2013 US Code
Title 35 - Patents
Part IV - PATENT COOPERATION TREATY (§§ 351 - 376)
Chapter 37 - NATIONAL STAGE (§§ 371 - 376)
Section 376 - Fees
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 35 - PATENTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 35 - PATENTS PART IV - PATENT COOPERATION TREATY CHAPTER 37 - NATIONAL STAGE Sec. 376 - Fees |
Contains | section 376 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 94-131, §1, Nov. 14, 1975, 89 Stat. 690; amended Pub. L. 98-622, title IV, §§402(g), 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 99-616, §8, Nov. 6, 1986, 100 Stat. 3486; Pub. L. 102-204, §5(g)(1), Dec. 10, 1991, 105 Stat. 1640; Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582; Pub. L. 107-273, div. C, title III, §13206(a)(21), (b)(1)(B), Nov. 2, 2002, 116 Stat. 1905, 1906. |
Statutes at Large References | 89 Stat. 690 98 Stat. 3392 100 Stat. 3486 105 Stat. 1640 113 Stat. 1536 116 Stat. 1905 |
Public Law References | Public Law 94-131, Public Law 98-622, Public Law 99-616, Public Law 102-204, Public Law 106-113, Public Law 107-273 |
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(a) The required payment of the international fee and the handling fee, which amounts are specified in the Regulations, shall be paid in United States currency. The Patent and Trademark Office shall charge a national fee as provided in section 41(a), and 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 preliminary examination fee and any additional fees (see section 362(b)).
(5) Such other fees as established by the Director.
(b) The amounts of fees specified in subsection (a) of this section, except the international fee and the handling fee, shall be prescribed by the Director. He may refund any sum paid by mistake or in excess of the fees so specified, or if required under the treaty and the Regulations. The Director may also refund any part of the search fee, the national fee, the preliminary examination fee, and any additional fees, where he determines such refund to be warranted.
(Added Pub. L. 94–131, §1, Nov. 14, 1975, 89 Stat. 690; amended Pub. L. 98–622, title IV, §§402(g), 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 99–616, §8, Nov. 6, 1986, 100 Stat. 3486; Pub. L. 102–204, §5(g)(1), Dec. 10, 1991, 105 Stat. 1640; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, §13206(a)(21), (b)(1)(B), Nov. 2, 2002, 116 Stat. 1905, 1906.)
AMENDMENTS2002—Subsec. (a)(1) to (3). Pub. L. 107–273, §13206(a)(21), substituted period for semicolon at end.
Subsecs. (a)(5), (b). Pub. L. 107–273, §13206(b)(1)(B), made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below.
1999—Subsecs. (a)(5), (b). Pub. L. 106–113, as amended by Pub. L. 107–273, §13206(b)(1)(B), substituted "Director" for "Commissioner" wherever appearing.
1991—Subsec. (a). Pub. L. 102–204, §5(g)(1)(A), in introductory provisions inserted "shall charge a national fee as provided in section 41(a), and" after "Office", redesignated pars. (5) and (6) as (4) and (5), respectively, and struck out former par. (4), which read as follows: "A national fee (see section 371(c));".
Subsec. (b). Pub. L. 102–204, §5(g)(1)(B), substituted "the national fee, the preliminary examination fee," for "the preliminary examination fee".
1986—Subsec. (a). Pub. L. 99–616, §8(a), in introductory provisions, inserted "and the handling fee" and substituted "amounts are" for "amount is", added par. (5), and redesignated former par. (5) as (6).
Subsec. (b). Pub. L. 99–616, §8(b), inserted "and the handling fee" and "the preliminary examination fee and any additional fees,".
1984—Subsec. (a). Pub. L. 98–622, §403(a), substituted "Patent and Trademark Office" for "Patent Office" in provision preceding par. (1).
Subsec. (a)(5), (6). Pub. L. 98–622, §402(g), redesignated par. (6) as (5). Former par. (5), which read "A special fee (to be paid when required; see section 372(c))", was struck out.
EFFECTIVE DATE OF 1999 AMENDMENTAmendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1986 AMENDMENTAmendment by Pub. L. 99–616 effective July 1, 1987, and applicable to all international applications pending before or after that date, see section 9 of Pub. L. 99–616, set out as a note under section 351 of this title.
EFFECTIVE DATE OF 1984 AMENDMENTAmendment by section 402(g) of Pub. L. 98–622 effective six months after Nov. 8, 1984, see section 406(b) of Pub. L. 98–622, set out as a note under section 3 of this title.
Amendment by section 403(a) of Pub. L. 98–622 effective Nov. 8, 1984, see section 406(a) of Pub. L. 98–622, set out as a note under section 351 of this title.
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