(58)                        DEPARTMENT OF COMMERCE
                          Patent and Trademark Office
                                 37 CFR Part 1
                        [Docket No. 980713170-8247-02]
                                 RIN 0651-AA96

                 Revision of Patent Fees for Fiscal Year 1999

AGENCY: Patent and Trademark Office, Commerce.

ACTION: Final rule; Delay of effective date.

SUMMARY: The Patent and Trademark Office (PTO) published a final rule in
the Federal Register of July 24, 1998, that revised certain patent fee
amounts for fiscal year 1999. Since then, a continuing resolution
appropriations bill has been passed by the Congress and signed by the
President. The continuing resolution maintains patent fees at their
September 1998 (fiscal year 1998) rates through October 9, 1998. This
document delays the effective date of the PTO's final rule until October
10, 1998, unless it is superseded by law.

DATES: The effective date of the final rule published at 63 FR 46891,
July 24, 1998, and corrected at 63 FR 46891, September 3, 1998, is
delayed until October 10, 1998, unless it is superseded by law. If this
date is superseded by law, PTO will publish further notice in the
Federal Register.

FOR FURTHER INFORMATION CONTACT: Matthew Lee by telephone at (703)
305-8051, fax at (703) 305-8007, or by mail marked to his attention and
addressed to the Commissioner of Patents and Trademarks, Office of
Finance, Crystal Park 1, Suite 802, Washington, D.C. 20231.

SUPPLEMENTARY INFORMATION: The Patent and Trademark Office (PTO)
published a final rule in the Federal Register of July 24, 1998, that
revised certain patent fee amounts for fiscal year 1999 (63 FR 39731).
See also 63 FR 46891 (September 3, 1998) (correcting one of the fee
amounts specified in the July 24, 1998 final rule). Since then, a
continuing resolution appropriations bill was passed by the Congress and
signed by the President on September 25, 1998. See H.R. Res. 128, P.L.
105-240 (1998). It maintains patent fees at their September 1998 (fiscal
year 1998) rates through the period of the continuing resolution enacted
on September 25, 1998, which expires October 9, 1998. The continuing
resolution supersedes the July 24, 1998, final rule on revision of
patent fees for fiscal year 1999. Accordingly, this notice delays the
effective date of the final rule until October 10, 1998. Additional
continuing resolutions could further extend the fiscal year 1998 fee
rates into fiscal year 1999.            
   

Legislation is still pending in the Congess to set new patent fees for
fiscal year 1999. If an appropriations or authorization bill authorizing
new patent fees is enacted prior to the expiration of a continuing
resolution, it will supersede the continuing resolution. Patent
customers should refer to the official PTO website (www.uspto.gov), or
call the PTO General Information Services Division at (703) 308-4357 or
(800) PTO-9199, for the most current fee amounts and information.

Sep. 28, 1998                                               BRUCE A. LEHMAN
                                        Assistant Secretary of Commerce and
                                     Commissioner of Patents and Trademarks

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