35 U.S.C. 41 Patent fees; patent and trademark search systems.
*Editor’s Note: During fiscal years 2005 and 2006, subsections (a) and (b) of section 41 of title 35, United States Code, shall be administered as though subsections (a) and (b) read as follows:
(b)MAINTENANCE FEES. — 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, $900.
(2)7 years and 6 months after grant, $2,300.
(3)11 years and 6 months after grant, $3,800.
Unless payment of the applicable maintenance fee is received in the United States 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 6-month grace period the payment of an applicable maintenance fee. No fee may be established for maintaining a design or plant patent in force.
(Dec. 8, 2004, Public Law 108-447, sec. 801, 118 Stat. 2809.)
The bracketed text below is the unamended text of 35 U.S.C. 41(a) and (b), which may continue to have effect following fiscal year 2006:
[(b)The Director shall charge the following fees for maintaining in force all patents based on applica¬tions 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 mainte¬nance fee is received in the Patent and Trademark Office on or before the date the fee is due or within a grace period of six 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 6-month grace period the payment of an applicable maintenance fee. No fee may be established for maintaining a design or plant patent in force.]
请参见35 U.S.C.41 |
