Revision of Patent Fees for Fiscal Year 1999

The Patent and Trademark Office (PTO) is amending the rules of practice in patent cases, Part 1 of title 37, Code of Federal Regulations, to adjust patent statutory fee amounts to reflect the expiration of the surcharge established by the Omnibus Budget Reconciliation Act of 1990, as amended, and fluctuations in the Consumer Price Index (CPI). Also, a few fees that track statutory fees are being correspondingly adjusted, and a non-statutory fee is being reduced to recover cost. Patent statutory fees consist of a fee amount pursuant to title 35, United States Code; annual adjustments to reflect fluctuations in the CPI; and a surcharge, established by the Omnibus Budget Reconciliation Act of 1990, as amended. The intent of the surcharge was to finance the cost of operating the PTO from user fees, rather than from taxes paid to the general fund of the United States Treasury. In fiscal year 1998, the surcharge will raise $119,000,000. The surcharge will expire at the end of fiscal year 1998. To replace the surcharge and to ensure continued user-fee funding of PTO's operations, legislation has been introduced in the Congress, namely, H.R. 3989 and H.R. 3723. Should either legislation or an alternative be enacted, the PTO will publish a document in the Federal Register to ensure that this final rule and the fees established herein will not take effect. This final rule assumes that no legislative change to patent fees will take place before October 1, 1998. This final rule adjusts patent fees to reflect the expiration of the surcharge established by the Omnibus Budget Reconciliation Act of 1990, as amended, and to reflect fluctuations in the CPI over the previous twelve months.