85 1 of this Act and shall apply to any civil action commenced 2 on or after that date. 3 SEC. 10. FEE SETTING AUTHORITY. 4 (a) FEE SETTING.— 5 (1) IN GENERAL.—The Director may set or ad- 6 just by rule any fee established, authorized, or 7 charged under title 35, United States Code, or the 8 Trademark Act of 1946 (15 U.S.C. 1051 et seq.), 9 for any services performed by or materials furnished 10 by, the Office, subject to paragraph (2). 11 (2) FEES TO RECOVER COSTS.—Fees may be 12 set or adjusted under paragraph (1) only to recover 13 the aggregate estimated costs to the Office for proc- 14 essing, activities, services, and materials relating to 15 patents (in the case of patent fees) and trademarks 16 (in the case of trademark fees), including adminis- 17 trative costs of the Office with respect to such pat- 18 ent or trademark fees (as the case may be). 19 (b) SMALL AND MICRO ENTITIES.—The fees set or 20 adjusted under subsection (a) for filing, searching, exam- 21 ining, issuing, appealing, and maintaining patent applica- 22 tions and patents shall be reduced by 50 percent with re- 23 spect to the application of such fees to any small entity 24 that qualifies for reduced fees under section 41(h)(1) of 25 title 35, United States Code, and shall be reduced by 75 •HR 1249 EH
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