35 U.S.C. § 376 — Fees

submitted 51 years ago by Pub. L. 94-131 to r/title-35-PATENTS · 174 words · no verdicts yet

in plain englishAI-generated · not legal advice

Applicants must pay an international fee and a handling fee in U.S. currency. The Patent Office also charges a national fee, plus fees like transmittal, search, and preliminary examination. The Director sets most fee amounts and can refund overpayments.

(a) Applicants must pay the international fee and the handling fee — amounts set in the Regulations — in U.S. currency. The Patent and Trademark Office also charges a national fee, as section 41(a) sets out. On top of that, it may charge: a transmittal fee (see section 361(d)); a search fee (see section 361(d)); a supplemental search fee, only when one is required; a preliminary examination fee and any related additional fees (see section 362(b)); and any other fees the Director sets. (b) The Director sets the amount of every fee under (a) except the international fee and the handling fee. The Director can refund money paid by mistake, paid in excess of what's owed, or refundable under the treaty and Regulations. The Director can also refund part of the search fee, the national fee, the preliminary examination fee, or any additional fees, whenever the Director decides a refund is warranted.

the actual law source: uscode.house.gov ↗public domain

(a)

The required payment of the international fee and the handling fee, which amounts are specified in the Regulations, shall be paid in United States currency. The Patent and Trademark Office shall charge a national fee as provided in section 41(a), and may also charge the following fees:

(1)

A transmittal fee (see section 361(d)).

(2)

A search fee (see section 361(d)).

(3)

A supplemental search fee (to be paid when required).

(4)

A preliminary examination fee and any additional fees (see section 362(b)).

(5)

Such other fees as established by the Director.

(b)

The amounts of fees specified in subsection (a) of this section, except the international fee and the handling fee, shall be prescribed by the Director. He may refund any sum paid by mistake or in excess of the fees so specified, or if required under the treaty and the Regulations. The Director may also refund any part of the search fee, the national fee, the preliminary examination fee, and any additional fees, where he determines such refund to be warranted.

Source credit: (Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 690; amended Pub. L. 98–622, title IV, §§ 402(g), 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 99–616, § 8, Nov. 6, 1986, 100 Stat. 3486; Pub. L. 102–204, § 5(g)(1), Dec. 10, 1991, 105 Stat. 1640; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(a)(21), (b)(1)(B), Nov. 2, 2002, 116 Stat. 1905, 1906.)

history & why it existsrecord from the source credit

1975Enacted · Pub. L. 94-131 · 89 Stat. 690
1984Amended · Pub. L. 98-622 · 98 Stat. 3392
1986Amended · Pub. L. 99-616 · 100 Stat. 3486
1991Amended · Pub. L. 102-204 · 105 Stat. 1640
1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
2002Amended · Pub. L. 107-273 · 116 Stat. 1905, 1906

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-131 on 1975-11-14.

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