(45)                      DEPARTMENT OF COMMERCE
                       Patent and Trademark Office
                         37 CFR Parts 1, 2    3

                        [Docket No. 910246-2140]
                             RIN 0651-AA43

             Changes in Patent and Trademark Assignment Practice

Agency: Patent and Trademark Office, Commerce
Action: Final Rule; correction.
Summary: The Patent and Trademark Office (Office) amended the rules of
practice regarding assignments in patent and trademark cases to improve
and clarify the rules, to codify changes in practice and to consolidate
the rules into a new Part 3 directed to assignments. In the final
assignment rules a fee change promulgated in January 1992 was
inadvertently omitted from the    1.17(i)(1) listing.
Effective Date: September 4, 1992.
For Further Information Contact: Jeffery V. Nase by telephone at (703)
305-9282 or by mail marked to his attention and addressed to
Commissioner of Patents and Trademarks, Box DAC, Washington, D.C. 20231.
Supplementary Information: The amended assignment rules first appeared
in a notice of proposed rulemaking published in the Federal Register on
May 10, 1991, at 56 FR 21641, and the Patent and Trademark Office
Official Gazette of June 4, 1991, at 1127 OG 8-16. The final rules
appeared in the Federal Register on July 6, 1992, at 57 FR 29634.
Between the time the proposed and final rules were published, 37 CFR   
1.97(d) was amended, effective March 16, 1992, by a final rule which
appeared in the Federal Register of January 17, 1992, 57 FR 2021,
relating to the duty of disclosure. The amendment provided for a new
petition fee which was referenced in 37 CFR    1.17, patent application
processing fees. The reproduction of    1.17 in the final assignment
rule package neglected to add the reference to the new petition under   
   Section 1.17(i)(1) is reproduced in its entirety to include the
reference to    1.97(d) which was inadvertently omitted. The amount of
the fee for considering an information disclosure statement is not
affected by this rule change.

List of Subjects

37 CFR Part 1
   Administrative practice and procedure, Courts, Freedom of information,
Inventions and patents.
 For the reasons set out in the preamble and pursuant to the authority
contained in 35 U.S.C. 6, part 1 of title 37 of the Code of Federal
Regulations has been amended as set forth below.

   1. The authority citation for 37 CFR Part 1 would continue to read as

Authority: 35 U.S.C. 6, unless otherwise noted.
2. Section 1.17 is amended by revising paragraph (i)(1) to read as

   1.17 Patent application processing fees.

* * * * *

(i)(1) For filing a petition to the Commissioner under a section of this
part listed below which refers to this para-
graph                                                              $130.00

   1.12 - foraccess to an assignment record.
   1.14 - for access to an application.
   1.53 - to accord a filing date.
   1.55 - for entry of late priority papers.
   1.60 - to accord a filing date.
   1.62 - to accord a filing date.
   1.97(d) - to consider an information disclosure statement.
   1.103 - to suspend action in application.
   1.177 - for divisional reissues to issue separately.
   1.312 - for amendment after payment of issue fee.
   1.313 - to withdraw an application from issue.
   1.314 - to defer issuance of a patent.
   1.666(b) - for access to interference settlement agreement.
   3.81 - for patent to issue to assignee, assignment submitted after
payment of the issue fee.

* * * * *

July 17, 1992                                             DOUGLAS B. COMER
                                              Assistant Secretary & Acting
                                                   Commissioner of Patents
                                                            and Trademarks

                                [1141 OG 38]