United States Patent and Trademark Office OG Notices: 23 Oct 2007
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 1
[Docket No. PTO-C-2006-0015]
RIN 0651-AB81
Revision of Patent Fees for Fiscal Year 2007
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule; correction.
SUMMARY: The United States Patent and Trademark Office (Office) published
a final rule in the Federal Register of August 22, 2007, adjusting patent
fees for fiscal year 2007 to reflect fluctuations in the Consumer Price
Index (CPI). This document corrects errors in that final rule.
EFFECTIVE DATE: September 30, 2007.
FOR FURTHER INFORMATION CONTACT: Richard R. Cole, Senior Legal Examiner,
Office of PCT Legal Administration (OPCTLA) directly by telephone at
(571) 272-3281, or by facsimile at (571) 273-0459.
SUPPLEMENTARY INFORMATION: The Office published a final rule in the
Federal Register of August 22, 2007 (72 FR 46899), entitled "Revision of
Patent Fees for Fiscal Year 2007." In that final rule, there was a
mathematical error in the computation of fees payable under 37 CFR 1.17(a)
(4) and (a)(5). This document amends the final rule with the correct fees.
Additionally, the text of existing 37 CFR 1.492(b)(2) through (b)(4) was
inadvertently changed in that final rule. This document corrects the text
of 37 CFR 1.492(b)(2) through (b)(4) in that final rule.
Section 553(d) of the Administrative Procedure Act (5 U.S.C. 553(d))
ordinarily requires a 30-day delay in the effective date of final rules
after the date of their publication in the Federal Register. This 30-day
delay in effective date can be waived, however, if an agency finds for
good cause that the delay is impracticable, unnecessary, or contrary to
the public interest. The changes in 37 CFR 1.17(a)(4) and (a)(5) reflect
a technical error in the computation of the payable fee. The changes in 37
CFR 1.492(b)(2) through (b)(4) do not change the fee amounts from the final
rule published on August 22, 2007, but merely correct the language
consistent with the existing and intended text. The Office finds it
impracticable to have a 30-day delayed effective date for these technical
corrections as the Office must charge the correct fees as of the effective
date. Furthermore, the Office finds that it is in the public's interest to
correct the changes in text where no change is intended. Therefore, the
Office is waiving the 30-day delay in effective date for the technical and
computational corrections in this notice.
. In rule FR Doc. E7-16574, August 22, 2007 (72 FR 46899), make the
following corrections:
1.17 [Corrected]
. 1. On page 46902, in the first column, 1.17(a)(4) through (a)(5) are
corrected to read as follows:
1.17 Patent application and reexamination processing fee.
(a) * * *
(4) For reply within fourth month:
By a small entity ( 1.27(a))................................ $820.00
By other than a small entity............................... $1,640.00
(5) For reply within fifth month:
By a small entity ( 1.27(a)).............................. $1,115.00
By other than a small entity............................... $2,230.00
* * * * *
1.492 [Corrected]
. 2. On page 46902, in the third column, 1.492(b)(2) through (b)(4)
are corrected to read as follows:
1.492 National stage fees.
* * * * *
(b) * * *
(2) If the search fee as set forth in 1.445(a)(2) has been paid on
the international application to the United States Patent and Trademark
Office as an International Searching Authority:
By a small entity ( 1.27(a))................................. $50.00
By other than a small entity................................. $100.00
(3) If an international search report on the international application
has been prepared by an International Searching Authority other than the
United States International Searching Authority and is provided, or has
been previously communicated by the International Bureau, to the Office:
By a small entity ( 1.27(a))................................ $205.00
By other than a small entity................................. $410.00
(4) In all situations not provided for in paragraphs (b)(1), (b)(2), or
(b)(3) of this section:
By a small entity ( 1.27(a))................................ $255.00
By other than a small entity................................. $510.00
* * * * *
September 25, 2007 BARRY K. HUDSON
Chief Financial Officer