IN THE SENATE OE THE UNITED STATES FEBRUARY 19,1965

Transcription

1 89TII CONGRESS 1ST SESSION S IN THE SENATE OE THE UNITED STATES FEBRUARY 19,1965 Mr. TYDINGS (by request) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To fix certain fees payable to the Patent Office, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That the items numbered 1 through 11 in subsection (a) of 4 section 41, title 35, United "States Code, are respectively 5 amended to read as follows: 6 "1. On filing each application for an original patent, 7 except in design cases, $75; in addition, on filing or on pres- 8 entation at any other time, $10 for each claim which is in 9 excess of ten. 10 "2. (a) For issuing each original patent, except in de- 126 X

2 1 sign cases, $100; in addition, $10 for each claim which is in 2 excess of ten. 3 "(b) Tor issuing each reissue patent, $100; in addition, 4 $10 for each claim which is in excess of ten and also in excess 5 of the number of claims of the original patent. 6 "3. In design cases: 7 "a. On filing each design application, $40. 8 "b. On issuing each design patent: For three years 9 and six months, $10; for seven years, $20; and for four- 10 teen years, $40. H "4. On filing each application for the reissue of a patent, 12 $75; in addition, on filing or on presentation at any other 13 time, $10 for each claim which is in excess of ten and also in 14 excess of the number of claims of the original patent. 15 "5. On filing each disclaimer, $ "6. Oh an appeal for the first time from the Examiner 17 to the Board of Appeals, $50. On filing a brief in support 18 of the appeal, $ "7. On filing each petition for the revival of an aban- 20 doned application for a patent or for the delayed payment of 21 the fee.for issuing each patent, $ "8. For certificate under section 255 or under section of this title, $ "9. As available and if in print: For uncertified printed 25 copies of specifications and drawings of patents (except 127 *

3 1 design patents), 50 cents per copy; for design patents, 20 2 cents per copy; the Commissioner may establish a charge 3 not to exceed $1 per copy for patents in excess of twenty-five 4 pages of drawings and specifications and for plant patents 5 printed in color; special rates for libraries specified in section 6 13 of this title, $50 for patents issued in one year. 7 "10. For recording every assignment, agreement or other 8 paper relating to the property in a patent or application, 9 $10; when the document relates to more than one patent or 10 application, $3 for each additional item. 11 "11. For each certificate, $2." 12 SEC. 2. Section 41 of title 35, United States Code, is fur- 13 ther amended by adding the following subsections: 14 "(c) The fees prescribed by or under this section shall 15 apply to any other Government department or agency, or 16 officer thereof, except that the Commissioner may waive the 17 payment of any fee for services or materials in cases of 18 occasional or incidental requests by a Government depart- 19 ment or agency, or officer thereof. 20 "(d) Errors in payment of the above fees may be 21 rectified in accordance with regulations of the Commissioner." 22 SEC. 3. Section 31 of the Act of July 5, 1946, entitled 23 "An Act to provide for the registration and protection of 24 trademarks used in commerce, to carry out the provisions of 128

4 1 certain international conventions, and for other purposes" 2 (15 U.S.C. 1113) is amended to read as follows: 3 " (a.) The following fees shall be paid to the Patent 4 Office under this Act: 5 "1. On filing each original application for registration of 6 a mark in each class, $45. 7 "2. On filing each application for renewal in each class, 8 $25; and on riling each application for renewal in each class 9 after expiration of the registration, an additional fee of $ "3. On filing each petition for the revival of an abandoned 11 application, $ "4. On filing notice of opposition or application for can- 1 3 cellation, $ "5. On appeal from an examiner in charge of the regis- 15 tration of marks to the Trademark Trial and Appeal Board, 16 $ "g. For issuance of a new certificate of registration fol- 18 lowing change of ownership of a mark or correction of a 19 registrant's mistake, $ "7. For certificate of correction of registrant's mistake, 21 $ "8. For certifying in any case, $2. 23 "9. For filing each disclaimer after registration, $ "10. For printed copy of registered mark, 15 cents. 25 "ii, J^QV recording every assignment* agreement, or 129

5 1 other paper relating to the property in a registration or appli- 2 cation, $10; where the document relates to more than one 3 application or registration, $3 for each additional item. 4 "12. On filing notice of claim of benefits of this Act for a 5 mark to be published under section 12 (c) hereof, $20. 6 "(b) The Commissioner may establish charges for copies 7 of records, publications, or services furnished by the Patent 8 Office, not specified above. 9 "(c) The Commissioner may refund any sum paid by 10 mistake or in excess." 11 SEC. 4. (a) Section 266 of title 35, United States Code, 12 is repealed. 13 (b) The chapter analysis of chapter 27 of title 35, 14 United States Code, is amended by striking out the following 15 item: "266. Issue of patents without fees to Government employees." 16 SEC. 5. (a) This Act shall take effect three months 17 after its enactment. 18 (b) Items 1, 3, and 4 of section 41 (a) of title 35, 19 United States Code, as amended by section 1 of this Act, 20 do not apply in further'proceedings in applications filed 21 prior to the effective date of this Act. 22 (c) Item 2 of section 41 (a), as amended by section 1 23 of this Act, does not apply in cases in which the notice of 24 allowance of the application was sent prior to the effective 130

6 6 1 date; and, in such cases, the fee due is the fee specified 2 in this title prior to the effective date of this Act. 131

7 89TH CONGRESS 1ST SESSION S A BILL To fix certain fees payable to the Patent Office, and for other purposes. By Mr. TYPINGS FEBRUARY 19,1965 Rend twice and referred to the Committee on the Judiciary