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Sec. 1.14 Patent applications preserved in secrecy. (Section 1.14 pertains to patent files only.)

Sec. 1.15 Requests for identifiable records.

(a) Requests for records, not disclosed to the public as part of the regular informational activity of the Patent and Trademark Office and which are not otherwise dealt with in the rules in this part, shall be made in writing, with the envelope and the letter clearly marked "Freedom of Information Request." Each such request, so marked, should be submitted by mail addressed to the "Patent and Trademark Office, Freedom of Information Request Control Desk, Box 8, Washington, DC 20231," or hand delivered to the Office of the Solicitor, Patent and Trademark Office, Arlington, Virginia. The request will be processed in accordance with the procedures set forth in part 4 of title 15, Code of Federal Regulations.

(b) Any person whose request for records has been initially denied in whole or in part, or has not been timely determined, may submit a written appeal as provided in §4.8 of title 15, Code of Federal Regulations.

(c) Procedures applicable in the event of service of process or in connection with testimony of employees on official matters and production of official documents of the Patent and Trademark Office in civil legal

proceedings not involving the United States shall be those established in parts 15 and 15a of title 15, Code of Federal Regulations.

[53 FR 47686, Nov. 25, 1988]

FEES AND PAYMENT OF MONEY

Sec. 1.16 National application filing fees.

Sec. 1.17 Patent application processing fees.

Sec. 1.18 Patent issue fees.

Sec. 1.19 Document supply fees.

Sec. 1.20 Post issuance fees.

Sec. 1.21 Miscellaneous fees and charges. (See Sec. 2.6 regarding trademark-related fees.)

The Patent and Trademark Office has established the following fees for the services indicated:

Registration of attorneys and agents:

For admission to examination for registration
to practice:

(a)

(1)

130.00

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(6)

For requesting regrading of an examination

Enrollment and Discipline under §10.2(c)........... 130.00

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(3)

Service charge for each month when the
balance at the end of the month is below $300

(c)

(d)

(e)

(f)

(g)

(h)

(i)

for restricted subscription deposit accounts
used exclusively for subscription order of
patent copies as issued............

Disclosure document: For filing a disclosure
document.......

25.00

10.00

Delivery box: Local delivery box rental, per

.50.00

annum

International-type search reports:: For
preparing an international-type search report
of an international type search made at the
time of the first action on the merits in a
national patent application.....

[Reserved]

Self-service copy charge, per page.

40.00

...... 0.25

For recording each assignment, agreement, or
other paper relating to the property in a patent
or application, per property....

.........

Publication in Official Gazette: For publication
in the Official Gazette of a notice of the

availability of an application or a patent for

40.00

licensing or sale, each application or patent ......... 25.00

(j)

Labor charges for services, per hour or

fraction thereof.............

.... 40.00

(k)

For items and services, that the Commissioner
finds may be supplied, for which fees are not

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1.53(d)(1) unless the required basic filing

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application under §§ 1.53(c), 1.60, or 1.62 ......
Marginal cost, paid in advance, for each hour

of terminal session time, including print time,
using Automated Patent System full-text

search capabilities, prorated for the actual time
used. The Commissioner may waive the
payment by an individual for access to the
Automated Patent System full-text search
capability (APS-Text) upon a showing of need
or hardship and if such waiver is in the public
interest

.40.00

[Added 47 FR 41274, Sept. 17, 1982, effective date Oct. 1, 1982; paras. (b) and (1), 49 FR 553, Jan. 4, 1984, effective date Apr. 1, 1984; paras. (a)(5) and (6) added, 50 FR 5171, Feb. 6, 1985, effective date Apr. 8, 1985; 50 FR 31825, Aug. 6, 1985, effective date Oct. 5, 1985; paras. (a), (b)(1), (d)-(j), (1)-(m),54 FR 6893, Feb. 15, 1989, 54 FR 8053, Feb. 24, 1989, 54 FR 9432, March 7, 1989, effective Apr. 17, 1989; para. (n) added 54 FR 47518, Nov. 15, 1989, effective Jan. 16, 1990; paras. (o)-(q) added 54 FR 50942, Dec. 11, 1989, effective Feb. 12, 1990; paras. (a)-(c), (e)(h), (j)-(1) & (n) amended, 56 FR 65142, Dec. 13, 1991, effective Dec. 16, 1991; paras. (p) and (q) deleted, 56 FR 65142, Dec. 13, 1991, effective Dec. 16, 1991; paras. (a)(1), (a)(5), (a)(6), (b)(2), (b)(3), (e) and (i), 57 FR 38190, Aug. 21, 1992, effective Oct. 1, 1992; para. (p) added, 57 FR 38190, Aug. 21, 1992, effective Oct. 1, 1992; para. (p) deleted, 59 FR 43736, Aug. 25, 1994, effective Oct. 1, 1994; para. (1) amended, 60 FR 20195, Apr. 25, 1995, effective June 8, 1995; para. (a)(1) amended, 60 FR 41018, Aug. 11, 1995, effective Oct. 1, 1995; paras. (a)(1), (a)(3), and (a)(6) revised, 61 FR 39585, July 30, 1996, effective Oct. 1, 1996; 62 FR 40450, July 29, 1997, effective Oct. 1, 1997]

Sec. 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.

(35 U.S.C. 6, Pub. L. 97-247)

[48 FR 2708 Jan. 20, 1983]

Sec. 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]

Sec. 1.24 Coupons.

Coupons in denominations of three dollars, for the purchase of patents, designs, defensive publications, statutory invention registrations, and trademark

registrations are sold by the Patent and Trademark Office for the convenience of the general public; these coupons

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