Copies of Form CD-244 are available in the Central Reference and Records Inspection Facility, Room 2122, Department of Commerce Building, Washington, D.C. 20230, the search room of the Patent Reference Branch of the Patent and Trademark Office, the search room of the Trademark Examining Operation, and in many public information offices and field offices of the Department of Commerce. If the requested record is identifiable, the request will be reviewed by the appropriate official authorized to make an initial determination of the availability of the record. If it is determined that the material is not to be made available to the requesting person, said person shall be notified in writing of that fact and the reasons why the record will not be disclosed. If the record is to be made available, inspection will be permitted in the appropriate Patent and Trademark Office search room. Fees for copies of records and for searches and related services are payable in accordance with the schedule of fees and charges established in § 4.8 of Title 15, Code of Federal Regulations.

(b) Any person whose application to inspect a record has been refused may request a reconsideration of the initial denial by completing and submitting the appropriate section of the Form CD-244. The request for reconsideration should be made within 30 days of the date of the original denial. In submitting such request the party should include any written argument he desires to support his belief that the record requested should be made available. No personal appearance, oral argument, or hearing shall be permitted. The decision upon such request shall be made by the Commissioner of Patents and Trademarks and shall be based upon the original request, the denial, and any written argument submitted by the person seeking access to the record. The decision upon review shall be promptly made in writing and communicated to the person seeking access. If the decision is wholly or partly in favor of availability, the requested record to such extent shall be made available for inspection as described in paragraph (a) of this section. To the extent that the decision is adverse to the request, the reasons for the denial shall be stated. A decision upon review completed as provided herein shall constitute the final decision and action of the Patent and Trademark Office as to the availability of a requested record, except as may be required by court proceedings initiated pursuant to 5 U.S.C. 552(a)(3). Reconsiderations resulting in in final decisions as prescribed herein shall be indexed and made available in the search room of the Patent Reference Branch.

(c) Procedures applicable in the event of a subpoena, order, or other compulsory process or demand of a court or other authority shall be those set forth in section 7 of Department Order 64 (32 FR 9734, July 4, 1967).

By a small entity (§ 1.9(f)) $ 50.00
By other than a small en-

tity ..
(If the additional fees
required by paragraphs
(b), (c) and (d) are not
paid on filing or on lat-
er presentation of the
claims for which the ad-
ditional fees are due,
they must be paid or
the claims cancelled by
amendment, prior to the
expiration of the time
period set for response
by the Office in any no-
tice of fee deficiency.)
(e) Surcharge for filing the
basic filing fee or oath
or declaration on a date
later than the filing date
of the application:

$ 100.00

By a small entity (§ 1.9(f)) $ 50.00 By other than a small en

tity

$ 100.00

application filed with a specification in a nonEnglish language 1.52(d)) .

(4) Copy of patent file wrapper and contents, each 100 pages or fraction thereof

Copy of Office records, except as pro

vided in paragraphs (a)

(1) through (4) of this

section, per page

(6) Microfiche copy of

$ 50.00

(1) For filing a petition (1) for the revival of an abandoned application under 35 U.S.Č. 133, or (2) for delayed payment of the issue fee under 35 U.S.C. 151:

By a small entity (§ 1.9(f)) $ 25.00 By other than a small entity. (m) For filing a petition (1) for revival of an unintentionally abandoned application or (2) for the unintentionally delayed payment of the fee for issuing a patent:

By a small entity (§ 1.9(f)) $ 250.00
By other than a small en-

tity..

$ 500.00

(1) For certifying Office records, per certificate (2) For a search of assignment records, abstract of title and certification, per patent . . . . (3) For comparing copies not prepared by the Office with the original, prior to certification of the copies, per page .. (c) Subscription services: (1) Subscription orders for printed copies of patents as issued, annual service charge for entry of order and one subclass (2) For annual subscription to each additional subclass in addition to the one covered by the fee under paragraph (c) (1) of this section, per subclass ...

(d) Library service (35 U.S.C. 13):

For providing to libraries copies of all patents issued annually, per

annum

(e) Lists of patents in sub

class:

(1) For list of all United States patents in a subclass, per 100 patent numbers or fraction

thereof...

(2) For list of United States patents in a subclass limited by date or patent number, per 50 patent numbers or fraction thereof. . .

[47 FR 33086, July 30, 1982, effective Oct. 1, 1982]

reexamination

(§ 1.510(a))

(d) For filing each statutory disclaimer (§ 1.321):

By a small entity (§ 1.9(f)) By other than a small entity ..

(e) For maintaining an original or reissue patent, except a design patent, based on an application filed on or after December 12, 1980 and before August 27, 27, 1982, in force beyond 4 years; the fee is due by three years and six months after the original grant (f) For maintaining an original or reissue patent, except a design patent, based on an application filed on or after December 12, 1980 and before August 27, 1982, in force beyond 8 years; the fee is due by seven years and six months after the original grant. (g) For maintaining an original or reissue patent, except a design patent, based on an application filed on or after December 12, 1980 and before August 27, 1982, in force beyond 12 years; the fee is due by eleven years and six months after the original grant (h) For maintaining an original or reissue patent, except a design or plant patent, based on an application filed on or after August 27, 1982, in force beyond 4 years; the fee is due by three years and six months after the original grant: By a small entity (§ 1.9(f)) By other than a small entity

(i) For maintaining an original or reissue patent, except a design or plant patent, based on an application filed on or after August 27, 1982, in force beyond 8 years; the fee is due by seven years and six months af

(j) For a duplicate or replacement of a permanent Office user pass (There is no charge for the first permanent user pass). ...

(k) For items and services, that the Commissioner finds may be supplied, for which fees are not specified by statute or by this section, such charges as may be determined by the Commissioner with respect to each such item or service ...

$

$

5.00

6.00

actual cost [47 FR 33086, July 30, 1982; effective Oct. 1, 1982]

§ 1.22 Fees payable in advance.

(a) Patent and trademark fees and charges payable to the Patent and Trademark Office are required to be paid in advance, that is, at the time of requesting any action by the Office for which a fee or charge is payable with the exception that under § 1.53 applications for patent may be assigned a filing date without payment of the basic filing fee.

(b) All patent and trademark fees paid to the Patent and Trademark Office should be itemized in each individual application, patent or other proceeding in such a manner that it is clear for which purpose the fees are paid.

(Pub. L. 94-131, 89 Stat. 685) [43 FR 20462, May 11, 1978]; 48 FR 2696, Jan. 20, 1983; effective Feb. 27, 1983]

§ 1.23 Method of payment.

All payments of money required for Patent and Trademark Office fees, including fees for the processing of international applications (§ 1.445), should be made in

U.S. specie, Treasury notes, national bank notes, post office money orders, or by certified check. If sent in any other form, the Office may delay or cancel the credit until collection is made. Money orders and checks must be made payable to the Commissioner of Patents and Trademarks. Remittances from foreign countries must be payable and immediately negotiable in the United States for the full amount of the fee required. Money sent by mail to the Patent and Trademark Office will be at the risk of the sender; letters containing money should be registered.

(Pub. L. 94-131, 89 Stat. 685) [43 FR 20462, May 11, 1978]

§ 1.24 Coupons.

Coupons in denominations of one dollar are sold by the Patent and Trademark Office for the convenience of regular purchasers of U.S. patents and trademark registrations; these coupons may not be used for any other purpose. The one dollar coupons are sold individually and in books of 50 with stubs for record for $50. These coupons are good until used; they may be transferred but cannot be redeemed.

[30 FR 12844, Oct. 8, 1965, as amended at 34 FR 18857, Nov. 26, 1969, 47 FR 33086, July 30, 1982, effective Oct. 1, 1982; 48 FR 2696, Jan. 20, 1983, effective Feb. 27, 1983]

§ 1.25 Deposit accounts.

(a) For the convenience of attorneys, agents, and the general public in paying any fees due, in ordering services offered by the Office, copies of records, etc., deposit accounts may be established in the Patent and Trademark Office upon payment of the fee for establishing a deposit account (§ 1.21(b)(1)). A minimum deposit of $50 or more, depending on the activity of the individual account, is required. At the close of each month's business, a statement will be rendered. A remittance must be made promptly upon receipt of the statement to cover the value of items or services charged to the account and thus restore the account to its established normal deposit value. An amount sufficient to cover all services, copies, etc., requested must always be on deposit. A service charge (§ 1.21(b)(2)) will be assessed for each month that the balance at the end of the month is below $40.

(b) Filing, issue, appeal, internationaltype search report, international application processing, petition, and post-issuance fees may be charged against these accounts. A general authorization to charge all fees, or only certain fees, set forth in §§ 1.16 to 1.18 to a deposit account may be filed in an individual application, either for the entire pendency of the application or with respect to a particular paper filed. An authorization to charge to a deposit account the fee for a request for reexamination pursuant to § 1.510 and any other

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