to $100, and changed the additional fee from $1 for each claim in excess of twenty to $10 for each page (or portion thereof) of specification as printed and $2 for e… · (a)
• Pub. L. 89–83, §1, changed the fee structure applicable to design patents from a filing fee of $10, $15, or $30 for terms of 3½, 7, or 14 years, respectively, to a filing fee of $20 and an issue fee of $10, $20, or $30 for terms of 3½, 7, or 14 years, respectively. · (a)
• Pub. L. 89–83, §1, increased the filing fee for reissue patents from $30 to $65, changed the additional fee from $1 for each claim in excess of twenty over and above the number of claims in the original patent to $10 for each claim in independent form which is in excess of the number … · (a)
• Pub. L. 89–83, §1, increased the fee for filing disclaimers from $10 to $15. · (a)
• Pub. L. 89–83, §1, increased the fee on appeal for the first time from the examiner to the Board of Appeals from $25 to $50, and added the additional $50 fee for filing a brief in support of the appeal. · (a)
• Pub. L. 89–83, §1, increased the fee for filing a petition for the revival of an abandoned application or for the delayed payment of the issuance fee from $10 to $15. · (a)
• Pub. L. 89–83, §1, inserted fee for the certificate under section 256 of this title, and increased the fee for a certificate under section 255 of this title from $10 to $15. · (a)
• Pub. L. 89–83, §1, increased the fee for copies of specifications and drawings of patents (other than design patents) from 25 cents to 50 cents per copy and the fee for copies of specifications and drawings of design patents from 10 cents to 20 cents per copy, and permitted the Commis… · (a)
• Pub. L. 89–83, §1, changed the recording fee from $3 for every document not exceeding six pages and $1 for each additional two pages or less to a flat $20 fee for every document, and substituted a $3 fee for each additional item where the document relates to more than one patent or a… · (a)
• Pub. L. 89–83, §2, added subsec. (c). · (c)