Page:United States Statutes at Large Volume 118.djvu/2956

 118 STAT. 2926 PUBLIC LAW 108–447—DEC. 8, 2004 unless the petition is filed under section 133 or 151 of this title, in which case the fee shall be $500. ‘‘(8) EXTENSION FEES.—For petitions for 1 month extensions of time to take actions required by the Director in an application— ‘‘(A) on filing a first petition, $120; ‘‘(B) on filing a second petition, $330; and ‘‘(C) on filing a third or subsequent petition, $570.’’. (b) PATENT MAINTENANCE FEES.—During fiscal years 2005 and 2006, subsection (b) of section 41 of title 35, United States Code, shall be administered as though that subsection reads as follows: ‘‘(b) MAINTENANCE FEES.—The Director shall charge the fol lowing fees for maintaining in force all patents based on applications filed on or after December 12, 1980: ‘‘(1) 3 years and 6 months after grant, $900. ‘‘(2) 7 years and 6 months after grant, $2,300. ‘‘(3) 11 years and 6 months after grant, $3,800. Unless payment of the applicable maintenance fee is received in the United States Patent and Trademark Office on or before the date the fee is due or within a grace period of 6 months thereafter, the patent will expire as of the end of such grace period. The Director may require the payment of a surcharge as a condition of accepting within such 6 month grace period the payment of an applicable maintenance fee. No fee may be established for maintaining a design or plant patent in force.’’. (c) PATENT SEARCH FEES.—During fiscal years 2005 and 2006, subsection (d) of section 41 of title 35, United States Code, shall be administered as though that subsection reads as follows: ‘‘(d) PATENT SEARCH AND OTHER FEES.— ‘‘(1) PATENT SEARCH FEES.— ‘‘(A) The Director shall charge a fee for the search of each application for a patent, except for provisional applications. The Director shall establish the fees charged under this paragraph to recover an amount not to exceed the estimated average cost to the Office of searching applications for patent either by acquiring a search report from a qualified search authority, or by causing a search by Office personnel to be made, of each application for patent. For the 3 year period beginning on the date of enactment of this Act, the fee for a search by a qualified search authority of a patent application described in clause (i), (iv), or (v) of subparagraph (B) may not exceed $500, of a patent application described in clause (ii) of subpara graph (B) may not exceed $100, and of a patent application described in clause (iii) of subparagraph (B) may not exceed $300. The Director may not increase any such fee by more than 20 percent in each of the next three 1 year periods, and the Director may not increase any such fee thereafter. ‘‘(B) For purposes of determining the fees to be estab lished under this paragraph, the cost to the Office of causing a search of an application to be made by Office personnel shall be deemed to be— ‘‘(i) $500 for each application for an original patent, except for design, plant, provisional, or international applications; ‘‘(ii) $100 for each application for an original design patent;

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