Patent Law FAQ

The institution of higher education basis allows applicants to qualify for micro entity status if:

1. The applicant’s employer, from which the applicant obtains the majority of their income, is an institution of higher education as defined in the Higher Education Act of 1965, or
2. The applicant has assigned, granted, conveyed, or is obligated to assign, grant or convey, a license or ownership interest in the application to such an institution of higher education.

The applicant must also qualify as a small entity. This basis is implemented in 37 CFR 1.29(d).

The USPTO requires a security code for credit card payments made through its website. According to MPEP 509:

Credit card payment submissions made on the USPTO website at www.uspto.gov must include the 3-digit or 4-digit security code associated with the credit card in addition to the credit card number. The security code will not be required when the paper Credit Card Payment Form (PTO-2038) or other written authorization is submitted.

Key points about the security code requirement:

• It’s part of an authentication procedure to reduce fraudulent or unauthorized credit card use.
• The code verifies that the physical card is in the cardholder’s possession.
• For DISCOVER®, MASTERCARD®, and VISA®, it’s a 3-digit code on the back of the card.
• For AMERICAN EXPRESS®, it’s a 4-digit code on the front of the card.
• If you can’t read the security code, contact your card issuer.

This requirement enhances security for online transactions but doesn’t apply to paper submissions using Form PTO-2038.

To learn more:

• credit card security code
• USPTO online payments
• CVV
• CVC2
• CID

The Credit Card Payment Form (PTO-2038) is a specific form provided by the USPTO for making credit card payments for patent and trademark process fees. According to MPEP 509:

Credit Card Payment Form (PTO-2038) should be used when paying a patent process or trademark process fee (or the fee for an information product) by credit card, unless the payment is being made using the USPTO patent electronic filing system.

Key points about the form:

• It can be downloaded from the USPTO website at www.uspto.gov/PatentForms.
• It’s not required (and should not be used) when making credit card payments via EFS-Web or other electronic filing systems.
• Using this form helps keep credit card information confidential, as the USPTO does not include it among records open to public inspection.

Failure to use this form when submitting a paper credit card payment may result in the credit card information becoming part of the public record.

To learn more:

• Credit Card Payment Form
• PTO-2038
• USPTO payments
• patent fees
• trademark fees

What is a USPTO deposit account and how does it work?

A USPTO deposit account is a pre-established account that allows for convenient payment of fees to the United States Patent and Trademark Office. According to MPEP 509:

“A deposit account is a convenient method for individuals or firms to establish a pre-paid account with the USPTO to facilitate the payment of fees.”

Here’s how USPTO deposit accounts work:

• You deposit funds into the account in advance
• Fees can be automatically deducted from the account when filing applications or paying other fees
• Minimum balance requirements apply (currently $1,000 for individuals, $5,000 for law firms)
• Account holders receive monthly statements
• Useful for frequent filers or those managing multiple applications

To open a deposit account, you need to complete Form PTO-2232 and submit it to the USPTO with an initial deposit. This method can streamline fee payments and reduce the risk of insufficient fee issues.

To learn more:

• USPTO deposit account
• pre-paid account
• patent fees
• fee payment

To learn more:

• pre-funded account

What happens if there are insufficient funds when paying USPTO fees?

If there are insufficient funds when paying USPTO fees, several consequences may occur:

• The fee payment will be considered incomplete.
• Your application or request may not be processed.
• You may incur additional fees or penalties.
• In some cases, you might lose filing date benefits.

The MPEP 509 warns, “If the Office receives a check drawn on a deposit account with insufficient funds, the fee will be considered unpaid.” For electronic payments, “If the electronic fund transfer is refused, or if the credit card is declined or invalid, the fee will be considered unpaid.” It’s crucial to ensure sufficient funds are available to avoid these issues and potential delays in your patent or trademark process.

To learn more:

• USPTO fees
• insufficient funds
• payment issues
• fee consequences

If an applicant pays an insufficient fee to the USPTO, the Office will notify the applicant and provide an opportunity to submit the remaining balance. According to MPEP 509:

If the fee paid by the applicant is insufficient, either because the notice specified an incorrect dollar amount for the fee or because of a fee increase effective after the mailing of the notice and before payment of the fee by the applicant, the applicant should be notified in writing by the Office of the fee insufficiency and given a new time period in which to submit the remaining balance.

The notification will include:

• The reason for the additional fee requirement
• An explanation of why the original fee was incorrect or insufficient
• A new time period for submitting the remaining balance

This process helps ensure that applicants have a fair opportunity to complete their fee payments and avoid abandonment of their applications due to fee issues.

To learn more:

• insufficient fees
• USPTO payments
• fee notifications
• patent application fees

What happens if I overpay a patent fee to the USPTO?

If you overpay a patent fee to the USPTO, you may be eligible for a refund. The MPEP 509 states: ‘In the event that an amount is paid by mistake or in excess of that required, a refund may be made only if a petition for refund is filed within 2 years after the date the fee was paid.’

To request a refund:

1. File a petition for refund within 2 years of the payment date
2. Clearly explain the reason for the overpayment
3. Provide evidence of the overpayment

It’s important to note that not all overpayments are automatically refunded, so proactive action is necessary to recover excess fees.

To learn more:

• overpayment
• refund
• patent fees
• USPTO
• petition for refund

If you lose entitlement to micro entity status, you must:

1. File a notification of loss of entitlement to micro entity status in the application or patent
2. Pay the required fee in the small entity or undiscounted amount, as appropriate

The notification must be filed prior to or at the time of paying the earliest fee after the date on which status as a micro entity is no longer appropriate. As stated in 37 CFR 1.29(i): ‘Payment of a fee in other than the micro entity amount is not sufficient notification that micro entity status is no longer appropriate.’

Micro entities receive a 75% reduction on many USPTO fees, including:

• Filing fees (nonprovisional and provisional)
• Search fees
• Examination fees
• Issue fees
• Appeal fees
• Maintenance fees
• Patent Trial and Appeal Board fees

The micro entity discount applies to most fees ‘for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents.’

Improperly claiming micro entity status can have serious consequences:

• It may be considered fraud on the USPTO if done knowingly
• It can result in the patent being held unenforceable
• Improperly paid fees will need to be corrected, which may include late fees

MPEP 509.04 warns: ‘Any attempt to fraudulently establish status as a micro entity, or pay fees as a micro entity, shall be considered as a fraud practiced or attempted on the Office. Improperly, and with intent to deceive, establishing status as a micro entity, or paying fees as a micro entity, shall be considered as a fraud practiced or attempted on the Office.’

To qualify for micro entity status, an applicant must meet the following requirements:

• Qualify as a small entity
• Not be named as an inventor on more than 4 previously filed patent applications
• Not have a gross income exceeding 3 times the median household income in the previous calendar year
• Not have assigned, licensed, or be obligated to assign or license rights to an entity that exceeds the gross income limit

Alternatively, an applicant can qualify if they are employed by or have assigned rights to an institution of higher education.

What are the consequences of submitting insufficient fees for a patent application?

Submitting insufficient fees for a patent application can have significant consequences. According to MPEP 509:

“An application filed with insufficient basic filing fee, search fee, examination fee, or oath or declaration will be treated as an incomplete application under 37 CFR 1.53(f) and will not be given a filing date until the filing fee is received.”

This means:

• Your application won’t receive a filing date until the correct fees are paid
• This delay could affect your priority date
• If not corrected promptly, the application may be considered abandoned

It’s crucial to ensure all required fees are paid in full when submitting a patent application to avoid these issues.

To learn more:

• patent fees
• insufficient fees
• filing date
• incomplete application

What are the consequences of bounced checks or insufficient funds for USPTO fee payments?

Submitting a check that bounces or having insufficient funds for USPTO fee payments can have serious consequences. The MPEP 509 states: ‘If any fee is paid by a check which is uncollectible or is returned unpaid, or if any payment is made in an amount less than the required amount, the fee payment shall be regarded as incomplete and the processing of the application or other filing shall be held in abeyance until the full fee payment is made.’

Consequences may include:

• Suspension of application processing
• Potential loss of filing date
• Additional fees or penalties
• Possible disciplinary action for repeated occurrences

To avoid these issues, ensure sufficient funds are available and consider using more reliable payment methods like electronic funds transfer or credit cards.

To learn more:

• bounced checks
• insufficient funds
• USPTO fees
• payment consequences

What are the accepted payment methods for patent fees?

The USPTO accepts various payment methods for patent fees:

• Credit or debit card
• Electronic funds transfer (EFT)
• Deposit account
• Check or money order

As stated in MPEP 509: ‘Fees may be paid by U.S. credit card, electronic funds transfer (EFT), deposit account, check or money order.’ Electronic payment methods are preferred for their efficiency and speed.

To learn more:

• patent fees
• payment methods
• USPTO
• credit card
• electronic funds transfer
• deposit account

The USPTO accepts various methods of payment for patent and trademark process fees. According to MPEP 509, the primary methods include:

• Credit cards (AMERICAN EXPRESS®, DISCOVER®, MASTER CARD®, and VISA®)
• Deposit accounts
• Electronic funds transfer (EFT)
• Other forms of payment accepted by the Office

It’s important to note that credit card payments are subject to a transaction maximum. As stated in the MPEP: Effective June 1, 2015, the credit card transaction maximum is $24,999.99 as specified in section 7045 of the ‘Treasury Financial Manual.’ This limit does not apply to other payment methods.

To learn more:

• USPTO fees
• payment methods
• credit card payments
• transaction limits

The USPTO requires clear itemization of fees to ensure proper accounting. According to MPEP 509:

37 CFR 1.22(b) sets forth that fees must be itemized in such a manner that it is clear for which purpose fees are paid. The Office may return fees that are not itemized.

However, the MPEP clarifies that the itemization requirement is not meant to create problems when the purpose is clear:

• A reference to ‘filing fee(s)’ is sufficient to cover all types of filing fees.
• In later submissions, ‘filing fee(s)’ would also cover surcharges.
• A reference to ‘any corresponding fee under 37 CFR 1.16’ covers any fee under that section.

The key is to provide enough information for the USPTO to understand the purpose of the payment.

To learn more:

• fee itemization
• USPTO payments
• patent fees
• trademark fees

Micro entity status, once properly established, generally remains in effect until:

• A fee is paid in the small entity or undiscounted amount
• A notification of loss of entitlement to micro entity status is filed
• The issue fee or a maintenance fee is due

However, the applicant has a continued obligation to verify eligibility for micro entity status each time a fee is paid. As stated in 37 CFR 1.29(g): ‘a fee may be paid in the micro entity amount only if status as a micro entity as defined in paragraph (a) or (d) of this section is appropriate on the date the fee is being paid.’

For micro entity status, gross income is determined as follows:

• Based on the calendar year preceding the year a fee is paid
• Uses the definition of gross income in section 61(a) of the Internal Revenue Code
• Compared to three times the median household income as reported by the Bureau of the Census
• For non-US income, converted using the average currency exchange rate for the relevant calendar year

The USPTO website provides the current maximum qualifying gross income limit.

The USPTO has specific procedures for handling refunds of fees paid by credit card. According to MPEP 509:

35 U.S.C. 42(d) and 37 CFR 1.26 (which concern refund of patent and trademark fees) also apply to requests for refund of fees paid by credit card. Any refund of a fee paid by credit card will be by a credit to the credit card account to which the fee was charged. See 37 CFR 1.26(a).

Key points about USPTO refunds for credit card payments:

• Refunds are processed as credits to the original credit card account used for payment.
• The same laws and regulations governing refunds of patent and trademark fees apply to credit card payments.
• For information on which fees are refundable, refer to MPEP § 607.02 regarding returnability of fees.

It’s important to note that refund requests are subject to specific criteria and time limitations, so applicants should review the relevant regulations when seeking a refund.

To learn more:

• USPTO refunds
• credit card payments
• fee refunds
• patent fees
• trademark fees

The application filing limit for micro entity status works as follows:

• An applicant must not have been named as an inventor on more than 4 previously filed patent applications
• This limit excludes provisional applications, foreign applications, and PCT applications where the basic national fee was not paid
• Applications filed as a result of previous employment where rights were assigned don’t count towards the limit

MPEP 509.04(a) clarifies: ‘It does not matter how long ago the previous applications were filed or whether the previously filed applications are pending, patented, or abandoned; they are still included when counting to determine whether the application filing limit has been reached.’

How do I set up a deposit account with the USPTO?

To set up a deposit account with the USPTO:

1. Visit the USPTO Deposit Accounts page
2. Download and complete the Deposit Account Application Form
3. Submit the form with an initial deposit (minimum $1,000)
4. Wait for account approval and receive your account number

According to MPEP 509: ‘A deposit account may be established by submitting a completed Deposit Account Application Form with an initial deposit of at least $1,000.’ This account can be used for future fee payments, offering convenience for frequent USPTO transactions.

To learn more:

• deposit account
• USPTO
• patent fees
• application form

To certify micro entity status, you must file a certification form with the USPTO. The USPTO provides two forms:

• Form PTO/SB/15A for certifying under the gross income basis
• Form PTO/SB/15B for certifying under the institution of higher education basis

The certification must be signed by an authorized party as defined in 37 CFR 1.33(b). It should be filed prior to or at the time of paying the first fee as a micro entity.

How can I pay patent fees to the USPTO?

The USPTO offers several methods for paying patent fees. According to MPEP 509:

“Fees can be paid: (A) by credit card, (B) by electronic funds transfer (EFT), (C) by check, (D) by money order, (E) by deposit account, or (F) in cash (for hand-carried applications only).”

Here’s a breakdown of these payment methods:

• Credit Card: Accepted online or by mail/fax using Form PTO-2038
• Electronic Funds Transfer (EFT): Available through the USPTO’s Electronic Filing System (EFS-Web)
• Check or Money Order: Made payable to the Director of the USPTO
• Deposit Account: A pre-established account with the USPTO
• Cash: Only for in-person payments at the USPTO office

For most applicants, online payment methods (credit card or EFT) are the most convenient and efficient options.

To learn more:

• patent fees
• USPTO payment methods
• credit card
• electronic funds transfer
• deposit account

How can I pay fees to the USPTO electronically?

The USPTO offers several electronic payment options for paying fees:

• Credit or Debit Card: You can pay using major credit or debit cards through the USPTO’s secure online system.
• Electronic Funds Transfer (EFT): This allows for direct transfer from your bank account to the USPTO.
• USPTO Deposit Account: Maintain a pre-funded account with the USPTO for easy fee payments.

According to MPEP 509, “The Office accepts the following forms of payment: […] by credit card, by electronic funds transfer (EFT), or by a USPTO deposit account.” Electronic payments are convenient and often processed more quickly than other methods.

To learn more:

• USPTO fees
• electronic payment
• credit card
• EFT
• deposit account

Can I pay patent fees in foreign currency?

No, the USPTO does not accept foreign currency for patent fee payments. According to MPEP 509: ‘All payments of money required for USPTO fees or services must be made in U.S. dollars and in the form of a cashier’s or certified check, Treasury note, national bank notes, or United States Postal Service money order.’

If you’re an international applicant, you’ll need to arrange for payment in U.S. dollars. Options include:

• Using an international credit card that can process payments in USD
• Establishing a U.S. bank account
• Using a registered U.S. attorney who can make payments on your behalf

It’s advisable to plan ahead for currency conversion to ensure timely payment of USPTO fees.

To learn more:

• foreign currency
• USPTO fees
• international applicants
• U.S. dollars

To learn more:

• U.S. dollars

Yes, foreign applicants can qualify for micro entity status if they meet all the requirements. The USPTO states in MPEP 509.04(a):

Small entities may claim reduced fees regardless of the country in which they are located. There is no restriction requiring that the person, small business concern, or nonprofit organization be located in the United States.

For applicants with income in foreign currency, 37 CFR 1.29(c) specifies: ‘If an applicant’s, inventor’s, joint inventor’s, or entity’s gross income in the preceding calendar year is not in United States dollars, the average currency exchange rate, as reported by the Internal Revenue Service, during that calendar year shall be used to determine whether the applicant’s, inventor’s, joint inventor’s, or entity’s gross income exceeds the threshold specified in paragraph (a)(3) or (4) of this section.’

Are there any restrictions on paying USPTO fees by credit card?

Yes, there are some restrictions when paying USPTO fees by credit card:

• There’s a daily limit on credit card transactions.
• Some types of fees may not be eligible for credit card payment.
• Only certain credit cards are accepted.

The MPEP 509 states, “The Office will not accept a general authorization to charge all fees, or all fees in a specific case, to a credit card.” Additionally, “Credit Card Payment Form PTO-2038 should be used when paying a patent or trademark fee (or related service fee) by credit card, unless the payment is being made via EFS-Web.” It’s important to check the current USPTO guidelines for any updates to credit card payment policies.

To learn more:

• USPTO fees
• credit card payment
• payment restrictions

Are there any fee reductions or waivers available for USPTO patent fees?

Yes, the USPTO offers fee reductions for certain applicants. According to MPEP 509, “Certain fees may be reduced if the applicant qualifies as a small entity or micro entity.” Here’s a brief overview:

• Small Entity: Individuals, small businesses, and nonprofit organizations may qualify for a 50% fee reduction.
• Micro Entity: Certain applicants may qualify for a 75% fee reduction if they meet specific income and filing requirements.

To determine if you qualify and for detailed information on how to claim these statuses, refer to MPEP 509.02 for Small Entity Status and MPEP 509.04 for Micro Entity Status. Always ensure you meet all requirements before claiming a reduced fee status.

To learn more:

• fee reduction
• small entity
• micro entity
• patent fees

The institution of higher education basis allows applicants to qualify for micro entity status if:

1. The applicant’s employer, from which the applicant obtains the majority of their income, is an institution of higher education as defined in the Higher Education Act of 1965, or
2. The applicant has assigned, granted, conveyed, or is obligated to assign, grant or convey, a license or ownership interest in the application to such an institution of higher education.

The applicant must also qualify as a small entity. This basis is implemented in 37 CFR 1.29(d).

The USPTO requires a security code for credit card payments made through its website. According to MPEP 509:

Credit card payment submissions made on the USPTO website at www.uspto.gov must include the 3-digit or 4-digit security code associated with the credit card in addition to the credit card number. The security code will not be required when the paper Credit Card Payment Form (PTO-2038) or other written authorization is submitted.

Key points about the security code requirement:

• It’s part of an authentication procedure to reduce fraudulent or unauthorized credit card use.
• The code verifies that the physical card is in the cardholder’s possession.
• For DISCOVER®, MASTERCARD®, and VISA®, it’s a 3-digit code on the back of the card.
• For AMERICAN EXPRESS®, it’s a 4-digit code on the front of the card.
• If you can’t read the security code, contact your card issuer.

This requirement enhances security for online transactions but doesn’t apply to paper submissions using Form PTO-2038.

To learn more:

• credit card security code
• USPTO online payments
• CVV
• CVC2
• CID

The Credit Card Payment Form (PTO-2038) is a specific form provided by the USPTO for making credit card payments for patent and trademark process fees. According to MPEP 509:

Credit Card Payment Form (PTO-2038) should be used when paying a patent process or trademark process fee (or the fee for an information product) by credit card, unless the payment is being made using the USPTO patent electronic filing system.

Key points about the form:

• It can be downloaded from the USPTO website at www.uspto.gov/PatentForms.
• It’s not required (and should not be used) when making credit card payments via EFS-Web or other electronic filing systems.
• Using this form helps keep credit card information confidential, as the USPTO does not include it among records open to public inspection.

Failure to use this form when submitting a paper credit card payment may result in the credit card information becoming part of the public record.

To learn more:

• Credit Card Payment Form
• PTO-2038
• USPTO payments
• patent fees
• trademark fees

What is a USPTO deposit account and how does it work?

A USPTO deposit account is a pre-established account that allows for convenient payment of fees to the United States Patent and Trademark Office. According to MPEP 509:

“A deposit account is a convenient method for individuals or firms to establish a pre-paid account with the USPTO to facilitate the payment of fees.”

Here’s how USPTO deposit accounts work:

• You deposit funds into the account in advance
• Fees can be automatically deducted from the account when filing applications or paying other fees
• Minimum balance requirements apply (currently $1,000 for individuals, $5,000 for law firms)
• Account holders receive monthly statements
• Useful for frequent filers or those managing multiple applications

To open a deposit account, you need to complete Form PTO-2232 and submit it to the USPTO with an initial deposit. This method can streamline fee payments and reduce the risk of insufficient fee issues.

To learn more:

• USPTO deposit account
• pre-paid account
• patent fees
• fee payment

To learn more:

• pre-funded account

What happens if there are insufficient funds when paying USPTO fees?

If there are insufficient funds when paying USPTO fees, several consequences may occur:

• The fee payment will be considered incomplete.
• Your application or request may not be processed.
• You may incur additional fees or penalties.
• In some cases, you might lose filing date benefits.

The MPEP 509 warns, “If the Office receives a check drawn on a deposit account with insufficient funds, the fee will be considered unpaid.” For electronic payments, “If the electronic fund transfer is refused, or if the credit card is declined or invalid, the fee will be considered unpaid.” It’s crucial to ensure sufficient funds are available to avoid these issues and potential delays in your patent or trademark process.

To learn more:

• USPTO fees
• insufficient funds
• payment issues
• fee consequences

If an applicant pays an insufficient fee to the USPTO, the Office will notify the applicant and provide an opportunity to submit the remaining balance. According to MPEP 509:

If the fee paid by the applicant is insufficient, either because the notice specified an incorrect dollar amount for the fee or because of a fee increase effective after the mailing of the notice and before payment of the fee by the applicant, the applicant should be notified in writing by the Office of the fee insufficiency and given a new time period in which to submit the remaining balance.

The notification will include:

• The reason for the additional fee requirement
• An explanation of why the original fee was incorrect or insufficient
• A new time period for submitting the remaining balance

This process helps ensure that applicants have a fair opportunity to complete their fee payments and avoid abandonment of their applications due to fee issues.

To learn more:

• insufficient fees
• USPTO payments
• fee notifications
• patent application fees

What happens if I overpay a patent fee to the USPTO?

If you overpay a patent fee to the USPTO, you may be eligible for a refund. The MPEP 509 states: ‘In the event that an amount is paid by mistake or in excess of that required, a refund may be made only if a petition for refund is filed within 2 years after the date the fee was paid.’

To request a refund:

1. File a petition for refund within 2 years of the payment date
2. Clearly explain the reason for the overpayment
3. Provide evidence of the overpayment

It’s important to note that not all overpayments are automatically refunded, so proactive action is necessary to recover excess fees.

To learn more:

• overpayment
• refund
• patent fees
• USPTO
• petition for refund

If you lose entitlement to micro entity status, you must:

1. File a notification of loss of entitlement to micro entity status in the application or patent
2. Pay the required fee in the small entity or undiscounted amount, as appropriate

The notification must be filed prior to or at the time of paying the earliest fee after the date on which status as a micro entity is no longer appropriate. As stated in 37 CFR 1.29(i): ‘Payment of a fee in other than the micro entity amount is not sufficient notification that micro entity status is no longer appropriate.’

Micro entities receive a 75% reduction on many USPTO fees, including:

• Filing fees (nonprovisional and provisional)
• Search fees
• Examination fees
• Issue fees
• Appeal fees
• Maintenance fees
• Patent Trial and Appeal Board fees

The micro entity discount applies to most fees ‘for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents.’

Improperly claiming micro entity status can have serious consequences:

• It may be considered fraud on the USPTO if done knowingly
• It can result in the patent being held unenforceable
• Improperly paid fees will need to be corrected, which may include late fees

MPEP 509.04 warns: ‘Any attempt to fraudulently establish status as a micro entity, or pay fees as a micro entity, shall be considered as a fraud practiced or attempted on the Office. Improperly, and with intent to deceive, establishing status as a micro entity, or paying fees as a micro entity, shall be considered as a fraud practiced or attempted on the Office.’

To qualify for micro entity status, an applicant must meet the following requirements:

• Qualify as a small entity
• Not be named as an inventor on more than 4 previously filed patent applications
• Not have a gross income exceeding 3 times the median household income in the previous calendar year
• Not have assigned, licensed, or be obligated to assign or license rights to an entity that exceeds the gross income limit

Alternatively, an applicant can qualify if they are employed by or have assigned rights to an institution of higher education.

What are the consequences of submitting insufficient fees for a patent application?

Submitting insufficient fees for a patent application can have significant consequences. According to MPEP 509:

“An application filed with insufficient basic filing fee, search fee, examination fee, or oath or declaration will be treated as an incomplete application under 37 CFR 1.53(f) and will not be given a filing date until the filing fee is received.”

This means:

• Your application won’t receive a filing date until the correct fees are paid
• This delay could affect your priority date
• If not corrected promptly, the application may be considered abandoned

It’s crucial to ensure all required fees are paid in full when submitting a patent application to avoid these issues.

To learn more:

• patent fees
• insufficient fees
• filing date
• incomplete application

What are the consequences of bounced checks or insufficient funds for USPTO fee payments?

Submitting a check that bounces or having insufficient funds for USPTO fee payments can have serious consequences. The MPEP 509 states: ‘If any fee is paid by a check which is uncollectible or is returned unpaid, or if any payment is made in an amount less than the required amount, the fee payment shall be regarded as incomplete and the processing of the application or other filing shall be held in abeyance until the full fee payment is made.’

Consequences may include:

• Suspension of application processing
• Potential loss of filing date
• Additional fees or penalties
• Possible disciplinary action for repeated occurrences

To avoid these issues, ensure sufficient funds are available and consider using more reliable payment methods like electronic funds transfer or credit cards.

To learn more:

• bounced checks
• insufficient funds
• USPTO fees
• payment consequences

What are the accepted payment methods for patent fees?

The USPTO accepts various payment methods for patent fees:

• Credit or debit card
• Electronic funds transfer (EFT)
• Deposit account
• Check or money order

As stated in MPEP 509: ‘Fees may be paid by U.S. credit card, electronic funds transfer (EFT), deposit account, check or money order.’ Electronic payment methods are preferred for their efficiency and speed.

To learn more:

• patent fees
• payment methods
• USPTO
• credit card
• electronic funds transfer
• deposit account

The USPTO accepts various methods of payment for patent and trademark process fees. According to MPEP 509, the primary methods include:

• Credit cards (AMERICAN EXPRESS®, DISCOVER®, MASTER CARD®, and VISA®)
• Deposit accounts
• Electronic funds transfer (EFT)
• Other forms of payment accepted by the Office

It’s important to note that credit card payments are subject to a transaction maximum. As stated in the MPEP: Effective June 1, 2015, the credit card transaction maximum is $24,999.99 as specified in section 7045 of the ‘Treasury Financial Manual.’ This limit does not apply to other payment methods.

To learn more:

• USPTO fees
• payment methods
• credit card payments
• transaction limits

The USPTO requires clear itemization of fees to ensure proper accounting. According to MPEP 509:

37 CFR 1.22(b) sets forth that fees must be itemized in such a manner that it is clear for which purpose fees are paid. The Office may return fees that are not itemized.

However, the MPEP clarifies that the itemization requirement is not meant to create problems when the purpose is clear:

• A reference to ‘filing fee(s)’ is sufficient to cover all types of filing fees.
• In later submissions, ‘filing fee(s)’ would also cover surcharges.
• A reference to ‘any corresponding fee under 37 CFR 1.16’ covers any fee under that section.

The key is to provide enough information for the USPTO to understand the purpose of the payment.

To learn more:

• fee itemization
• USPTO payments
• patent fees
• trademark fees

Micro entity status, once properly established, generally remains in effect until:

• A fee is paid in the small entity or undiscounted amount
• A notification of loss of entitlement to micro entity status is filed
• The issue fee or a maintenance fee is due

However, the applicant has a continued obligation to verify eligibility for micro entity status each time a fee is paid. As stated in 37 CFR 1.29(g): ‘a fee may be paid in the micro entity amount only if status as a micro entity as defined in paragraph (a) or (d) of this section is appropriate on the date the fee is being paid.’

For micro entity status, gross income is determined as follows:

• Based on the calendar year preceding the year a fee is paid
• Uses the definition of gross income in section 61(a) of the Internal Revenue Code
• Compared to three times the median household income as reported by the Bureau of the Census
• For non-US income, converted using the average currency exchange rate for the relevant calendar year

The USPTO website provides the current maximum qualifying gross income limit.

The USPTO has specific procedures for handling refunds of fees paid by credit card. According to MPEP 509:

35 U.S.C. 42(d) and 37 CFR 1.26 (which concern refund of patent and trademark fees) also apply to requests for refund of fees paid by credit card. Any refund of a fee paid by credit card will be by a credit to the credit card account to which the fee was charged. See 37 CFR 1.26(a).

Key points about USPTO refunds for credit card payments:

• Refunds are processed as credits to the original credit card account used for payment.
• The same laws and regulations governing refunds of patent and trademark fees apply to credit card payments.
• For information on which fees are refundable, refer to MPEP § 607.02 regarding returnability of fees.

It’s important to note that refund requests are subject to specific criteria and time limitations, so applicants should review the relevant regulations when seeking a refund.

To learn more:

• USPTO refunds
• credit card payments
• fee refunds
• patent fees
• trademark fees

The application filing limit for micro entity status works as follows:

• An applicant must not have been named as an inventor on more than 4 previously filed patent applications
• This limit excludes provisional applications, foreign applications, and PCT applications where the basic national fee was not paid
• Applications filed as a result of previous employment where rights were assigned don’t count towards the limit

MPEP 509.04(a) clarifies: ‘It does not matter how long ago the previous applications were filed or whether the previously filed applications are pending, patented, or abandoned; they are still included when counting to determine whether the application filing limit has been reached.’

How do I set up a deposit account with the USPTO?

To set up a deposit account with the USPTO:

1. Visit the USPTO Deposit Accounts page
2. Download and complete the Deposit Account Application Form
3. Submit the form with an initial deposit (minimum $1,000)
4. Wait for account approval and receive your account number

According to MPEP 509: ‘A deposit account may be established by submitting a completed Deposit Account Application Form with an initial deposit of at least $1,000.’ This account can be used for future fee payments, offering convenience for frequent USPTO transactions.

To learn more:

• deposit account
• USPTO
• patent fees
• application form

To certify micro entity status, you must file a certification form with the USPTO. The USPTO provides two forms:

• Form PTO/SB/15A for certifying under the gross income basis
• Form PTO/SB/15B for certifying under the institution of higher education basis

The certification must be signed by an authorized party as defined in 37 CFR 1.33(b). It should be filed prior to or at the time of paying the first fee as a micro entity.

How can I pay patent fees to the USPTO?

The USPTO offers several methods for paying patent fees. According to MPEP 509:

“Fees can be paid: (A) by credit card, (B) by electronic funds transfer (EFT), (C) by check, (D) by money order, (E) by deposit account, or (F) in cash (for hand-carried applications only).”

Here’s a breakdown of these payment methods:

• Credit Card: Accepted online or by mail/fax using Form PTO-2038
• Electronic Funds Transfer (EFT): Available through the USPTO’s Electronic Filing System (EFS-Web)
• Check or Money Order: Made payable to the Director of the USPTO
• Deposit Account: A pre-established account with the USPTO
• Cash: Only for in-person payments at the USPTO office

For most applicants, online payment methods (credit card or EFT) are the most convenient and efficient options.

To learn more:

• patent fees
• USPTO payment methods
• credit card
• electronic funds transfer
• deposit account

How can I pay fees to the USPTO electronically?

The USPTO offers several electronic payment options for paying fees:

• Credit or Debit Card: You can pay using major credit or debit cards through the USPTO’s secure online system.
• Electronic Funds Transfer (EFT): This allows for direct transfer from your bank account to the USPTO.
• USPTO Deposit Account: Maintain a pre-funded account with the USPTO for easy fee payments.

According to MPEP 509, “The Office accepts the following forms of payment: […] by credit card, by electronic funds transfer (EFT), or by a USPTO deposit account.” Electronic payments are convenient and often processed more quickly than other methods.

To learn more:

• USPTO fees
• electronic payment
• credit card
• EFT
• deposit account

Can I pay patent fees in foreign currency?

No, the USPTO does not accept foreign currency for patent fee payments. According to MPEP 509: ‘All payments of money required for USPTO fees or services must be made in U.S. dollars and in the form of a cashier’s or certified check, Treasury note, national bank notes, or United States Postal Service money order.’

If you’re an international applicant, you’ll need to arrange for payment in U.S. dollars. Options include:

• Using an international credit card that can process payments in USD
• Establishing a U.S. bank account
• Using a registered U.S. attorney who can make payments on your behalf

It’s advisable to plan ahead for currency conversion to ensure timely payment of USPTO fees.

To learn more:

• foreign currency
• USPTO fees
• international applicants
• U.S. dollars

To learn more:

• U.S. dollars

Yes, foreign applicants can qualify for micro entity status if they meet all the requirements. The USPTO states in MPEP 509.04(a):

Small entities may claim reduced fees regardless of the country in which they are located. There is no restriction requiring that the person, small business concern, or nonprofit organization be located in the United States.

For applicants with income in foreign currency, 37 CFR 1.29(c) specifies: ‘If an applicant’s, inventor’s, joint inventor’s, or entity’s gross income in the preceding calendar year is not in United States dollars, the average currency exchange rate, as reported by the Internal Revenue Service, during that calendar year shall be used to determine whether the applicant’s, inventor’s, joint inventor’s, or entity’s gross income exceeds the threshold specified in paragraph (a)(3) or (4) of this section.’

Are there any restrictions on paying USPTO fees by credit card?

Yes, there are some restrictions when paying USPTO fees by credit card:

• There’s a daily limit on credit card transactions.
• Some types of fees may not be eligible for credit card payment.
• Only certain credit cards are accepted.

The MPEP 509 states, “The Office will not accept a general authorization to charge all fees, or all fees in a specific case, to a credit card.” Additionally, “Credit Card Payment Form PTO-2038 should be used when paying a patent or trademark fee (or related service fee) by credit card, unless the payment is being made via EFS-Web.” It’s important to check the current USPTO guidelines for any updates to credit card payment policies.

To learn more:

• USPTO fees
• credit card payment
• payment restrictions

Are there any fee reductions or waivers available for USPTO patent fees?

Yes, the USPTO offers fee reductions for certain applicants. According to MPEP 509, “Certain fees may be reduced if the applicant qualifies as a small entity or micro entity.” Here’s a brief overview:

• Small Entity: Individuals, small businesses, and nonprofit organizations may qualify for a 50% fee reduction.
• Micro Entity: Certain applicants may qualify for a 75% fee reduction if they meet specific income and filing requirements.

To determine if you qualify and for detailed information on how to claim these statuses, refer to MPEP 509.02 for Small Entity Status and MPEP 509.04 for Micro Entity Status. Always ensure you meet all requirements before claiming a reduced fee status.

To learn more:

• fee reduction
• small entity
• micro entity
• patent fees

The institution of higher education basis allows applicants to qualify for micro entity status if:

1. The applicant’s employer, from which the applicant obtains the majority of their income, is an institution of higher education as defined in the Higher Education Act of 1965, or
2. The applicant has assigned, granted, conveyed, or is obligated to assign, grant or convey, a license or ownership interest in the application to such an institution of higher education.

The applicant must also qualify as a small entity. This basis is implemented in 37 CFR 1.29(d).

The USPTO requires a security code for credit card payments made through its website. According to MPEP 509:

Credit card payment submissions made on the USPTO website at www.uspto.gov must include the 3-digit or 4-digit security code associated with the credit card in addition to the credit card number. The security code will not be required when the paper Credit Card Payment Form (PTO-2038) or other written authorization is submitted.

Key points about the security code requirement:

• It’s part of an authentication procedure to reduce fraudulent or unauthorized credit card use.
• The code verifies that the physical card is in the cardholder’s possession.
• For DISCOVER®, MASTERCARD®, and VISA®, it’s a 3-digit code on the back of the card.
• For AMERICAN EXPRESS®, it’s a 4-digit code on the front of the card.
• If you can’t read the security code, contact your card issuer.

This requirement enhances security for online transactions but doesn’t apply to paper submissions using Form PTO-2038.

To learn more:

• credit card security code
• USPTO online payments
• CVV
• CVC2
• CID

The Credit Card Payment Form (PTO-2038) is a specific form provided by the USPTO for making credit card payments for patent and trademark process fees. According to MPEP 509:

Credit Card Payment Form (PTO-2038) should be used when paying a patent process or trademark process fee (or the fee for an information product) by credit card, unless the payment is being made using the USPTO patent electronic filing system.

Key points about the form:

• It can be downloaded from the USPTO website at www.uspto.gov/PatentForms.
• It’s not required (and should not be used) when making credit card payments via EFS-Web or other electronic filing systems.
• Using this form helps keep credit card information confidential, as the USPTO does not include it among records open to public inspection.

Failure to use this form when submitting a paper credit card payment may result in the credit card information becoming part of the public record.

To learn more:

• Credit Card Payment Form
• PTO-2038
• USPTO payments
• patent fees
• trademark fees

What is a USPTO deposit account and how does it work?

A USPTO deposit account is a pre-established account that allows for convenient payment of fees to the United States Patent and Trademark Office. According to MPEP 509:

“A deposit account is a convenient method for individuals or firms to establish a pre-paid account with the USPTO to facilitate the payment of fees.”

Here’s how USPTO deposit accounts work:

• You deposit funds into the account in advance
• Fees can be automatically deducted from the account when filing applications or paying other fees
• Minimum balance requirements apply (currently $1,000 for individuals, $5,000 for law firms)
• Account holders receive monthly statements
• Useful for frequent filers or those managing multiple applications

To open a deposit account, you need to complete Form PTO-2232 and submit it to the USPTO with an initial deposit. This method can streamline fee payments and reduce the risk of insufficient fee issues.

To learn more:

• USPTO deposit account
• pre-paid account
• patent fees
• fee payment

To learn more:

• pre-funded account

What happens if there are insufficient funds when paying USPTO fees?

If there are insufficient funds when paying USPTO fees, several consequences may occur:

• The fee payment will be considered incomplete.
• Your application or request may not be processed.
• You may incur additional fees or penalties.
• In some cases, you might lose filing date benefits.

The MPEP 509 warns, “If the Office receives a check drawn on a deposit account with insufficient funds, the fee will be considered unpaid.” For electronic payments, “If the electronic fund transfer is refused, or if the credit card is declined or invalid, the fee will be considered unpaid.” It’s crucial to ensure sufficient funds are available to avoid these issues and potential delays in your patent or trademark process.

To learn more:

• USPTO fees
• insufficient funds
• payment issues
• fee consequences

If an applicant pays an insufficient fee to the USPTO, the Office will notify the applicant and provide an opportunity to submit the remaining balance. According to MPEP 509:

If the fee paid by the applicant is insufficient, either because the notice specified an incorrect dollar amount for the fee or because of a fee increase effective after the mailing of the notice and before payment of the fee by the applicant, the applicant should be notified in writing by the Office of the fee insufficiency and given a new time period in which to submit the remaining balance.

The notification will include:

• The reason for the additional fee requirement
• An explanation of why the original fee was incorrect or insufficient
• A new time period for submitting the remaining balance

This process helps ensure that applicants have a fair opportunity to complete their fee payments and avoid abandonment of their applications due to fee issues.

To learn more:

• insufficient fees
• USPTO payments
• fee notifications
• patent application fees

What happens if I overpay a patent fee to the USPTO?

If you overpay a patent fee to the USPTO, you may be eligible for a refund. The MPEP 509 states: ‘In the event that an amount is paid by mistake or in excess of that required, a refund may be made only if a petition for refund is filed within 2 years after the date the fee was paid.’

To request a refund:

1. File a petition for refund within 2 years of the payment date
2. Clearly explain the reason for the overpayment
3. Provide evidence of the overpayment

It’s important to note that not all overpayments are automatically refunded, so proactive action is necessary to recover excess fees.

To learn more:

• overpayment
• refund
• patent fees
• USPTO
• petition for refund

If you lose entitlement to micro entity status, you must:

1. File a notification of loss of entitlement to micro entity status in the application or patent
2. Pay the required fee in the small entity or undiscounted amount, as appropriate

The notification must be filed prior to or at the time of paying the earliest fee after the date on which status as a micro entity is no longer appropriate. As stated in 37 CFR 1.29(i): ‘Payment of a fee in other than the micro entity amount is not sufficient notification that micro entity status is no longer appropriate.’

Micro entities receive a 75% reduction on many USPTO fees, including:

• Filing fees (nonprovisional and provisional)
• Search fees
• Examination fees
• Issue fees
• Appeal fees
• Maintenance fees
• Patent Trial and Appeal Board fees

The micro entity discount applies to most fees ‘for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents.’

Improperly claiming micro entity status can have serious consequences:

• It may be considered fraud on the USPTO if done knowingly
• It can result in the patent being held unenforceable
• Improperly paid fees will need to be corrected, which may include late fees

MPEP 509.04 warns: ‘Any attempt to fraudulently establish status as a micro entity, or pay fees as a micro entity, shall be considered as a fraud practiced or attempted on the Office. Improperly, and with intent to deceive, establishing status as a micro entity, or paying fees as a micro entity, shall be considered as a fraud practiced or attempted on the Office.’

To qualify for micro entity status, an applicant must meet the following requirements:

• Qualify as a small entity
• Not be named as an inventor on more than 4 previously filed patent applications
• Not have a gross income exceeding 3 times the median household income in the previous calendar year
• Not have assigned, licensed, or be obligated to assign or license rights to an entity that exceeds the gross income limit

Alternatively, an applicant can qualify if they are employed by or have assigned rights to an institution of higher education.

What are the consequences of submitting insufficient fees for a patent application?

Submitting insufficient fees for a patent application can have significant consequences. According to MPEP 509:

“An application filed with insufficient basic filing fee, search fee, examination fee, or oath or declaration will be treated as an incomplete application under 37 CFR 1.53(f) and will not be given a filing date until the filing fee is received.”

This means:

• Your application won’t receive a filing date until the correct fees are paid
• This delay could affect your priority date
• If not corrected promptly, the application may be considered abandoned

It’s crucial to ensure all required fees are paid in full when submitting a patent application to avoid these issues.

To learn more:

• patent fees
• insufficient fees
• filing date
• incomplete application

What are the consequences of bounced checks or insufficient funds for USPTO fee payments?

Submitting a check that bounces or having insufficient funds for USPTO fee payments can have serious consequences. The MPEP 509 states: ‘If any fee is paid by a check which is uncollectible or is returned unpaid, or if any payment is made in an amount less than the required amount, the fee payment shall be regarded as incomplete and the processing of the application or other filing shall be held in abeyance until the full fee payment is made.’

Consequences may include:

• Suspension of application processing
• Potential loss of filing date
• Additional fees or penalties
• Possible disciplinary action for repeated occurrences

To avoid these issues, ensure sufficient funds are available and consider using more reliable payment methods like electronic funds transfer or credit cards.

To learn more:

• bounced checks
• insufficient funds
• USPTO fees
• payment consequences

What are the accepted payment methods for patent fees?

The USPTO accepts various payment methods for patent fees:

• Credit or debit card
• Electronic funds transfer (EFT)
• Deposit account
• Check or money order

As stated in MPEP 509: ‘Fees may be paid by U.S. credit card, electronic funds transfer (EFT), deposit account, check or money order.’ Electronic payment methods are preferred for their efficiency and speed.

To learn more:

• patent fees
• payment methods
• USPTO
• credit card
• electronic funds transfer
• deposit account

The USPTO accepts various methods of payment for patent and trademark process fees. According to MPEP 509, the primary methods include:

• Credit cards (AMERICAN EXPRESS®, DISCOVER®, MASTER CARD®, and VISA®)
• Deposit accounts
• Electronic funds transfer (EFT)
• Other forms of payment accepted by the Office

It’s important to note that credit card payments are subject to a transaction maximum. As stated in the MPEP: Effective June 1, 2015, the credit card transaction maximum is $24,999.99 as specified in section 7045 of the ‘Treasury Financial Manual.’ This limit does not apply to other payment methods.

To learn more:

• USPTO fees
• payment methods
• credit card payments
• transaction limits

The USPTO requires clear itemization of fees to ensure proper accounting. According to MPEP 509:

37 CFR 1.22(b) sets forth that fees must be itemized in such a manner that it is clear for which purpose fees are paid. The Office may return fees that are not itemized.

However, the MPEP clarifies that the itemization requirement is not meant to create problems when the purpose is clear:

• A reference to ‘filing fee(s)’ is sufficient to cover all types of filing fees.
• In later submissions, ‘filing fee(s)’ would also cover surcharges.
• A reference to ‘any corresponding fee under 37 CFR 1.16’ covers any fee under that section.

The key is to provide enough information for the USPTO to understand the purpose of the payment.

To learn more:

• fee itemization
• USPTO payments
• patent fees
• trademark fees

Micro entity status, once properly established, generally remains in effect until:

• A fee is paid in the small entity or undiscounted amount
• A notification of loss of entitlement to micro entity status is filed
• The issue fee or a maintenance fee is due

However, the applicant has a continued obligation to verify eligibility for micro entity status each time a fee is paid. As stated in 37 CFR 1.29(g): ‘a fee may be paid in the micro entity amount only if status as a micro entity as defined in paragraph (a) or (d) of this section is appropriate on the date the fee is being paid.’

For micro entity status, gross income is determined as follows:

• Based on the calendar year preceding the year a fee is paid
• Uses the definition of gross income in section 61(a) of the Internal Revenue Code
• Compared to three times the median household income as reported by the Bureau of the Census
• For non-US income, converted using the average currency exchange rate for the relevant calendar year

The USPTO website provides the current maximum qualifying gross income limit.

The USPTO has specific procedures for handling refunds of fees paid by credit card. According to MPEP 509:

35 U.S.C. 42(d) and 37 CFR 1.26 (which concern refund of patent and trademark fees) also apply to requests for refund of fees paid by credit card. Any refund of a fee paid by credit card will be by a credit to the credit card account to which the fee was charged. See 37 CFR 1.26(a).

Key points about USPTO refunds for credit card payments:

• Refunds are processed as credits to the original credit card account used for payment.
• The same laws and regulations governing refunds of patent and trademark fees apply to credit card payments.
• For information on which fees are refundable, refer to MPEP § 607.02 regarding returnability of fees.

It’s important to note that refund requests are subject to specific criteria and time limitations, so applicants should review the relevant regulations when seeking a refund.

To learn more:

• USPTO refunds
• credit card payments
• fee refunds
• patent fees
• trademark fees

The application filing limit for micro entity status works as follows:

• An applicant must not have been named as an inventor on more than 4 previously filed patent applications
• This limit excludes provisional applications, foreign applications, and PCT applications where the basic national fee was not paid
• Applications filed as a result of previous employment where rights were assigned don’t count towards the limit

MPEP 509.04(a) clarifies: ‘It does not matter how long ago the previous applications were filed or whether the previously filed applications are pending, patented, or abandoned; they are still included when counting to determine whether the application filing limit has been reached.’

How do I set up a deposit account with the USPTO?

To set up a deposit account with the USPTO:

1. Visit the USPTO Deposit Accounts page
2. Download and complete the Deposit Account Application Form
3. Submit the form with an initial deposit (minimum $1,000)
4. Wait for account approval and receive your account number

According to MPEP 509: ‘A deposit account may be established by submitting a completed Deposit Account Application Form with an initial deposit of at least $1,000.’ This account can be used for future fee payments, offering convenience for frequent USPTO transactions.

To learn more:

• deposit account
• USPTO
• patent fees
• application form

To certify micro entity status, you must file a certification form with the USPTO. The USPTO provides two forms:

• Form PTO/SB/15A for certifying under the gross income basis
• Form PTO/SB/15B for certifying under the institution of higher education basis

The certification must be signed by an authorized party as defined in 37 CFR 1.33(b). It should be filed prior to or at the time of paying the first fee as a micro entity.

How can I pay patent fees to the USPTO?

The USPTO offers several methods for paying patent fees. According to MPEP 509:

“Fees can be paid: (A) by credit card, (B) by electronic funds transfer (EFT), (C) by check, (D) by money order, (E) by deposit account, or (F) in cash (for hand-carried applications only).”

Here’s a breakdown of these payment methods:

• Credit Card: Accepted online or by mail/fax using Form PTO-2038
• Electronic Funds Transfer (EFT): Available through the USPTO’s Electronic Filing System (EFS-Web)
• Check or Money Order: Made payable to the Director of the USPTO
• Deposit Account: A pre-established account with the USPTO
• Cash: Only for in-person payments at the USPTO office

For most applicants, online payment methods (credit card or EFT) are the most convenient and efficient options.

To learn more:

• patent fees
• USPTO payment methods
• credit card
• electronic funds transfer
• deposit account

How can I pay fees to the USPTO electronically?

The USPTO offers several electronic payment options for paying fees:

• Credit or Debit Card: You can pay using major credit or debit cards through the USPTO’s secure online system.
• Electronic Funds Transfer (EFT): This allows for direct transfer from your bank account to the USPTO.
• USPTO Deposit Account: Maintain a pre-funded account with the USPTO for easy fee payments.

According to MPEP 509, “The Office accepts the following forms of payment: […] by credit card, by electronic funds transfer (EFT), or by a USPTO deposit account.” Electronic payments are convenient and often processed more quickly than other methods.

To learn more:

• USPTO fees
• electronic payment
• credit card
• EFT
• deposit account

Can I pay patent fees in foreign currency?

No, the USPTO does not accept foreign currency for patent fee payments. According to MPEP 509: ‘All payments of money required for USPTO fees or services must be made in U.S. dollars and in the form of a cashier’s or certified check, Treasury note, national bank notes, or United States Postal Service money order.’

If you’re an international applicant, you’ll need to arrange for payment in U.S. dollars. Options include:

• Using an international credit card that can process payments in USD
• Establishing a U.S. bank account
• Using a registered U.S. attorney who can make payments on your behalf

It’s advisable to plan ahead for currency conversion to ensure timely payment of USPTO fees.

To learn more:

• foreign currency
• USPTO fees
• international applicants
• U.S. dollars

To learn more:

• U.S. dollars

Yes, foreign applicants can qualify for micro entity status if they meet all the requirements. The USPTO states in MPEP 509.04(a):

Small entities may claim reduced fees regardless of the country in which they are located. There is no restriction requiring that the person, small business concern, or nonprofit organization be located in the United States.

For applicants with income in foreign currency, 37 CFR 1.29(c) specifies: ‘If an applicant’s, inventor’s, joint inventor’s, or entity’s gross income in the preceding calendar year is not in United States dollars, the average currency exchange rate, as reported by the Internal Revenue Service, during that calendar year shall be used to determine whether the applicant’s, inventor’s, joint inventor’s, or entity’s gross income exceeds the threshold specified in paragraph (a)(3) or (4) of this section.’

Are there any restrictions on paying USPTO fees by credit card?

Yes, there are some restrictions when paying USPTO fees by credit card:

• There’s a daily limit on credit card transactions.
• Some types of fees may not be eligible for credit card payment.
• Only certain credit cards are accepted.

The MPEP 509 states, “The Office will not accept a general authorization to charge all fees, or all fees in a specific case, to a credit card.” Additionally, “Credit Card Payment Form PTO-2038 should be used when paying a patent or trademark fee (or related service fee) by credit card, unless the payment is being made via EFS-Web.” It’s important to check the current USPTO guidelines for any updates to credit card payment policies.

To learn more:

• USPTO fees
• credit card payment
• payment restrictions

Are there any fee reductions or waivers available for USPTO patent fees?

Yes, the USPTO offers fee reductions for certain applicants. According to MPEP 509, “Certain fees may be reduced if the applicant qualifies as a small entity or micro entity.” Here’s a brief overview:

• Small Entity: Individuals, small businesses, and nonprofit organizations may qualify for a 50% fee reduction.
• Micro Entity: Certain applicants may qualify for a 75% fee reduction if they meet specific income and filing requirements.

To determine if you qualify and for detailed information on how to claim these statuses, refer to MPEP 509.02 for Small Entity Status and MPEP 509.04 for Micro Entity Status. Always ensure you meet all requirements before claiming a reduced fee status.

To learn more:

• fee reduction
• small entity
• micro entity
• patent fees

The institution of higher education basis allows applicants to qualify for micro entity status if:

1. The applicant’s employer, from which the applicant obtains the majority of their income, is an institution of higher education as defined in the Higher Education Act of 1965, or
2. The applicant has assigned, granted, conveyed, or is obligated to assign, grant or convey, a license or ownership interest in the application to such an institution of higher education.

The applicant must also qualify as a small entity. This basis is implemented in 37 CFR 1.29(d).

The USPTO requires a security code for credit card payments made through its website. According to MPEP 509:

Credit card payment submissions made on the USPTO website at www.uspto.gov must include the 3-digit or 4-digit security code associated with the credit card in addition to the credit card number. The security code will not be required when the paper Credit Card Payment Form (PTO-2038) or other written authorization is submitted.

Key points about the security code requirement:

• It’s part of an authentication procedure to reduce fraudulent or unauthorized credit card use.
• The code verifies that the physical card is in the cardholder’s possession.
• For DISCOVER®, MASTERCARD®, and VISA®, it’s a 3-digit code on the back of the card.
• For AMERICAN EXPRESS®, it’s a 4-digit code on the front of the card.
• If you can’t read the security code, contact your card issuer.

This requirement enhances security for online transactions but doesn’t apply to paper submissions using Form PTO-2038.

To learn more:

• credit card security code
• USPTO online payments
• CVV
• CVC2
• CID

The Credit Card Payment Form (PTO-2038) is a specific form provided by the USPTO for making credit card payments for patent and trademark process fees. According to MPEP 509:

Credit Card Payment Form (PTO-2038) should be used when paying a patent process or trademark process fee (or the fee for an information product) by credit card, unless the payment is being made using the USPTO patent electronic filing system.

Key points about the form:

• It can be downloaded from the USPTO website at www.uspto.gov/PatentForms.
• It’s not required (and should not be used) when making credit card payments via EFS-Web or other electronic filing systems.
• Using this form helps keep credit card information confidential, as the USPTO does not include it among records open to public inspection.

Failure to use this form when submitting a paper credit card payment may result in the credit card information becoming part of the public record.

To learn more:

• Credit Card Payment Form
• PTO-2038
• USPTO payments
• patent fees
• trademark fees

What is a USPTO deposit account and how does it work?

A USPTO deposit account is a pre-established account that allows for convenient payment of fees to the United States Patent and Trademark Office. According to MPEP 509:

“A deposit account is a convenient method for individuals or firms to establish a pre-paid account with the USPTO to facilitate the payment of fees.”

Here’s how USPTO deposit accounts work:

• You deposit funds into the account in advance
• Fees can be automatically deducted from the account when filing applications or paying other fees
• Minimum balance requirements apply (currently $1,000 for individuals, $5,000 for law firms)
• Account holders receive monthly statements
• Useful for frequent filers or those managing multiple applications

To open a deposit account, you need to complete Form PTO-2232 and submit it to the USPTO with an initial deposit. This method can streamline fee payments and reduce the risk of insufficient fee issues.

To learn more:

• USPTO deposit account
• pre-paid account
• patent fees
• fee payment

To learn more:

• pre-funded account

What happens if there are insufficient funds when paying USPTO fees?

If there are insufficient funds when paying USPTO fees, several consequences may occur:

• The fee payment will be considered incomplete.
• Your application or request may not be processed.
• You may incur additional fees or penalties.
• In some cases, you might lose filing date benefits.

The MPEP 509 warns, “If the Office receives a check drawn on a deposit account with insufficient funds, the fee will be considered unpaid.” For electronic payments, “If the electronic fund transfer is refused, or if the credit card is declined or invalid, the fee will be considered unpaid.” It’s crucial to ensure sufficient funds are available to avoid these issues and potential delays in your patent or trademark process.

To learn more:

• USPTO fees
• insufficient funds
• payment issues
• fee consequences

If an applicant pays an insufficient fee to the USPTO, the Office will notify the applicant and provide an opportunity to submit the remaining balance. According to MPEP 509:

If the fee paid by the applicant is insufficient, either because the notice specified an incorrect dollar amount for the fee or because of a fee increase effective after the mailing of the notice and before payment of the fee by the applicant, the applicant should be notified in writing by the Office of the fee insufficiency and given a new time period in which to submit the remaining balance.

The notification will include:

• The reason for the additional fee requirement
• An explanation of why the original fee was incorrect or insufficient
• A new time period for submitting the remaining balance

This process helps ensure that applicants have a fair opportunity to complete their fee payments and avoid abandonment of their applications due to fee issues.

To learn more:

• insufficient fees
• USPTO payments
• fee notifications
• patent application fees

What happens if I overpay a patent fee to the USPTO?

If you overpay a patent fee to the USPTO, you may be eligible for a refund. The MPEP 509 states: ‘In the event that an amount is paid by mistake or in excess of that required, a refund may be made only if a petition for refund is filed within 2 years after the date the fee was paid.’

To request a refund:

1. File a petition for refund within 2 years of the payment date
2. Clearly explain the reason for the overpayment
3. Provide evidence of the overpayment

It’s important to note that not all overpayments are automatically refunded, so proactive action is necessary to recover excess fees.

To learn more:

• overpayment
• refund
• patent fees
• USPTO
• petition for refund

If you lose entitlement to micro entity status, you must:

1. File a notification of loss of entitlement to micro entity status in the application or patent
2. Pay the required fee in the small entity or undiscounted amount, as appropriate

The notification must be filed prior to or at the time of paying the earliest fee after the date on which status as a micro entity is no longer appropriate. As stated in 37 CFR 1.29(i): ‘Payment of a fee in other than the micro entity amount is not sufficient notification that micro entity status is no longer appropriate.’

Micro entities receive a 75% reduction on many USPTO fees, including:

• Filing fees (nonprovisional and provisional)
• Search fees
• Examination fees
• Issue fees
• Appeal fees
• Maintenance fees
• Patent Trial and Appeal Board fees

The micro entity discount applies to most fees ‘for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents.’

Improperly claiming micro entity status can have serious consequences:

• It may be considered fraud on the USPTO if done knowingly
• It can result in the patent being held unenforceable
• Improperly paid fees will need to be corrected, which may include late fees

MPEP 509.04 warns: ‘Any attempt to fraudulently establish status as a micro entity, or pay fees as a micro entity, shall be considered as a fraud practiced or attempted on the Office. Improperly, and with intent to deceive, establishing status as a micro entity, or paying fees as a micro entity, shall be considered as a fraud practiced or attempted on the Office.’

To qualify for micro entity status, an applicant must meet the following requirements:

• Qualify as a small entity
• Not be named as an inventor on more than 4 previously filed patent applications
• Not have a gross income exceeding 3 times the median household income in the previous calendar year
• Not have assigned, licensed, or be obligated to assign or license rights to an entity that exceeds the gross income limit

Alternatively, an applicant can qualify if they are employed by or have assigned rights to an institution of higher education.

What are the consequences of submitting insufficient fees for a patent application?

Submitting insufficient fees for a patent application can have significant consequences. According to MPEP 509:

“An application filed with insufficient basic filing fee, search fee, examination fee, or oath or declaration will be treated as an incomplete application under 37 CFR 1.53(f) and will not be given a filing date until the filing fee is received.”

This means:

• Your application won’t receive a filing date until the correct fees are paid
• This delay could affect your priority date
• If not corrected promptly, the application may be considered abandoned

It’s crucial to ensure all required fees are paid in full when submitting a patent application to avoid these issues.

To learn more:

• patent fees
• insufficient fees
• filing date
• incomplete application

What are the consequences of bounced checks or insufficient funds for USPTO fee payments?

Submitting a check that bounces or having insufficient funds for USPTO fee payments can have serious consequences. The MPEP 509 states: ‘If any fee is paid by a check which is uncollectible or is returned unpaid, or if any payment is made in an amount less than the required amount, the fee payment shall be regarded as incomplete and the processing of the application or other filing shall be held in abeyance until the full fee payment is made.’

Consequences may include:

• Suspension of application processing
• Potential loss of filing date
• Additional fees or penalties
• Possible disciplinary action for repeated occurrences

To avoid these issues, ensure sufficient funds are available and consider using more reliable payment methods like electronic funds transfer or credit cards.

To learn more:

• bounced checks
• insufficient funds
• USPTO fees
• payment consequences

What are the accepted payment methods for patent fees?

The USPTO accepts various payment methods for patent fees:

• Credit or debit card
• Electronic funds transfer (EFT)
• Deposit account
• Check or money order

As stated in MPEP 509: ‘Fees may be paid by U.S. credit card, electronic funds transfer (EFT), deposit account, check or money order.’ Electronic payment methods are preferred for their efficiency and speed.

To learn more:

• patent fees
• payment methods
• USPTO
• credit card
• electronic funds transfer
• deposit account

The USPTO accepts various methods of payment for patent and trademark process fees. According to MPEP 509, the primary methods include:

• Credit cards (AMERICAN EXPRESS®, DISCOVER®, MASTER CARD®, and VISA®)
• Deposit accounts
• Electronic funds transfer (EFT)
• Other forms of payment accepted by the Office

It’s important to note that credit card payments are subject to a transaction maximum. As stated in the MPEP: Effective June 1, 2015, the credit card transaction maximum is $24,999.99 as specified in section 7045 of the ‘Treasury Financial Manual.’ This limit does not apply to other payment methods.

To learn more:

• USPTO fees
• payment methods
• credit card payments
• transaction limits

The USPTO requires clear itemization of fees to ensure proper accounting. According to MPEP 509:

37 CFR 1.22(b) sets forth that fees must be itemized in such a manner that it is clear for which purpose fees are paid. The Office may return fees that are not itemized.

However, the MPEP clarifies that the itemization requirement is not meant to create problems when the purpose is clear:

• A reference to ‘filing fee(s)’ is sufficient to cover all types of filing fees.
• In later submissions, ‘filing fee(s)’ would also cover surcharges.
• A reference to ‘any corresponding fee under 37 CFR 1.16’ covers any fee under that section.

The key is to provide enough information for the USPTO to understand the purpose of the payment.

To learn more:

• fee itemization
• USPTO payments
• patent fees
• trademark fees

Micro entity status, once properly established, generally remains in effect until:

• A fee is paid in the small entity or undiscounted amount
• A notification of loss of entitlement to micro entity status is filed
• The issue fee or a maintenance fee is due

However, the applicant has a continued obligation to verify eligibility for micro entity status each time a fee is paid. As stated in 37 CFR 1.29(g): ‘a fee may be paid in the micro entity amount only if status as a micro entity as defined in paragraph (a) or (d) of this section is appropriate on the date the fee is being paid.’

For micro entity status, gross income is determined as follows:

• Based on the calendar year preceding the year a fee is paid
• Uses the definition of gross income in section 61(a) of the Internal Revenue Code
• Compared to three times the median household income as reported by the Bureau of the Census
• For non-US income, converted using the average currency exchange rate for the relevant calendar year

The USPTO website provides the current maximum qualifying gross income limit.

The USPTO has specific procedures for handling refunds of fees paid by credit card. According to MPEP 509:

35 U.S.C. 42(d) and 37 CFR 1.26 (which concern refund of patent and trademark fees) also apply to requests for refund of fees paid by credit card. Any refund of a fee paid by credit card will be by a credit to the credit card account to which the fee was charged. See 37 CFR 1.26(a).

Key points about USPTO refunds for credit card payments:

• Refunds are processed as credits to the original credit card account used for payment.
• The same laws and regulations governing refunds of patent and trademark fees apply to credit card payments.
• For information on which fees are refundable, refer to MPEP § 607.02 regarding returnability of fees.

It’s important to note that refund requests are subject to specific criteria and time limitations, so applicants should review the relevant regulations when seeking a refund.

To learn more:

• USPTO refunds
• credit card payments
• fee refunds
• patent fees
• trademark fees

The application filing limit for micro entity status works as follows:

• An applicant must not have been named as an inventor on more than 4 previously filed patent applications
• This limit excludes provisional applications, foreign applications, and PCT applications where the basic national fee was not paid
• Applications filed as a result of previous employment where rights were assigned don’t count towards the limit

MPEP 509.04(a) clarifies: ‘It does not matter how long ago the previous applications were filed or whether the previously filed applications are pending, patented, or abandoned; they are still included when counting to determine whether the application filing limit has been reached.’

How do I set up a deposit account with the USPTO?

To set up a deposit account with the USPTO:

1. Visit the USPTO Deposit Accounts page
2. Download and complete the Deposit Account Application Form
3. Submit the form with an initial deposit (minimum $1,000)
4. Wait for account approval and receive your account number

According to MPEP 509: ‘A deposit account may be established by submitting a completed Deposit Account Application Form with an initial deposit of at least $1,000.’ This account can be used for future fee payments, offering convenience for frequent USPTO transactions.

To learn more:

• deposit account
• USPTO
• patent fees
• application form

To certify micro entity status, you must file a certification form with the USPTO. The USPTO provides two forms:

• Form PTO/SB/15A for certifying under the gross income basis
• Form PTO/SB/15B for certifying under the institution of higher education basis

The certification must be signed by an authorized party as defined in 37 CFR 1.33(b). It should be filed prior to or at the time of paying the first fee as a micro entity.

How can I pay patent fees to the USPTO?

The USPTO offers several methods for paying patent fees. According to MPEP 509:

“Fees can be paid: (A) by credit card, (B) by electronic funds transfer (EFT), (C) by check, (D) by money order, (E) by deposit account, or (F) in cash (for hand-carried applications only).”

Here’s a breakdown of these payment methods:

• Credit Card: Accepted online or by mail/fax using Form PTO-2038
• Electronic Funds Transfer (EFT): Available through the USPTO’s Electronic Filing System (EFS-Web)
• Check or Money Order: Made payable to the Director of the USPTO
• Deposit Account: A pre-established account with the USPTO
• Cash: Only for in-person payments at the USPTO office

For most applicants, online payment methods (credit card or EFT) are the most convenient and efficient options.

To learn more:

• patent fees
• USPTO payment methods
• credit card
• electronic funds transfer
• deposit account

How can I pay fees to the USPTO electronically?

The USPTO offers several electronic payment options for paying fees:

• Credit or Debit Card: You can pay using major credit or debit cards through the USPTO’s secure online system.
• Electronic Funds Transfer (EFT): This allows for direct transfer from your bank account to the USPTO.
• USPTO Deposit Account: Maintain a pre-funded account with the USPTO for easy fee payments.

According to MPEP 509, “The Office accepts the following forms of payment: […] by credit card, by electronic funds transfer (EFT), or by a USPTO deposit account.” Electronic payments are convenient and often processed more quickly than other methods.

To learn more:

• USPTO fees
• electronic payment
• credit card
• EFT
• deposit account

Can I pay patent fees in foreign currency?

No, the USPTO does not accept foreign currency for patent fee payments. According to MPEP 509: ‘All payments of money required for USPTO fees or services must be made in U.S. dollars and in the form of a cashier’s or certified check, Treasury note, national bank notes, or United States Postal Service money order.’

If you’re an international applicant, you’ll need to arrange for payment in U.S. dollars. Options include:

• Using an international credit card that can process payments in USD
• Establishing a U.S. bank account
• Using a registered U.S. attorney who can make payments on your behalf

It’s advisable to plan ahead for currency conversion to ensure timely payment of USPTO fees.

To learn more:

• foreign currency
• USPTO fees
• international applicants
• U.S. dollars

To learn more:

• U.S. dollars

Yes, foreign applicants can qualify for micro entity status if they meet all the requirements. The USPTO states in MPEP 509.04(a):

Small entities may claim reduced fees regardless of the country in which they are located. There is no restriction requiring that the person, small business concern, or nonprofit organization be located in the United States.

For applicants with income in foreign currency, 37 CFR 1.29(c) specifies: ‘If an applicant’s, inventor’s, joint inventor’s, or entity’s gross income in the preceding calendar year is not in United States dollars, the average currency exchange rate, as reported by the Internal Revenue Service, during that calendar year shall be used to determine whether the applicant’s, inventor’s, joint inventor’s, or entity’s gross income exceeds the threshold specified in paragraph (a)(3) or (4) of this section.’

Are there any restrictions on paying USPTO fees by credit card?

Yes, there are some restrictions when paying USPTO fees by credit card:

• There’s a daily limit on credit card transactions.
• Some types of fees may not be eligible for credit card payment.
• Only certain credit cards are accepted.

The MPEP 509 states, “The Office will not accept a general authorization to charge all fees, or all fees in a specific case, to a credit card.” Additionally, “Credit Card Payment Form PTO-2038 should be used when paying a patent or trademark fee (or related service fee) by credit card, unless the payment is being made via EFS-Web.” It’s important to check the current USPTO guidelines for any updates to credit card payment policies.

To learn more:

• USPTO fees
• credit card payment
• payment restrictions

Are there any fee reductions or waivers available for USPTO patent fees?

Yes, the USPTO offers fee reductions for certain applicants. According to MPEP 509, “Certain fees may be reduced if the applicant qualifies as a small entity or micro entity.” Here’s a brief overview:

• Small Entity: Individuals, small businesses, and nonprofit organizations may qualify for a 50% fee reduction.
• Micro Entity: Certain applicants may qualify for a 75% fee reduction if they meet specific income and filing requirements.

To determine if you qualify and for detailed information on how to claim these statuses, refer to MPEP 509.02 for Small Entity Status and MPEP 509.04 for Micro Entity Status. Always ensure you meet all requirements before claiming a reduced fee status.

To learn more:

• fee reduction
• small entity
• micro entity
• patent fees