35-U.S.C.-376
§376 – Fees
Pathway
Title 35 > Part IV > Chapter 37 > Section 376
Details
- Reference: Section 376
- Legend: §376 – Fees
- USCode Year: 2013
Provision Content
(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.
(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.)
Amendments
2002—Subsec. (a)(1) to (3). Pub. L. 107–273, §13206(a)(21), substituted period for semicolon at end.
Subsecs. (a)(5), (b). Pub. L. 107–273, §13206(b)(1)(B), made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below.
1999—Subsecs. (a)(5), (b). Pub. L. 106–113, as amended by Pub. L. 107–273, §13206(b)(1)(B), substituted Director for Commissioner wherever appearing.
1991—Subsec. (a). Pub. L. 102–204, §5(g)(1)(A), in introductory provisions inserted shall charge a national fee as provided in section 41(a), and after Office, redesignated pars. (5) and (6) as (4) and (5), respectively, and struck out former par. (4), which read as follows: A national fee (see section 371(c));.
Subsec. (b). Pub. L. 102–204, §5(g)(1)(B), substituted the national fee, the preliminary examination fee, for the preliminary examination fee.
1986—Subsec. (a). Pub. L. 99–616, §8(a), in introductory provisions, inserted and the handling fee and substituted amounts are for amount is, added par. (5), and redesignated former par. (5) as (6).
Subsec. (b). Pub. L. 99–616, §8(b), inserted and the handling fee and the preliminary examination fee and any additional fees,.
1984—Subsec. (a). Pub. L. 98–622, §403(a), substituted Patent and Trademark Office for Patent Office in provision preceding par. (1).
Subsec. (a)(5), (6). Pub. L. 98–622, §402(g), redesignated par. (6) as (5). Former par. (5), which read A special fee (to be paid when required; see section 372(c)), was struck out.
Effective Date of 1999 Amendment
Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out as a note under section 1 of this title.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–616 effective July 1, 1987, and applicable to all international applications pending before or after that date, see section 9 of Pub. L. 99–616, set out as a note under section 351 of this title.
Effective Date of 1984 Amendment
Amendment by section 402(g) of Pub. L. 98–622 effective six months after Nov. 8, 1984, see section 406(b) of Pub. L. 98–622, set out as a note under section 3 of this title.
Amendment by section 403(a) of Pub. L. 98–622 effective Nov. 8, 1984, see section 406(a) of Pub. L. 98–622, set out as a note under section 351 of this title.
U.S. Encyclopedia of Law Coverage
35-U.S.C.-365 in the Legal Encyclopedia: Patents
In this entry about 35-U.S.C.-365, find legal reference material, bibliographies and premiere content related to patents in the American Encyclopedia of Law, presenting a comprehensive view of the United States patents-specific issues, written by authorities in the field.
35-U.S.C.-361 in the Legal Encyclopedia: Treaties
In this entry about 35-U.S.C.-361, find legal reference material, bibliographies and premiere content related to treaties in the American Encyclopedia of Law, presenting a comprehensive view of the United States treaties-specific issues, written by authorities in the field.
35-U.S.C.-361 in the Legal Encyclopedia: International Law
In this entry about 35-U.S.C.-361, find legal reference material, bibliographies and premiere content related to international law in the American Encyclopedia of Law, presenting a comprehensive view of the United States international law-specific issues, written by authorities in the field.
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