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letters patent, and such other patents and printed publications as may be necessary or practicable, for the purpose of determining with readiness and accuracy the novelty of inventions for which applications for patent are filed. (July 19, 1952, ch. 950, 66 Stat. 794, §9; renumbered §8 and amended Pub. L. 106-113, div. B, § 1000(a)(9) [title IV, §§ 4717(1), 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-580, 1501A-582.) PRIOR PROVISIONS

A prior section 8 was renumbered section 7 of this title.

AMENDMENTS

1999- Pub. L. 106-113 renumbered section 9 of this title as this section and substituted "Director" for "Commissioner".

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.

§ 9. Certified copies of records

The Director may furnish certified copies of specifications and drawings of patents issued by the Patent and Trademark Office, and of other records available either to the public or to the person applying therefor.

(July 19, 1952, ch. 950, 66 Stat. 794, §10; Pub. L. 93-596, §1, Jan. 2, 1975, 88 Stat. 1949; renumbered §9 and amended Pub. L. 106-113, div. B, § 1000(a)(9) [title IV, §§ 4717(1), 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-580, 1501A-582.) PRIOR PROVISIONS

A prior section 9 was renumbered section 8 of this title.

AMENDMENTS

1999- Pub. L. 106-113 renumbered section 10 of this title as this section and substituted "Director" for "Commissioner".

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.

§ 10. Publications

(a) The Director may publish in printed, typewritten, or electronic form, the following:

1. Patents and published applications for patents, including specifications and drawings, together with copies of the same. The Patent and Trademark Office may print the headings of the drawings for patents for the purpose of photolithography.

2. Certificates of trade-mark registrations, including statements and drawings, together with copies of the same.

3. The Official Gazette of the United States Patent and Trademark Office.

4. Annual indexes of patents and patentees, and of trade-marks and registrants.

5. Annual volumes of decisions in patent and trade-mark cases.

6. Pamphlet copies of the patent laws and rules of practice, laws and rules relating to

trade-marks, and circulars or other publications relating to the business of the Office.

(b) The Director may exchange any of the publications specified in items 3, 4, 5, and 6 of subsection (a) of this section for publications desirable for the use of the Patent and Trademark Office.

(July 19, 1952, ch. 950, 66 Stat. 794, §11; Pub. L. 93-596, §1, Jan. 2, 1975, 88 Stat. 1949; renumbered §10 and amended Pub. L. 106-113, div. B, § 1000(a)(9) [title IV, §§ 4507(1), 4717(1), 4732(a)(10)(A), 4804(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-565, 1501A-580, 1501A-582, 1501A-589.) PRIOR PROVISIONS

A prior section 10 was renumbered section 9 of this title.

AMENDMENTS

1999-Pub. L. 106-113, §1000(a)(9) [title IV, §§ 4717(1), 4732(a)(10)(A)], renumbered section 11 of this title as this section and substituted "Director" for "Commissioner" in subsec. (b).

Subsec. (a). Pub. L. 106-113, §1000(a)(9) [title IV, § 4804(b)], in introductory provisions, substituted "The Director may publish in printed, typewritten, or electronic form, the following:" for "The Commissioner may print, or cause to be printed, the following:".

Subsec. (a)1. Pub. L. 106-113, §1000(a)(9) [title IV, § 4507(1)], which directed the insertion of “and published applications for patents" after "Patents" in section 11 of this title, was executed by making the insertion in this section to reflect the probable intent of Congress and the renumbering of section 11 as this section by Pub. L. 106-113, §1000(a)(9) [title IV, §4717(1)]. See note above and Effective Date of 1999 Amendment notes below.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §4508], Nov. 29, 1999, 113 Stat. 1536, 1501A-566, provided that: "Sections 4502 through 4507 [amending sections 10 to 12, 102, 119, 120, 122, 135, 154, 181, 252, 284, and 374 of this title and enacting provisions set out as notes under sections 41 and 122 of this title], and the amendments made by such sections, shall take effect on the date that is 1 year after the date of the enactment of this Act [Nov. 29, 1999] and shall apply to all applications filed under section 111 of title 35, United States Code, on or after that date, and all applications complying with section 371 of title 35, United States Code, that resulted from international applications filed on or after that date. The amendments made by sections 4504 and 4505 [amending sections 102 and 154 of this title] shall apply to any such application voluntarily published by the applicant under procedures established under this subtitle [see section § 1000(a)(9) [title IV, §4501] of Pub. L. 106-113, set out as a Short Title of 1999 Amendment note under section 1 of this title] that is pending on the date that is 1 year after the date of the enactment of this Act. The amendment made by section 4504 [amending section 154 of this title] shall also apply to international applications designating the United States that are filed on or after the date that is 1 year after the date of the enactment of this Act."

Amendment by section 1000(a)(9) [title IV, §§ 4717(1), 4732(a)(10)(A)] 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.

§11. Exchange of copies of patents and applications with foreign countries

The Director may exchange copies of specifications and drawings of United States patents and published applications for patents for those

of foreign countries. The Director shall not enter into an agreement to provide such copies of specifications and drawings of United States patents and applications to a foreign country, other than a NAFTA country or a WTO member country, without the express authorization of the Secretary of Commerce. For purposes of this section, the terms "NAFTA country" and "WTO member country" have the meanings given those terms in section 104(b).

(July 19, 1952, ch. 950, 66 Stat. 794, §12; renumbered §11 and amended Pub. L. 106-113, div. B, § 1000(a)(9) [title IV, §§ 4507(2), 4717(1), 4732(a)(10)(A), 4808], Nov. 29, 1999, 113 Stat. 1536, 1501A-565, 1501A-580, 1501A-582, 1501A-591.)

PRIOR PROVISIONS

A prior section 11 was renumbered section 10 of this title.

AMENDMENTS

1999 Pub. L. 106-113, §1000(a)(9) [title IV, §§ 4717(1), 4732(a)(10)(A)], renumbered section 12 of this title as this section and substituted "Director" for "Commissioner".

Pub. L. 106-113, §1000(a)(9) [title IV, § 4808], inserted at end "The Director shall not enter into an agreement to provide such copies of specifications and drawings of United States patents and applications to a foreign country, other than a NAFTA country or a WTO member country, without the express authorization of the Secretary of Commerce. For purposes of this section, the terms 'NAFTA country' and 'WTO member country' have the meanings given those terms in section 104(b).” Pub. L. 106-113, §1000(a)(9) [title IV, §4507(2)], which directed the amendment of section 12 of this title by inserting "and applications" after "patents" in section catchline and "and published applications for patents" after "patents" in text, was executed by making the insertions in this section to reflect the probable intent of Congress and the renumbering of section 12 as this section by Pub. L. 106-113, §1000(a)(9) [title IV, §4717(1)]. See note above and Effective Date of 1999 Amendment notes below.

EFFECTIVE DATE OF 1999 AMENDMENT Amendment by section 1000(a)(9) [title IV, § 4507(2)] of Pub. L. 106-113 effective on date that is 1 year after Nov. 29, 1999, and applicable to all applications filed under section 111 of this title on or after that date, and all applications complying with section 371 of this title that resulted from international applications filed on or after that date, see section 1000(a)(9) [title IV, § 4508] of Pub. L. 106-113, set out as a note under section 10 of this title.

Amendment by section 1000(a)(9) [title IV. §§ 4717(1), 4732(a)(10)(A)] of 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.

§ 12. Copies of patents and applications for public libraries

The Director may supply copies of specifications and drawings of patents and published applications for patents in printed or electronic form to public libraries in the United States which shall maintain such copies for the use of the public, at the rate for each year's issue established for this purpose in section 41(d) of this title.

(July 19, 1952, ch. 950, 66 Stat. 794, §13; Pub. L. 97-247, § 15, Aug. 27, 1982, 96 Stat. 321; renumbered § 12 and amended Pub. L. 106-113, div. B,

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1999 Pub. L. 106-113, §1000(a)(9) [title IV, §§4717(1). 4732(a)(10)(A)], renumbered section 13 of this title as this section and substituted "Director" for "Commissioner".

Pub. L. 106-113, §1000(a)(9) [title IV, §4804(c)], substituted "copies of specifications and drawings of patents in printed or electronic form" for "printed copies of specifications and drawings of patents".

Pub. L. 106-113, §1000(a)(9) [title IV, § 4507(3)], which directed the amendment of section 13 of this title by inserting "and applications" after "patents" in section catchline and "and published applications for patents" after "patents" in text, was executed by making the insertions in this section to reflect the probable intent of Congress and the renumbering of section 13 as this section by Pub. L. 106-113, §1000(a)(9) [title IV, §4717(1)]. See note above and Effective Date of 1999 Amendment notes below.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by section 1000(a)(9) [title IV, § 4507(3)] of Pub. L. 106-113 effective on date that is 1 year after Nov. 29, 1999, and applicable to all applications filed under section 111 of this title on or after that date, and all applications complying with section 371 of this title that resulted from international applications filed on or after that date, see section 1000(a)(9) [title IV, § 4508] of Pub. L. 106-113, set out as a note under section 10 of this title.

Amendment by section 1000(a)(9) [title IV, §§4717(1), 4732(a)(10)(A)] of 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.

§ 13. Annual report to Congress

The Director shall report to the Congress, not later than 180 days after the end of each fiscal year, the moneys received and expended by the Office, the purposes for which the moneys were spent, the quality and quantity of the work of the Office, the nature of training provided to examiners, the evaluation of the Commissioner of Patents and the Commissioner of Trademarks by the Secretary of Commerce, the compensation of the Commissioners, and other information relating to the Office.

(July 19, 1952, ch. 950, 66 Stat. 794, §14; renumbered §13 and amended Pub. L. 106-113, div. B, § 1000(a)(9) [title IV, §§ 4717(1), 4718], Nov. 29, 1999, 113 Stat. 1536, 1501A-580, 1501A-581.)

PRIOR PROVISIONS

A prior section 13 was renumbered section 12 of this title.

AMENDMENTS

1999-Pub. L. 106-113 renumbered section 14 of this title as this section and amended section catchline and text generally. Prior to amendment, text read as follows: "The Commissioner shall report to Congress annually the moneys received and expended, statistics concerning the work of the Office, and other information relating to the Office as may be useful to the Congress or the public."

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.

[§ 14. Renumbered § 13]

CHAPTER 2-PROCEEDINGS IN THE PATENT AND TRADEMARK OFFICE

§ 21. Filing date and day for taking action

(a) The Director may by rule prescribe that any paper or fee required to be filed in the Patent and Trademark Office will be considered filed in the Office on the date on which it was deposited with the United States Postal Service or would have been deposited with the United States Postal Service but for postal service interruptions or emergencies designated by the Director.

[See main edition for text of (b)]

(As amended Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582.)

AMENDMENTS

1999 Subsec. (a). Pub. L. 106-113 substituted "Director" for "Commissioner" in two places.

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.

§ 22. Printing of papers filed

The Director may require papers filed in the Patent and Trademark Office to be printed, typewritten, or on an electronic medium.

(As amended Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §§ 4732(a)(10)(A), 4804(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582, 1501A-589.)

AMENDMENTS

1999- Pub. L. 106-113, §1000(a)(9) [title IV, § 4804(a)], substituted "printed, typewritten, or on an electronic medium" for "printed or typewritten".

Pub. L. 106-113, §1000(a)(9) [title IV, § 4732(a)(10)(A)], substituted "Director" for "Commissioner".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by section 1000(a)(9) [title IV, § 4732(a)(10)(A)] of 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.

§ 23. Testimony in Patent and Trademark Office

cases

The Director may establish rules for taking affidavits and depositions required in cases in the Patent and Trademark Office. Any officer authorized by law to take depositions to be used in the courts of the United States, or of the State where he resides, may take such affidavits and depositions.

(As amended Pub. L. 106-113, div. B, §1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582.)

AMENDMENTS

1999- Pub. L. 106-113 substituted "Director" for "Commissioner".

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.

$25. Declaration in lieu of oath

(a) The Director may by rule prescribe that any document to be filed in the Patent and Trademark Office and which is required by any law, rule, or other regulation to be under oath may be subscribed to by a written declaration in such form as the Director may prescribe, such declaration to be in lieu of the oath otherwise required.

[See main edition for text of (b)]

(As amended Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582.)

AMENDMENTS

1999 Subsec. (a). Pub. L. 106-113 substituted "Director" for "Commissioner" in two places.

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.

$26. Effect of defective execution

Any document to be filed in the Patent and Trademark Office and which is required by any law, rule, or other regulation to be executed in a specified manner may be provisionally accepted by the Director despite a defective execution, provided a properly executed document is submitted within such time as may be prescribed. (As amended Pub. L. 106–113, div. B, §1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582.)

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1999-Pub. L. 106-113, div. B, §1000(a)(9) [title IV, § 4715(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-580, struck out item 31 "Regulations for agents and attorneys". [$31. Repealed. Pub. L. 106-113, div. B, § 1000(a) (9) [title IV, §4715(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-580]

Section, acts July 19, 1952, ch. 950, 66 Stat. 795; Pub. L. 93-596, §1, Jan. 2, 1975, 88 Stat. 1949, authorized the Commissioner to prescribe regulations for agents and attorneys.

EFFECTIVE DATE OF REPEAL

Repeal effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106-113, set out

as an Effective Date of 1999 Amendment note under section 1 of this title.

§32. Suspension or exclusion from practice

The Director may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before the Patent and Trademark Office, any person, agent, or attorney shown to be incompetent or disreputable, or guilty of gross misconduct, or who does not comply with the regulations established under section_2(b)(2)(D) of this title, or who shall, by word, circular, letter, or advertising, with intent to defraud in any manner, deceive, mislead, or threaten any applicant or prospective applicant, or other person having immediate or prospective business before the Office. The reasons for any such suspension or exclusion shall be duly recorded. The Director shall have the discretion to designate any attorney who is an officer or employee of the United States Patent and Trademark Office to conduct the hearing required by this section. The United States District Court for the District of Columbia, under such conditions and upon such proceedings as it by its rules determines, may review the action of the Director upon the petition of the person so refused recognition or so suspended or excluded.

(As amended Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §§ 4715(c), 4719, 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-580 to 1501A-582.)

1999-Pub.

AMENDMENTS

L. 106-113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], substituted "Director" for "Commissioner" in first and last sentences.

Pub. L. 106-113, §1000(a)(9) [title IV, §4719], inserted before last sentence "The Director shall have the discretion to designate any attorney who is an officer or employee of the United States Patent and Trademark Office to conduct the hearing required by this section." Pub. L. 106-113, §1000(a)(9) [title IV, §4715(c)], substituted "2(b)(2)(D)” for "31".

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.

CHAPTER 4-PATENT FEES; FUNDING; SEARCH SYSTEMS

$41. Patent fees; patent and trademark search systems

(a) The Director shall charge the following fees:

(1)(A) On filing each application for an original patent, except in design or plant cases, $690.

(B) In addition, on filing or on presentation at any other time, $78 for each claim in independent form which is in excess of 3, $18 for each claim (whether independent or dependent) which is in excess of 20, and $260 for each application containing a multiple dependent claim.

(C) On filing each provisional application for an original patent, $150.

(2) For issuing each original or reissue patent, except in design or plant cases, $1,210.

(3) In design and plant cases(A) on filing each design application, $310; (B) on filing each plant application, $480; (C) on issuing each design patent, $430; and (D) on issuing each plant patent, $580. (4)(A) On filing each application for the reissue of a patent, $690.

(B) In addition, on filing or on presentation at any other time, $78 for each claim in independent form which is in excess of the number of independent claims of the original patent, and $18 for each claim (whether independent or dependent) which is in excess of 20 and also in excess of the number of claims of the original patent.

(5) On filing each disclaimer, $110.

(6)(A) On filing an appeal from the examiner to the Board of Patent Appeals and Interferences, $300.

(B) In addition, on filing a brief in support of the appeal, $300, and on requesting an oral hearing in the appeal before the Board of Patent Appeals and Interferences, $260.

(7) On filing each petition for the revival of an unintentionally abandoned application for a patent, for the unintentionally delayed payment of the fee for issuing each patent, or for an unintentionally delayed response by the patent owner in any reexamination proceeding, $1,210, unless the petition is filed under section 133 or 151 of this title, in which case the fee shall be $110.

(8) For petitions for 1-month extensions of time to take actions required by the Director in an application

(A) on filing a first petition, $110;

(B) on filing a second petition, $270; and (C) on filing a third petition or subsequent petition, $490.

(9) Basic national fee for an international application where the Patent and Trademark Office was the International Preliminary Examining Authority and the International Searching Authority, $670.

(10) Basic national fee for an international application where the Patent and Trademark Office was the International Searching Authority but not the International Preliminary Examining Authority, $690.

(11) Basic national fee for an international application where the Patent and Trademark Office was neither the International Searching Authority nor the International Preliminary Examining Authority, $970.

(12) Basic national fee for an international application where the international preliminary examination fee has been paid to the Patent and Trademark Office, and the international preliminary examination report states that the provisions of Article 33(2), (3), and (4) of the Patent Cooperation Treaty have been satisfied for all claims in the application entering the national stage, $96.

(13) For filing or later presentation of each independent claim in the national stage of an international application in excess of 3, $78.

(14) For filing or later presentation of each claim (whether independent or dependent) in a national stage of an international application in excess of 20, $18.

(15) For each national stage of an international application containing a multiple dependent claim, $260.

For the purpose of computing fees, a multiple dependent claim referred to in section 112 of this title or any claim depending therefrom shall be considered as separate dependent claims in accordance with the number of claims to which reference is made. Errors in payment of the additional fees may be rectified in accordance with regulations of the Director.

(b) The Director shall charge the following 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, $830. (2) 7 years and 6 months after grant, $1,900. (3) 11 years and 6 months after grant, $2,910. Unless payment of the applicable maintenance fee is received in the 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 6month grace period the payment of an applicable maintenance fee. No fee may be established for maintaining a design or plant patent in force.

(c)(1) The Director may accept the payment of any maintenance fee required by subsection (b) of this section which is made within twenty-four months after the six-month grace period if the delay is shown to the satisfaction of the Director to have been unintentional, or at any time after the six-month grace period if the delay is shown to the satisfaction of the Director to have been unavoidable. The Director may require the payment of a surcharge as a condition of accepting payment of any maintenance fee after the six-month grace period. If the Director accepts payment of a maintenance fee after the sixmonth grace period, the patent shall be considered as not having expired at the end of the grace period.

(2) A patent, the term of which has been maintained as a result of the acceptance of a payment of a maintenance fee under this subsection, shall not abridge or affect the right of any person or that person's successors in business who made, purchased, offered to sell, or used anything protected by the patent within the United States, or imported anything protected by the patent into the United States after the 6-month grace period but prior to the acceptance of a maintenance fee under this subsection, to continue the use of, to offer for sale, or to sell to others to be used, offered for sale, or sold, the specific thing so made, purchased, offered for sale, used, or imported. The court before which such matter is in question may provide for the continued manufacture, use, offer for sale, or sale of the thing made, purchased, offered for sale, or used within the United States, or imported into the United States, as specified, or for the manufacture, use, offer for sale, or sale in the United States of which substantial preparation was made after the 6-month grace period but before the acceptance of a maintenance fee under this subsection, and the court

may also provide for the continued practice of any process that is practiced, or for the practice of which substantial preparation was made, after the 6-month grace period but before the acceptance of a maintenance fee under this subsection, to the extent and under such terms as the court deems equitable for the protection of investments made or business commenced after the 6-month grace period but before the acceptance of a maintenance fee under this subsection. (d) 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:

[See main edition for text of (1) to (3)]

The yearly fee for providing a library specified in section 131 of this title with uncertified printed copies of the specifications and drawings for all patents in that year shall be $50.

(e) The Director may waive the payment of any fee for any service or material related to patents in connection with an occasional or incidental request made by a department or agency of the Government, or any officer thereof. The Director may provide any applicant issued a notice under section 132 of this title with a copy of the specifications and drawings for all patents referred to in that notice without charge.

(f) The fees established in subsections (a) and (b) of this section may be adjusted by the Director on October 1, 1992, and every year thereafter, to reflect any fluctuations occurring during the previous 12 months in the Consumer Price Index, determined by the Secretary of Labor. Changes of less than 1 per centum may be ignored.

as

(g) No fee established by the Director under this section shall take effect until at least 30 days after notice of the fee has been published in the Federal Register and in the Official Gazette of the Patent and Trademark Office.

(h)(1) Fees charged under subsection (a) or (b) shall be reduced by 50 percent with respect to their application to any small business concern as defined under section 3 of the Small Business Act, and to any independent inventor or nonprofit organization as defined in regulations issued by the Director.

[See main edition for text of (2)]

(i)(1) The Director shall maintain, for use by the public, paper, microform, or electronic collections of United States patents, foreign patent documents, and United States trademark registrations arranged to permit search for and retrieval of information. The Director may not impose fees directly for the use of such collections, or for the use of the public patent or trademark search rooms or libraries.

(2) The Director shall provide for the full deployment of the automated search systems of the Patent and Trademark Office so that such systems are available for use by the public, and shall assure full access by the public to, and dis

1 See References in Text note below.

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