像WiFi一般的無線充電技術

人：吳哲民

事：像WiFi一般的無線充電技術獨步全球

時：2015/12

地：南加州大學（USC）

物：電源也能以無線接收數據訊號的方式進入硬體設備。日後不論車用空間或住家環境，只要操作APP與硬體搭配，充電就如「一家烤肉萬家香」的便利，向插頭插座說再見。

摘要：

於2014年1月，吳哲民與兩位夥伴合組團隊研發的隨身無線充電器Prelude。

隨後母校USC也發現吳哲民的潛力，把他納入Viterbi Startup Garage Program，免費提供1年的辦公室與設備。其中，吳哲民的最新產品latitude，跨越了無線充電規格不能相容的障礙。Latitude可透過Qi或PMA無線充電設備充電。而Qi與PMA是當前無線充電的主流標準。

Note:

We don't find the Wu's patent(Wu Zhe Ming, or Wu hereinafter). However, we search a patent of CN 203942520, not Wu's patent. The patent of CN 203942520 is funny with wifi box regarded as wireless charger. We also search a document with "Dell's Latitufe Z and its wireless charging misses the green boat". 

The patent of CN 203942520 as follows:

A wireless charging WiFi box relates to the technical field of WiFi boxes used for constituting a wireless local area network, and solves technical defects that a conventional WiFi box is single in function, and electricity is wasted and hidden troubles exist as a wireless charger is in a standby state for a long time. The wireless charging WiFi box comprises a shell. The shell is internally provided with a master control module and a WiFi module, wherein the WiFi module is connected with the master module and used for constituting the wireless local area network. The wireless charging WiFi box is characterized in that the top surface of the shell is provided with a charging platform for placing a handset; the shell is internally provided with a wireless charging sending unit and an NFC module at a position corresponding to the charging platform; the wireless charging sending unit is used for wireless charging the handset placed on the charging platform; the NFC module is used for reading NFC identifier information of the handset on the charging platform or NFC identifier information on a charging rear cover of the handset, and for inputting read NFC identifier information to the master control module; and the master control module controls the starting of the wireless charging sending unit according to the NFC identifier information. According to the wireless charging WiFi box, desktop space occupied by the wireless charging WiFi box is reduced; the desktop environment is beautified; after the NFC module carries out identity authentication of a to-be-charged product, the wireless charging sending unit is started, so that electric energy is saved, and the wireless charging sending unit is prevented from being activated by a non-charged product or is prevented from charging an unmatched product, thereby preventing potential safety hazards.

Original Data:

http://udn.com/news/story/3/1376321-無線充電像WiFi--嘉義囝仔發明的

http://www.treehugger.com/clean-technology/dells-latitude-z-and-its-wireless-charging-misses-the-green-boat.html

ADVISORY ACTIONS

706.07(F)   TIME FOR REPLY TO FINAL REJECTION

The time for reply to a final rejection is as follows:

• (A) All final rejections setting a 3-month shortened statutory period (SSP) for reply should contain one of form paragraphs 7.39, 7.40, 7.40.01, 7.40.02.fti, 7.40.02.aia, 7.41, 7.41.03, 7.42.03.fti, 7.42.031.fti, or 7.42.09 advising applicant that if the first reply is filed within 2 months of the date of the final Office action, the shortened statutory period will expire at 3 months from the date of the final rejection or on the date the advisory action is mailed, whichever is later. Thus, a variable reply period will be established. If the last day of “2 months of the date of the final Office action” falls on Saturday, Sunday, or a Federal holiday within the District of Columbia, and a reply is filed on the next succeeding day which is not a Saturday, Sunday, or a Federal holiday, pursuant to 37 CFR 1.7(a), the reply is deemed to have been filed within the 2 months period and the shortened statutory period will expire at 3 months from the date of the final rejection or on the mailing date of the advisory action, whichever is later (see MPEP § 710.05). In no event can the statutory period for reply expire later than 6 months from the mailing date of the final rejection.
• (B) This procedure of setting a variable reply period in the final rejection dependent on when applicant files a first reply to a final Office action does not apply to situations where a SSP less than 3 months is set, e.g., reissue litigation applications (1-month SSP) or any reexamination proceeding.

I.   ADVISORY ACTIONS

• (C) Where the final Office action sets a variable reply period as set forth in paragraph (A) above AND applicant files a complete first reply to the final Office action within 2 months of the date of the final Office action, the examiner must determine if the reply:
  • (1) places the application in condition for allowance — then the application should be processed as an allowance and no extension fees are due;
  • (2) places the application in condition for allowance except for matters of form which the examiner can change without authorization from applicant, MPEP § 1302.04 — then the application should be amended as required and processed as an allowance and no extension fees are due; or
  • (3) does not place the application in condition for allowance — then the advisory action should inform applicant that the SSP for reply expires 3 months from the date of the final rejection or as of the mailing date of the advisory action, whichever is later, by checking box 1.b) at the top portion of the Advisory Action form, PTOL-303.

• (D) Where the final Office action sets a variable reply period as set forth in paragraph (A) above, and applicant does NOT file a complete first reply to the final Office action within 2 months, examiners should check box 1.a) at the top portion of the Advisory Action form, PTOL-303.

• (E) When box 1.b) at the top portion of the Advisory Action form, PTOL-303 is checked, the time for applicant to take further action (including the calculation of extension fees under 37 CFR 1.136(a)) begins to run 3 months from the date of the final rejection, or from the date of the advisory action, whichever is later. Extension fees cannot be prorated for portions of a month. In no event can the statutory period for reply expire later than 6 months from the date of the final rejection. For example, if applicant initially replies within 2 months from the date of mailing of a final rejection and the examiner mails an advisory action before the end of 3 months from the date of mailing of the final rejection, the shortened statutory period will expire at the end of 3 months from the date of mailing of the final rejection. In such case, if a petition for extension of time is granted, the due date for a reply is computed from the date stamped or printed on the Office action with the final rejection. See MPEP § 710.01(a). If the examiner, however, does not mail an advisory action until after the end of the 3-month period, the shortened statutory period will expire on the date the examiner mails the advisory action and any extension of time fee would be calculated from the mailing date of the advisory action.

BlueSpike指控小米智慧型手機侵權

人：NPE(非執業實體)BlueSpike V.S. 小米

事：BlueSpike指控小米設計或販賣的智慧型手機侵害美國專利8930719

時：2015/12

地：在美國東德州聯邦地區法院馬歇爾分院

物：包括小米的手機品Mi4、Mi5、Mi5Plus以及紅米系列品被起訴。

摘要：

BlueSpike是業內知名的“專利流氓”。BlueSpike以同一個專利起訴了華為、Google、Yahoo、Facebook等巨頭。NPE是指那些本身不製造專利品或者提供專利服務，而是從其他公司、研究機構或個人發明者手上購買專利的所有權或使用權，然后專門通過發動專利訴訟賺取巨額利潤的公司或團體。

Note:

Data protection method and device
US 8930719 B2

ABSTRACT

An apparatus and method for encoding and decoding additional information into a digital information in an integral manner. More particularly, the invention relates to a method and device for data protection.

COUNT 1: INFRINGEMENT OF U.S. PATENT NO. 8,930,719

Blue Without a license or permission from Blue Spike, Defendant has infringed and continues to infringe on one or more claims of the ’719 Patent—directly, contributorily, or by inducement—by importing, making, using, offering for sale, or selling products and devices that embody the patented invention, including, without limitation, one or more of the Accused Products, in violation of 35 U.S.C. §271.

Defendant has been and now is indirectly infringing by way of inducing infringement by others and/or contributing to the infringement by others of the ’719 Patent in the State of Texas, in this judicial district, and elsewhere in the United States, by, among other things, making, using, importing, offering for sale, and/or selling, without license or authority, products for use in systems that fall within the scope of one or more claims of the ’719 Patent. Such products include, without limitation, one or more of the Accused Products. Such products have no substantial non-infringing uses and are for use in systems that infringe the ’719 Patent. By making, using, importing offering for sale, and/or selling such products, Defendant injured Blue Spike and is thus liable to Blue Spike for infringement of the ’719 Patent under 35 U.S.C. § 271.

On information and belief, the infringement of the Patent-in-Suit by Defendant has been willful and continues to be willful. Defendant had knowledge of the Patent-inSuit, including but not limited to at least one or more of the following:

a. Through concurrent litigation with Blue Spike. The parties are actively litigating Huawei’s infringement of Blue Spike’s U.S. Patent No. 5,745,569 (the ’569 Patent), Case No. 6:13-cv-774. The ’719 Patent incorporates by reference the ’569 Patent.

b. Defendant has been on notice of the infringing ASLR component of its personalized Android operating system at least as early as the filing of the ’569 complaint. Even so, Defendant continues to provide access to its personalized Android operating system via the website http://en.miui.com. c. Through the filing and service of this Complaint.

On information and belief, Defendant has at least had constructive notice of the ’719 Patent by operation of law

Original Data:

http://news.cnyes.com/20151205/20151205103105176495010.shtml

嬰語翻譯機

人：雲林科技大學資訊工程系特聘教授張傳育 & 學生李佳菁、蕭裕棋共同研發

事：翻譯嬰兒哭聲的「嬰語翻譯機」App

時：2015/12

地：二○一五香港創新科技國際發明展

物：「嬰語翻譯機」App可辨識嬰兒哭聲

摘要：

利用嬰兒哭聲聲學特徵，結合巨量資料分析，並與台大醫院雲林分院小兒科醫師合作，收集超過十萬筆資料，成功分析出肚子餓、想睡覺、疼痛、尿布濕等不同哭聲模型，對出生兩週內的新生兒哭聲辨識率準確度高達九十二％。

Note:

It’s good idea filed patent in 2013. But it’s pity that the patent is not filed in SIPO, JPO, USPTO or EPO. It is necessary to cost much money to build in patent family. The data base with source code of infant-language translation machine has copyright. The source code is core of copyright.

201442019 

嬰兒哭鬧含意判讀模型的建立方法及使用方法

一種嬰兒哭鬧含意判讀模型的建立方法及使用方法,該建立方法係在嬰兒因一特定理由而哭鬧時進行,步驟包括擷取該嬰兒的複數音訊特徵及臉部影像的複數影像特徵,重複上述步驟,再使用一分類器將該些音訊特徵與該些影像特徵分別整合成一音訊模型與一影像模型,該音訊模型與該影像模型組成該判讀模型;該使用方法係在一嬰兒哭鬧時進行,步驟包括擷取該嬰兒的複數音訊特徵及臉部影像的複數影像特徵,再與該音訊模型及該影像模型比對,若相似度分別高於一第一閥値與一第二閥値,則判斷該嬰兒哭鬧的理由與該判讀模型建立時的該特定理由相同。

Another one is I501093 情緒模型之建立方法及以該情緒模型進行的情緒偵測方法

Original Data:

http://news.ltn.com.tw/news/life/paper/938154

平板電腦折疊後變為手機

人：三星

事：此設計將模糊手機與平板之間的區別，通過折疊螢幕可實現手機和平板產品的轉換。

時：2015/12

地：USPTO

物：此專利申請包含多項智慧手機新設計技術，其中包括折疊型和曲卷型設計。

摘要：

不管是折疊型設計還是曲卷型設計都是螢幕設計領域的重大創新。除此之外，此專利還包括智慧手機也許能像古代的畫卷一樣卷起、展開，靈活自如。

Note:

Method of displaying content and electronic device for processing the same
US 20140152553 A1

ABSTRACT

A method in an electronic device comprises when a display unit is deformed, determining a display area visible to a user, and displaying content on the confirmed display area. An apparatus for displaying content on an electronic device comprises a processing circuit configured to detect that a flexible display unit is bended, recognize at least a part of a user's body, determine which display area is visible to the user based on the user position; and move at least part of content on the visible display area.

US9122319B2

Flexible display apparatus and controlling method thereof

ABSTRACT

A flexible display apparatus is provided. The flexible display apparatus includes a display configured to display content on a screen, a sensor configured to detect bending of the display from a first form to a second form, and a controller configured to reconstruct the content based on the bending and to display the reconstructed content in a first screen generated in one region of the display when it is determined that the display is restored to the first form.

Original Data:
http://news.cnyes.com/20151202/20151202170059385191510.shtml

波士頓大學控告晶電侵權

人：波士頓大學控告磊晶廠晶電（2448）侵權

事：侵害波士頓大學專利，美陪審團初步裁定賠款930萬美元（約新台幣3億元），未來仍可上訴。

時：2015/11

地：U.S.A

物：波士頓大學以US 5,686,738「高絕緣單晶氮化鎵薄膜」專利（藍光LED磊晶製程，終端產品涵蓋背光、照明等）控告晶電侵權。

摘要：

晶電被認為「蓄意侵權（willful infringement，即在知悉波士頓大學專利下仍生產銷售）」及「誘導（億光及光寶）侵權（induced infringement）」，須加重賠償。另美國大廠科銳（Cree）控告宏齊（6168）、東貝（2499）以及封裝廠，科銳不少專利也是來自波士頓大學的授權。

Note:

Highly insulating monocrystalline gallium nitride thin films
US 5686738 A

ABSTRACT

This invention relates to a method of preparing highly insulating GaN single crystal films in a molecular beam epitaxial growth chamber. A single crystal substrate is provided with the appropriate lattice match for the desired crystal structure of GaN. A molecular beam source of Ga and source of activated atomic and ionic nitrogen are provided within the growth chamber. The desired film is deposited by exposing the substrate to Ga and nitrogen sources in a two step growth process using a low temperature nucleation step and a high temperature growth step. The low temperature process is carried out at 100-400° C. and the high temperature process is carried out at 600-900° C. The preferred source of activated nitrogen is an electron cyclotron resonance microwave plasma.

COUNT I: INFRINGEMENT OF U.S. PATENT NO. 5,686,738

The University is informed and believes, and thereon alleges, that Defendants’ product bearing product code(s) 53436, Par 30 10W Dimmable LED, Epistar 85-265VAC 80, 53436W Par 30 10W is a gallium nitride thin film semiconductor device claimed by the ’738 patent and thus infringes one or more claims of the ’738 patent. The University is informed and believes, and further alleges, that additional products of Defendants also constitute and/or include the claimed gallium nitride thin film semiconductor device and also infringe one or more claims of the ’738 patent, including light emitting diodes (“LEDs”) and products bearing LEDs (collectively referred to as “Accused Products”).

The University is informed and believes, and thereon alleges, that the applicable requirements of 35 U.S.C. § 287 have been satisfied. 

The University is informed and believes, and thereon alleges, that Defendants, individually and collectively, have infringed, and continue to infringe, one or more claims of the ’738 patent, in violation of 35 U.S.C. § 271(a), by, among other things, making using, offering to sell, selling and/or importing in and/or into the United States, without authority or license from 4 15108744v.1 the University, the Accused Products falling within the scope of one or more claims of the ’738 patent.

Defendants’ acts of infringement have caused and will continue to cause substantial and irreparable damage to the University. 

As a result of the infringement of the ’738 patent by Defendants, the University has been damaged. The University is therefore entitled to such damages pursuant to 35 U.S.C. § 284 in an amount that presently cannot be pled but that will be determined at trial.

Original Data: 

http://news.ltn.com.tw/news/business/paper/935594

三讀修正通過勞動基準法部分條文

人：立法院院會三讀

事：修正通過勞動基準法部分條文，明訂離職員工競業禁止條款。競業禁止期間最長不得逾2年，且雇主對勞工因不從事競業行為所受損失應有合理補償。

時：2015/11/30

地：台灣

物：三讀條文將競業條款相關規範明訂在勞動基準法中，規定雇主須與勞工以書面方式約定競業禁止，禁止年不得超過2年，還須符合4點規範，否則該競業條款無效。

三讀條文規定，雇主調動勞工工作，不得有不當動機及目的，對工資及其他勞動條件不能不利變更；若調動工作地點過遠，雇主應給予必要協助，並需考量勞工家庭的生活利益。

摘要：

勞動部過去考量鉅額違約金規定員工不得跳槽是影響就業權，參考多年法院判決，增訂「勞資雙方簽訂離職後競業禁止條款參考原則」，讓業界及法院有遵循原則。4點規範包括雇主要有受保護的正當營業利益、勞工職能接觸營業祕密法中定義的營業祕密。競業禁止條例禁止的期間、區域、職業活動範圍、就業對象不得超過合理範圍，且對於勞工不從事競業行為所受損失應有合理補償。
三讀條文也明訂，所謂「合理補償」不包括勞工在工作期間受領的給付。離職前發給的紅利、年終獎金、工資都不得折抵。

Original  Data:

http://news.ltn.com.tw/news/life/paper/935943

擔架確保器

人：金門縣消防隊員李錫安

事：設計出「擔架確保器」，並獲得專利。

時：2015/11

地：台灣

物：由滑軌和安全扣環卡榫組成的「擔架確保器」，藉由擔架前導輪的橫桿將扣環卡榫往內帶進，翻轉定位後，擔架得以固定。移出擔架時，也是藉由前導輪的橫桿將扣環往外帶；雖然擔架腳完全展開，但不會離開救護車，藉由副手把擔架放到地面，避免摔車意外。

摘要：

現行救護車因無防止擔架摔落設備，導致傷病患二度受傷事件偶有所聞。擔架「軟腳」重摔到地面，除了傷病患二度受傷，甚至死亡，還會加深民眾與消防救護間的不信任感。擔架確保器除了確保傷病患在擔架搬運過程中的穩定，更讓消防人員執勤過程中避免職業傷害。全金門消防隊共有10輛救護車，將儘快在每輛車上安裝；並已有台灣消防單位向金門縣消防局接洽引進這套設備。

Note: 

M507744

用於救護平台的擔架床防摔器

李錫安 金門縣金寧鄉林厝6號 TW

本新型係關於一種 用於救護平台的擔架床防摔器，主要係包括有一滑軌及一沿著該滑軌內部滑行作動之防摔裝置，該防摔裝置係包括有一滑座、一可擺動地結合於該滑座之撥板及一連接於該滑座及該撥板之間的彈性元件；本新型係可安裝於救護車後車廂內的救護平台，當擔架床推上救護平台時，擔架床底部能夠確切地卡制於該防摔裝置，防止救護車在行駛過程中任意晃動，並可以在擔架床下救護車的過程中，透過防摔裝置暫時卡住擔架底部進行二次確保動作，來避免操作速度過快或擔架重量太重導致腳架尚未完全伸展而摔落的情況。

Original Data:

http://udn.com/news/story/3/1336926-擔架確保器獲專利-金門消防妙點子

PATENT FEES

35 U.S.C. 41 PATENT FEES; PATENT AND TRADEMARK SEARCH SYSTEMS.

(a) GENERAL FEES.--The Director shall charge the following fees:

(1) FILING AND BASIC NATIONAL FEES.--

(A) On filing each application for an original patent, except for design, plant, or provisional applications, $330.

(B) On filing each application for an original design patent, $220.

(C) On filing each application for an original plant patent, $220.

(D) On filing each provisional application for an original patent, $220.

(E) On filing each application for the reissue of a patent, $330.

(F) The basic national fee for each international application filed under the treaty defined in section 351(a) entering the national stage under section 371, $330.

(G) In addition, excluding any sequence listing or computer program listing filed in an electronic medium as prescribed by the Director, for any application the specification and drawings of which exceed 100 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium), $270 for each additional 50 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium) or fraction thereof.

(2) EXCESS CLAIMS FEES.--

(A) IN GENERAL.--In addition to the fee specified in paragraph (1)--

(i) on filing or on presentation at any other time, $220 for each claim in independent form in excess of 3;

(ii) on filing or on presentation at any other time, $52 for each claim (whether dependent or independent) in excess of 20; and

(iii) for each application containing a multiple dependent claim, $390.

(B) MULTIPLE DEPENDENT CLAIMS.--For the purpose of computing fees under subparagraph (A), a multiple dependent claim referred to in section 112 or any claim depending therefrom shall be considered as separate dependent claims in accordance with the number of claims to which reference is made.

(C) REFUNDS; ERRORS IN PAYMENT.--The Director may by regulation provide for a refund of any part of the fee specified in subparagraph (A) for any claim that is canceled before an examination on the merits, as prescribed by the Director, has been made of the application under section 131. Errors in payment of the additional fees under this paragraph may be rectified in accordance with regulations prescribed by the Director.

(3) EXAMINATION FEES.--

(A) IN GENERAL.--

(i) For examination of each application for an original patent, except for design, plant, provisional, or international applications, $220.

(ii) For examination of each application for an original design patent, $140.

(iii) For examination of each application for an original plant patent, $170.

(iv) For examination of the national stage of each international application, $220.

(v) For examination of each application for the reissue of a patent, $650.

(B) APPLICABILITY OF OTHER FEE PROVISIONS.--The provisions of paragraphs (3) and (4) of section 111(a) relating to the payment of the fee for filing the application shall apply to the payment of the fee specified in subparagraph (A) with respect to an application filed under section 111(a). The provisions of section 371(d) relating to the payment of the national fee shall apply to the payment of the fee specified in subparagraph (A) with respect to an international application.

(4) ISSUE FEES.--

(A) For issuing each original patent, except for design or plant patents, $1,510.

(B) For issuing each original design patent, $860.

(C) For issuing each original plant patent, $1,190.

(D) For issuing each reissue patent, $1,510.

(5) DISCLAIMER FEE.--On filing each disclaimer, $140.

(6) APPEAL FEES.--

(A) On filing an appeal from the examiner to the Patent Trial and Appeal Board, $540.

(B) In addition, on filing a brief in support of the appeal, $540, and on requesting an oral hearing in the appeal before the Patent Trial and Appeal Board, $1,080.

(7) REVIVAL FEES.--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, $1,620, unless the petition is filed under section 133 or 151, in which case the fee shall be $540.

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

(A) on filing a first petition, $130;

(B) on filing a second petition, $360; and

(C) on filing a third or subsequent petition, $620.

(b) MAINTENANCE FEES.--

(1) IN GENERAL.--The Director shall charge the following fees for maintaining in force all patents based on applications filed on or after December 12, 1980:

(A) Three years and 6 months after grant, $980.

(B) Seven years and 6 months after grant, $2,480.

(C) Eleven years and 6 months after grant, $4,110.

(2) GRACE PERIOD; SURCHARGE.--Unless payment of the applicable maintenance fee under paragraph (1) is received in the Office on or before the date the fee is due or within a grace period of 6 months thereafter, the patent shall 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.

(3) NO MAINTENANCE FEE FOR DESIGN OR PLANT PATENT.--No fee may be established for maintaining a design or plant patent in force.

(c) DELAYS IN PAYMENT OF MAINTENANCE FEES.--

(1) ACCEPTANCE.--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 six-month grace period, the patent shall be considered as not having expired at the end of the grace period.

(2) EFFECT ON RIGHTS OF OTHERS.-- 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) PATENT SEARCH AND OTHER FEES.--

(1) PATENT SEARCH FEES.--

(A) IN GENERAL.--The Director shall charge the fees specified under subparagraph (B) for the search of each application for a patent, except for provisional applications. The Director shall adjust the fees charged under this paragraph to ensure that the fees recover an amount not to exceed the estimated average cost to the Office of searching applications for patent by Office personnel.

(B) SPECIFIC FEES.--The fees referred to in subparagraph (A) are--

(i) $540 for each application for an original patent, except for design, plant, provisional, or international applications;

(ii) $100 for each application for an original design patent;

(iii) $330 for each application for an original plant patent;

(iv) $540 for the national stage of each international application; and

(v) $540 for each application for the reissue of a patent.

(C) APPLICABILITY OF OTHER PROVISIONS.--The provisions of paragraphs (3) and (4) of section 111(a) relating to the payment of the fee for filing the application shall apply to the payment of the fee specified in this paragraph with respect to an application filed under section 111(a). The provisions of section 371(d) relating to the payment of the national fee shall apply to the payment of the fee specified in this paragraph with respect to an international application.

(D) REFUNDS.--The Director may by regulation provide for a refund of any part of the fee specified in this paragraph for any applicant who files a written declaration of express abandonment as prescribed by the Director before an examination has been made of the application under section 131.

(2) OTHER FEES.--

(A) IN GENERAL.--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:

(i) For recording a document affecting title, $40 per property.

(ii) For each photocopy, $.25 per page.

(iii) For each black and white copy of a patent, $3.

(B) COPIES FOR LIBRARIES.--The yearly fee for providing a library specified in section 12 with uncertified printed copies of the specifications and drawings for all patents in that year shall be $50.

(e) WAIVER OF FEES; COPIES REGARDING NOTICE.--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 with a copy of the specifications and drawings for all patents referred to in that notice without charge.

(f) ADJUSTMENT OF FEES.--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, as determined by the Secretary of Labor. Changes of less than 1 per centum may be ignored.

(g) REPEALED

(h) FEES FOR SMALL ENTITIES.--

(1) REDUCTIONS IN FEES.--Subject to paragraph (3), fees charged under subsections (a), (b), and (d)(1) 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.

(2) SURCHARGES AND OTHER FEES.--With respect to its application to any entity described in paragraph (1), any surcharge or fee charged under subsection (c) or (d) shall not be higher than the surcharge or fee required of any other entity under the same or substantially similar circumstances.

(3) REDUCTION FOR ELECTRONIC FILING.--The fee charged under subsection (a)(1)(A) shall be reduced by 75 percent with respect to its application to any entity to which paragraph (1) applies, if the application is filed by electronic means as prescribed by the Director.

(i) ELECTRONIC PATENT AND TRADEMARK DATA.--

(1) MAINTENANCE OF COLLECTIONS.--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 and trademark search rooms or libraries.

(2) AVAILABILITY OF AUTOMATED SEARCH SYSTEMS.--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 dissemination of, patent and trademark information, using a variety of automated methods, including electronic bulletin boards and remote access by users to mass storage and retrieval systems.

(3) ACCESS FEES.--The Director may establish reasonable fees for access by the public to the automated search systems of the Patent and Trademark Office. If such fees are established, a limited amount of free access shall be made available to users of the systems for purposes of education and training. The Director may waive the payment by an individual of fees authorized by this subsection upon a showing of need or hardship, and if such waiver is in the public interest.

(4) ANNUAL REPORT TO CONGRESS.--The Director shall submit to the Congress an annual report on the automated search systems of the Patent and Trademark Office and the access by the public to such systems. The Director shall also publish such report in the Federal Register. The Director shall provide an opportunity for the submission of comments by interested persons on each such report.