| Fees and Payment of Money |
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(154) DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 1 and 2
[Docket No. 2004-C-032]
RIN 0651-AB74
Elimination of Credit Cards as
Payment for Replenishing Deposit Accounts
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule.
SUMMARY: The United States Patent and Trademark Office
(Office) is amending its rules of practice to eliminate acceptance of
credit cards as payment for replenishing deposit accounts. Deposit
account customers may still submit payments to replenish their deposit
accounts by electronic funds transfer (EFT) through the Federal Reserve
Fedwire System or over the Office's Internet Web site
(<http://frwebgate.access.gpo.gov/cgibin/leaving.cgi?from=leavingFr.html&
log=linklog&to=http://www.uspto.gov>), and by check or money order sent
through the mail. The Office will continue to accept credit cards as
payment for all other products and services for which fees are required.
DATES: Effective Date: August 23, 2004.
FOR FURTHER INFORMATION CONTACT: Matthew Lee by e-mail
at matthew.lee@uspto.gov <mailto:matthew.lee@uspto.gov>, or by
fax at (703) 308-5077 marked to the attention of Matthew Lee.
SUPPLEMENTARY INFORMATION: The Office is revising 37
CFR 1.23(b), 1.25(c)(2), 2.207(b), and 2.208(c)(2) to eliminate
acceptance of credit cards as payment for replenishing deposit accounts.
The Office participates in the Plastic Card Network (PCN),
which is a Government-wide network that allows Federal agencies to
accept nationally branded credit and debit cards for collecting
receipts due to the Government. This network promotes the efficient
electronic collection of receipts from the public sector while
providing a convenient and widely used payment option for remitters.
The Department of the Treasury Financial Management Service (FMS)
manages the PCN and pays the transaction fees incurred for processing
credit and debit card payments.
The Office was notified by the FMS of excessive transaction
fees resulting from high dollar credit card charges processed by the
agency. Nearly all of the high dollar credit card charges were payments
made by customers to replenish deposit accounts. Although credit cards
are an efficient means for individuals to use in replenishing deposit
accounts, they are an expensive option that is not cost-effective. It
is much more cost-effective to process high dollar payments by EFT or
by check for the Government. This is because the Government is charged
a percent fee based on the total dollar amount of the charge. Under the
PCN, the Office is not allowed to establish minimum or maximum single
transaction amounts or to charge a transaction fee for a specific group
of transactions as conditions for accepting credit cards.
Deposit account customers who replenished their deposit
accounts with a credit card may be inconvenienced, but the vast
majority of customers who pay for products and services with a credit
card will continue to enjoy the convenience and will not be impacted by
this final rule. Customers will continue to have a means of
replenishing their deposit accounts electronically by EFT, and through
the mail by check or money order.
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This final rule supports the FMS in controlling the PCN costs,
and ensures the Office can continue participating in the PCN and
provide the credit card payment option to customers for all other
products and services.
To ensure clarity in the implementation of this final rule, a
discussion of specific sections is set forth below.
Discussion of Specific Rules
37 CFR 1.23 Method of Payment
Section 1.23, paragraph (b), is revised to exclude credit cards
as payment for replenishing a deposit account.
37 CFR 1.25 Deposit Accounts
Section 1.25, paragraph (c)(2), is revised by removing the
reference to credit cards for replenishing a deposit account over the
Office's Internet Web site.
37 CFR 2.207 Method of Payment
Section 2.207, paragraph (b), is revised to exclude credit cards as
payment for replenishing a deposit account.
37 CFR 2.208 Deposit Accounts
Section 2.208, paragraph (c)(2), is revised by removing the
reference to credit cards for replenishing a deposit account over the
Office's Internet Web site.
Other Considerations
This final rule contains no information collection requirements
within the meaning of the Paperwork Reduction Act of 1995, 44 U.S.C.
3501 et seq. This final rule has been determined to be not significant
for purposes of Executive Order 12866. This final rule does not contain
policies with Federalism implications sufficient to warrant preparation
of a Federalism Assessment under Executive Order 13132 (August 4,
1999).
Prior notice and an opportunity for public comment are not
required by the Administrative Procedure Act, or any other statute or
regulation, for this rule. This rule is exempted from the notice and
comment because it involves a rule of agency practice or procedure. As
prior notice and an opportunity for public comment are not required
pursuant to 5 U.S.C. 553, or any other law, the analytical requirements
of the Regulatory Flexibility Act, 5 U.S.C. 605(b), are inapplicable.
List of Subjects
37 CFR Part 1
Administrative practice and procedure, Patents.
37 CFR Part 2
Administrative practice and procedure, Trademarks.
. For the reasons set forth in the preamble, title 37 of the
Code of Federal Regulations, parts 1 and 2, are being amended as set
forth below.
PART 1 - RULES OF PRACTICE IN PATENT CASES
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. 1. The authority citation for 37 CFR part 1 continues to read as
follows:
Authority: 35 U.S.C. 2, unless otherwise noted.
. 2. Section 1.23 is amended by revising paragraph (b) to read as
follows:
Sec. 1.23 Methods of payment.
* * * * *
(b) Payments of money required for United States Patent and
Trademark Office fees may also be made by credit card, except for
replenishing a deposit account. Payment of a fee by credit card must
specify the amount to be charged to the credit card and such other
information as is necessary to process the charge, and is subject to
collection of the fee. The Office will not accept a general
authorization to charge fees to a credit card. If credit card
information is provided on a form or document other than a form
provided by the Office for the payment of fees by credit card, the
Office will not be liable if the credit card number becomes public
knowledge.
. 3. Section 1.25 is amended by revising paragraph (c)(2) to
read as follows:
Sec. 1.25 Deposit accounts.
* * * * *
(c) ***
(2) A payment to replenish a deposit account may be submitted
by electronic funds transfer over the Office's Internet Web site
(<http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.
html&log=linklog&to=http://www.uspto.gov>).
* * * * *
PART 2 - RULES OF PRACTICE IN TRADEMARK CASES
. 1. The authority citation for 37 CFR part 2 continues to
read as follows:
Authority: 35 U.S.C. 2, unless otherwise noted.
. 2. Section 2.207 is amended by revising paragraph (b) to read as
follows:
Sec. 2.207 Methods of payment.
* * * * *
(b) Payments of money required for trademark fees may also be
made by credit card, except for replenishing a deposit account. Payment
of a fee by credit card must specify the amount to be charged to the
credit card and such other information as is necessary to process the
charge, and is subject to collection of the fee. The Office will not
accept a general authorization to charge fees to a credit card. If
credit card information is provided on a form or document other than a
form provided by the Office for the payment of fees by credit card, the
Office will not be liable if the credit card number becomes public
knowledge.
. 3. Section 2.208 is amended by revising paragraph (c)(2) to
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read as follows:
Sec. 2.208 Deposit accounts.
* * * * *
(c) ***
(2) A payment to replenish a deposit account may be submitted
by electronic funds transfer over the Office's Internet Web site
(<http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.
html&log=linklog&to=http://www.uspto.gov>).
* * * * *
July 14, 2004 JON W. DUDAS
Acting Under Secretary of
Commerce for Intellectual Property and
Acting Director of the
United States Patent and Trademark Office
[1285 OG 101]