1.7 Times for taking action; expiration on Saturday, Sunday, or holiday. Whenever periods of time are specified in these rules in days, calendar days are intended. When the day, or the last day, fixed by statute or by or under these rules for taking any action or paying any fee in the Patent Office falls on Saturday, Sunday, or on a holiday within the District of Columbia, the action may be taken, or the fee paid, on the next succeeding day which is not a Saturday, Sunday, or a holiday. See Rule 1.304 [and 2.145] for time for appeal or for commencing civil action. NOTE: The following days are holidays in the District of Columbia: New Year's Day, January 1; Washington's Birthday, February 22; Memorial Day, May 30; Independence Day, July 4; Labor Day (first Monday in September); Veterans' Day, November 11; Thanksgiving Day (fourth Thursday in November); Christmas Day, December 25; Inauguration Day, January 20 (every 4 years). RECORDS AND FILES OF THE PATENT OFFICE 1.11 Patent files open to the public. (Rule relates only to patents.) NOTE: See rule 2.27 for trademark files. 1.12 Assignment records open to public inspection. The assignment records, including digests and indexes, are open to public inspection and copies of any instrument recorded may be obtained upon payment of the fee therefor. An order for a copy of an assignment should give the identification of the record. If identified only by the name of the patentee and number of the patent, or in the case of a trademark registration by the name of the registrant and number of the registration, or by name of the applicant and serial number of the application, an extra charge will be made for the time consumed in making a search for such assignment. 1.13 Copies and certified copies. (a) Copies of patents and trademark registrations and of any records, books, papers, or drawings belonging to the Patent Office and open to the public, will be furnished by the Patent Office to any person, and copies of other records or papers will be furnished to persons entitled thereto, upon payment of the fee therefor. (b) Such copies will be authenticated by the seal of the Patent Office and certified by the Commissioner, or in his name attested by an officer of the Patent Office authorized by the Commissioner, upon payment of the fee for the authentication certificate in addition to the fee for the copies. 1.14 Patent applications preserved in secrecy. (Rule relates only to patent applications.) NOTE: See rule 2.27 for trademark applications. 1.21 FEES AND PAYMENT OF MONEY Patent and miscellaneous fees and charges. (See pamphlet of Patent Rules.) 1.22 Fees payable in advance. Fees and charges payable to the Patent Office are required to be paid in advance, that is, at the time of making application for any action by the Office for which a fee or charge is payable. 1.23 Method of payment. All payments of money required for Patent Office fees should be made in United States specie, Treasury notes, national bank notes, post office money orders or postal notes payable in Washington, D.C., or by certified checks. 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. 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 Office will be at the risk of the sender; letters containing money should be registered. 1.24 Coupons. Coupons in denominations of ten cents and twentyfive cents are sold by the Patent Office for the convenience of regular purchasers of printed copies of patents, designs, and trademark registrations; these coupons will not be accepted for other purposes. The ten-cent coupons are sold individually and in pads of 20 for $2.00 and books of 100 with stubs for record for $10.00. The twenty-fivecent coupons are sold individually and in pads of 20 for $5.00 and in books of 100 with stubs for record for $25.00. These coupons are good until used; they may be transferred but cannot be redeemed. NOTE: Public document coupons issued by the Superintendent of Documents cannot be used in the Patent Office, nor can the coupons issued by the Patent Office be used at the Government Printing Office or elsewhere. 1.25 Deposit accounts. (a) For the convenience of attorneys, agents, and the general public, in ordering services offered by the Office, copies of records, etc., special deposit accounts may be established in the Patent Office. A minimum deposit of $25.00 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. (b) Filing, final, appeal, and petition fees will not be charged against these accounts. 1.26 Refunds. Money paid by actual mistake or in excess, such as a payment not required by law, will be refunded, but a mere change of purpose after the payment of money, as when a party desires to withdraw his application or to withdraw an appeal, will not entitle a party to demand such a return. Amounts of ten cents or less will not be returned unless specifically demanded, within a reasonable time, nor will the payer be notified of such amount; amounts over ten cents but less than one dollar may be returned in postage stamps, and other amounts by check. 2.1 Sections of Part 1 applicable. Sections 1.1 to 1.26 of this chapter [Patent Rules 1 to 26] are applicable to trademark cases except such parts thereof which specifically refer to patents. Other sections of Part 1 (Rules of Practice in Patent Cases) incorporated by reference or referred to in particular sections of this part are also applicable to trademark cases. 2.6 Trademark fees. In addition to the fees prescribed by statute, the following fees and charges are established by the Patent Office for trademark cases: (a) For each printed copy of a registration with data entered of record as of date of mailing, relating to renewal, can- (b) For photocopies or other reproductions of records, draw- $0.50 .30 (d) For making drawings, when facilities are available, the cost of making the same, minimum charge per sheet 10.00 (e) For correcting drawings, the cost of making the correction plus a photoprint of the uncorrected drawing, minimum charge. See rule 1.21 for patent and miscellaneous fees. 3.30 NOTE: Section 31 of the Trademark Act prescribes the following fees: (a) On filing each original application for registration of a (b) On filing each application for renewal in each class_ $25.00 25.00 5.00 10.00 (e) On filing notice of opposition or application for cancellation (f) On appeal from an Examiner in charge of the registration of marks_-_-_ (g) For issuance of a new certificate of registration following (h) For certificate of correction of registrant's mistake_---- $25.00 25.00 10.00 10.00 .10 (j) For comparing other copies, for every 100 words or fraction thereof.. .05 (k) For certifying in any case, additional_--_. (1) For each additional registration or application which may be included under a single certificate, additional_ (m) For filing disclaimer or amendment after registration___ 10.00 (n) For abstracts of title: 1.00 .50 For the search, one hour or less, and certificate__ 3.00 1.50 For each brief from the digest of assignments of two 1.00 (0) For certificate that trademark has not been registeredsearch and certificate (for deposit in foreign countries only) 3.00 (p) For title reports required for Office use_ 1.00 (q) For a single printed copy of statement and drawing--If certified, for the grant, additional. .10 1.00 For the certificate. 1.00 If renewed, for copy of certificate of renewal, addi- 1.00 (r) For recording every assignment or other paper not exceed ing six pages 3.00 For each additional two pages or less-- 1.00 For each additional registration or application in- .50 NOTE: The Official Gazette is sold by the Superintendent of Documents, U.S. Government Printing Office, Washington 25, D.C., who also sets the price, and to whom all communications respecting the same should be addressed. Official Gazette of the United States Patent Office: Annual subscription, domestic___ Annual subscription, foreign_ Single numbers__. $35.00 45.00 1.00 2.50 Annual index relating to trademarks; price varies, 1962 volume buckram__. REPRESENTATION BY ATTORNEYS AND AGENTS AUTHORITY NOTE: Rules 2.11 to 2.19 interpret or apply 66 Stat. 795; 35 U.S.C. 31, 32. 2.11 Applicants may be represented by an attorney. The owner of a trademark may file and prosecute his own application for registration of such trademark, or he may be represented by an attorney or other person authorized to practice in trademark cases. The Patent Office cannot aid in the selection of an attorney or agent. 2.12 Persons who may practice before the Patent Office in trademark cases. (a) Attorneys at law: Any person who is a member in good standing of the bar of the Supreme Court of the United States or of the highest court of any State, Territory, or the District of Columbia, and is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting him in the practice of law, may represent others before the Patent Office in trademark cases. No application for recognition to practice in trademark cases by attorneys at law is required. (b) Nonlawyers: Persons who are not attorneys at law as specified in paragraph (a) of this section are not recognized to practice before the Patent Office in trademark cases, except that persons not attorneys at law who were recognized to practice before the Patent Office under this chapter prior to January 1, 1957, will be recognized as agents to continue practice in trademark cases in the Patent Office. (c) Foreign attorneys and agents: Any foreign attorney or agent not a resident of the United States who shall file proof to the satisfaction of the Commissioner that he is registered and in good standing before the patent or trademark office of the country in which he resides and practices, may be recognized to represent applicants located in such country before the United States Patent Office in the presentation and prosecution of trademark applications: Provided, That the patent or trademark office of such country allows substantially reciprocal privileges to those permitted to practice in trademark cases be |