Certain Fees to be Adjusted
The House and Senate passed on November 19, 1999, the American
Inventors Protection Act of 1999 as part of the conference report (H.
Rpt. 106-479) on H.R. 3194, Consolidated Appropriations Act, Fiscal Year
2000. The text of the American Inventors Protection Act of 1999 is
contained in Title IV of S. 1948, the Intellectual Property and
Communications Omnibus Reform Act of 1999, which is incorporated by
reference in Division B of the conference report. This bill contains
language that will decrease certain patent fees and increase certain
trademark fees as shown below. The President is expected to sign the
legislation. However, the Patent and Trademark Office (PTO) does not
know when the President will sign the legislation.
A final rule amending the rules of practice in patent and trademark
cases to indicate the new fee amounts will be published in the Federal
Register. This notice constitutes the publication requirement for the
Official Gazette of the Patent and Trademark Office. The final rule and
the new PTO fee schedule will be posted to the PTO Web site in the near
future.
The effective date for the amendments to the fee amounts in 37 CFR 1.16,
1.20, and 1.492 (shown in bold) will be 30 days after the enactment date
of H.R. 3194 (S. 1948), that is, 30 days after the President signs the
legislation. The effective date for the amendments to the fee amounts in
37 CFR 1.17 and 2.6 (shown in italics) will be January 10, 2000.
Section 1.53(d), which relates to a continued prosecution application
(CPA), is not being revised by H.R. 3194 (S. 1948). However, it should
be noted that section 1.53(d)(3) requires payment of the basic filing
fee as set forth in 37 CFR 1.16.
Patent and trademark customers are responsible for paying the correct
fee amounts. We advise our customers to refer to the official PTO Web
site (www.uspto.gov), or contact the PTO General Information Services
Division at (703) 308-4357 or (800) PTO-9199 for the most current fee
amounts and information.
Patent Fees
37 CFR Sec. Description Current Fee New Fee
Amount Amount
1.16(a) Basic filing fee -- Utility $760 $690
1.16(a) Basic filing fee -- Utility $380 $345
(Small Entity)
1.16(a) Basic filing fee -- Utility $760 $690
(CPA)
1.16(a) Basic filing fee -- Utility $380 $345
(CPA) (Small Entity)
1.16(h) Reissue filing fee $760 $690
1.16(h) Reissue filing fee $380 $345
(Small Entity)
1.16(h) Reissue filing fee (CPA) $760 $690
1.16(h) Reissue filing fee (CPA) $380 $345
(Small Entity)
1.17(r) Filing a submission $760 $690
after final rejection (1.129(a))
1.17(r) Filing a submission $380 $345
after final rejection (1.129(a))
(Small Entity)
1.17(s) Per additional invention $760 $690
to be examined (1.129(b))
1.17(s) Per additional invention $380 $345
to be examined (1.129)b))
(Small Entity)
1.20(e) Maintenance fee - $940 $830
due at 3.5 years
1.20(e) Maintenance fee - $470 $415
due at 3.5 years (Small Entity)
1.492(a)(2) ISA - U.S. $760 $690
1.492(a)(2) ISA - U.S. (Small Entity) $380 $345
Trademark Fees
37 CFR Sec. Description Current Fee New Fee
Amount Amount
2.6(a)(1) Application for registration, $245 $325
per class
2.6(a)(4) Extension for filing $100 $150
Statement of Use, per class
2.6(a)(5) Application for renewal, $300 $400
per class
2.6(a)(13) Filing section 15 affidavit, $100 $200
per class
2.6(a)(16) Petition for cancellation, $200 $300
per class
2.6(a)(17) Notice of opposition, per class $200 $300
Questions or comments concerning this notice should be forwarded to
Matthew Lee by telephone at (703) 305-8051, by e-mail at
matthew.lee@uspto.gov, or by facsimile 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.
November 24, 1999 Q. TODD DICKINSON
Assistant Secretary of Commerce and
Commissioner of Patents and Trademarks