Page:United States Statutes at Large Volume 118.djvu/2958

 118 STAT. 2928 PUBLIC LAW 108–447—DEC. 8, 2004 ‘‘(iii) the Patent Public Advisory Committee reviews and analyzes the Director’s report under clause (ii) and the results of the pilot program and submits a separate report on its analysis to the Director and the Congress that includes— ‘‘(I) an independent evaluation of the effects that the pilot program, as compared to searches conducted by the Patent and Trademark Office, had and will have on the factors set forth in clause (ii)(IV); and ‘‘(II) an analysis of the reasonableness, appro priateness, and effectiveness of the methods used in the pilot program to make the evaluations required under clause (ii)(IV); and ‘‘(iv) Congress does not, during the 1 year period beginning on the date on which the Patent Public Advisory Committee submits its report to the Congress under clause (iii), enact a law prohibiting searches by commercial entities of the available prior art relating to the subject matter of inventions claimed in patent applications. ‘‘(F) The Director shall require that any search by a qualified search authority that is a commercial entity is conducted in the United States by persons that— ‘‘(i) if individuals, are United States citizens; and ‘‘(ii) if business concerns, are organized under the laws of the United States or any State and employ United States citizens to perform the searches. ‘‘(G) A search of an application that is the subject of a secrecy order under section 181 or otherwise involves classified information may only be conducted by Office personnel. ‘‘(H) A qualified search authority that is a commercial entity may not conduct a search of a patent application if the entity has any direct or indirect financial interest in any patent or in any pending or imminent application for patent filed or to be filed in the Patent and Trademark Office. ‘‘(2) OTHER FEES.—The Director shall establish fees for all other processing, services, or materials relating to patents not specified in this section to recover the estimated average cost to the Office of such processing, services, or materials, except that the Director shall charge the following fees for the following services: ‘‘(A) For recording a document affecting title, $40 per property. ‘‘(B) For each photocopy, $.25 per page. ‘‘(C) For each black and white copy of a patent, $3. The yearly fee for providing a library specified in section 12 of this title with uncertified printed copies of the specifications and drawings for all patents in that year shall be $50.’’. (d) ADJUSTMENTS.—During fiscal years 2005 and 2006, sub section (f) of section 41 of title 35, United States Code, shall apply to the fees established under this section. (e) FEES FOR SMALL ENTITIES.—During fiscal years 2005 and 2006, subsection (h) of section 41 of title 35, United States Code, shall be administered as though that subsection is amended—

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