Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Patent Law (2)
The basic filing fee for a provisional application must be paid either:
- At the time of filing, or
- Within the time period set forth in 37 CFR 1.53(g)
If no correspondence address is provided, the applicant has two months from the filing date to pay the basic filing fee, submit the cover sheet, and pay the surcharge. The MPEP states:
If no correspondence address has been provided, applicant has two months from the filing date to file the basic filing fee, cover sheet, and to pay the surcharge as set forth in 37 CFR 1.16(g) in order to avoid abandonment of the provisional application.(MPEP 601.01(b))
It’s important to note that timely payment of the filing fee is crucial if you intend to claim the benefit of the provisional application in a later-filed nonprovisional application.
To learn more:
Yes, the filing fee, oath or declaration, and claims can be submitted after the initial filing of a nonprovisional application. However, there are specific rules and time limits for doing so:
- These items must be submitted within the period specified by the USPTO, usually in a Notice to File Missing Parts.
- A surcharge may be required for late submission.
- Failure to submit these items within the specified period may result in the application being abandoned.
The MPEP states: The fee, oath or declaration, and 1 or more claims may be submitted after the filing date of the application, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Director.
It’s important to note that while these items can be submitted later, it’s generally best practice to include them with the initial filing to avoid potential issues or delays.
To learn more:
Patent Procedure (2)
The basic filing fee for a provisional application must be paid either:
- At the time of filing, or
- Within the time period set forth in 37 CFR 1.53(g)
If no correspondence address is provided, the applicant has two months from the filing date to pay the basic filing fee, submit the cover sheet, and pay the surcharge. The MPEP states:
If no correspondence address has been provided, applicant has two months from the filing date to file the basic filing fee, cover sheet, and to pay the surcharge as set forth in 37 CFR 1.16(g) in order to avoid abandonment of the provisional application.(MPEP 601.01(b))
It’s important to note that timely payment of the filing fee is crucial if you intend to claim the benefit of the provisional application in a later-filed nonprovisional application.
To learn more:
Yes, the filing fee, oath or declaration, and claims can be submitted after the initial filing of a nonprovisional application. However, there are specific rules and time limits for doing so:
- These items must be submitted within the period specified by the USPTO, usually in a Notice to File Missing Parts.
- A surcharge may be required for late submission.
- Failure to submit these items within the specified period may result in the application being abandoned.
The MPEP states: The fee, oath or declaration, and 1 or more claims may be submitted after the filing date of the application, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Director.
It’s important to note that while these items can be submitted later, it’s generally best practice to include them with the initial filing to avoid potential issues or delays.
To learn more: