Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 500 – Receipt and Handling of Mail and Papers (7)
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.
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:
Yes, you can request a refund if you establish small entity status after paying full fees, but there are strict time limits:
- You must file an assertion of small entity status and a refund request within 3 months of the date of the full fee payment
- This 3-month period cannot be extended
According to 37 CFR 1.28(a): “A refund pursuant to § 1.26, based on establishment of small entity status, of a portion of fees timely paid in full prior to establishing status as a small entity may only be obtained if an assertion under § 1.27(c) and a request for a refund of the excess amount are filed within three months of the date of the timely payment of the full fee. The three-month time period is not extendable under § 1.136.”
To learn more:
To learn more:
How do I set up a deposit account with the USPTO?
To set up a deposit account with the USPTO:
- Visit the USPTO Deposit Accounts page
- Download and complete the Deposit Account Application Form
- Submit the form with an initial deposit (minimum $1,000)
- 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:
If you fail to comply with the requirements for correcting micro entity status errors, as outlined in 37 CFR 1.29(k)(1) and (k)(2), the USPTO has two options:
- Treat it as an authorization to process the deficiency payment and charge a processing fee
- Require compliance within a non-extendable one-month period
The MPEP states: If the requirements of paragraphs (k)(1) and (2) of this section are not complied with, such failure will either be treated at the option of the Office as an authorization for the Office to process the deficiency payment and charge the processing fee set forth in § 1.17(i), or result in a requirement for compliance within a one-month time period that is not extendable under § 1.136(a) to avoid the return of the fee deficiency payment.
It’s important to carefully follow the requirements to avoid additional fees or potential loss of rights.
To learn more:
What are the income limitations for qualifying as a micro entity?
To qualify as a micro entity based on income, an applicant’s gross income in the previous calendar year must not exceed three times the median household income as reported by the Bureau of the Census. The MPEP states:
“The income limit is not described in terms of a specific dollar amount because median household income may change from year to year.” (MPEP 509.04(a))
For the most current income threshold, applicants should check the USPTO’s website or consult with a patent attorney. It’s important to note that this limit applies to each applicant, inventor, and joint inventor who is named in the application.
To learn more:
No, foreign universities do not qualify as ‘institutions of higher education’ for the purpose of establishing micro entity status. This is because the definition is limited to institutions located in U.S. states or territories.
According to MPEP 509.04(b): “As previously stated, foreign universities do not qualify as an ‘institution of higher education’ for purposes of establishing micro entity status.”
Even if a foreign university offers online programs in the U.S., it still doesn’t qualify because the institution itself must be physically located in a U.S. state or territory as defined in the Higher Education Act of 1965.
To learn more:
MPEP 509 – Payment of Fees (3)
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.
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:
How do I set up a deposit account with the USPTO?
To set up a deposit account with the USPTO:
- Visit the USPTO Deposit Accounts page
- Download and complete the Deposit Account Application Form
- Submit the form with an initial deposit (minimum $1,000)
- 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:
Patent Law (8)
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.
Excess claims fees are additional fees charged for patent applications that contain more than a certain number of claims. According to the MPEP:
- 37 CFR 1.16(h) sets the fee for each independent claim in excess of three.
- 37 CFR 1.16(i) sets the fee for each claim (independent or dependent) in excess of twenty.
The MPEP states: The excess claims fees specified in 37 CFR 1.16(h) and (i) apply to any excess claims fee paid, regardless of the filing date of the application and regardless of the date on which the claim necessitating the excess claims fee payment was added to the application.
These fees also apply to reissue applications, but the claims in the original patent are not counted when determining excess claims fees for a reissue application. For applications filed without claims, excess claims fees are due when the excess claims are presented in the application.
To learn more:
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:
Yes, you can request a refund if you establish small entity status after paying full fees, but there are strict time limits:
- You must file an assertion of small entity status and a refund request within 3 months of the date of the full fee payment
- This 3-month period cannot be extended
According to 37 CFR 1.28(a): “A refund pursuant to § 1.26, based on establishment of small entity status, of a portion of fees timely paid in full prior to establishing status as a small entity may only be obtained if an assertion under § 1.27(c) and a request for a refund of the excess amount are filed within three months of the date of the timely payment of the full fee. The three-month time period is not extendable under § 1.136.”
To learn more:
To learn more:
How do I set up a deposit account with the USPTO?
To set up a deposit account with the USPTO:
- Visit the USPTO Deposit Accounts page
- Download and complete the Deposit Account Application Form
- Submit the form with an initial deposit (minimum $1,000)
- 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:
If you fail to comply with the requirements for correcting micro entity status errors, as outlined in 37 CFR 1.29(k)(1) and (k)(2), the USPTO has two options:
- Treat it as an authorization to process the deficiency payment and charge a processing fee
- Require compliance within a non-extendable one-month period
The MPEP states: If the requirements of paragraphs (k)(1) and (2) of this section are not complied with, such failure will either be treated at the option of the Office as an authorization for the Office to process the deficiency payment and charge the processing fee set forth in § 1.17(i), or result in a requirement for compliance within a one-month time period that is not extendable under § 1.136(a) to avoid the return of the fee deficiency payment.
It’s important to carefully follow the requirements to avoid additional fees or potential loss of rights.
To learn more:
What are the income limitations for qualifying as a micro entity?
To qualify as a micro entity based on income, an applicant’s gross income in the previous calendar year must not exceed three times the median household income as reported by the Bureau of the Census. The MPEP states:
“The income limit is not described in terms of a specific dollar amount because median household income may change from year to year.” (MPEP 509.04(a))
For the most current income threshold, applicants should check the USPTO’s website or consult with a patent attorney. It’s important to note that this limit applies to each applicant, inventor, and joint inventor who is named in the application.
To learn more:
No, foreign universities do not qualify as ‘institutions of higher education’ for the purpose of establishing micro entity status. This is because the definition is limited to institutions located in U.S. states or territories.
According to MPEP 509.04(b): “As previously stated, foreign universities do not qualify as an ‘institution of higher education’ for purposes of establishing micro entity status.”
Even if a foreign university offers online programs in the U.S., it still doesn’t qualify because the institution itself must be physically located in a U.S. state or territory as defined in the Higher Education Act of 1965.
To learn more:
Patent Procedure (8)
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.
Excess claims fees are additional fees charged for patent applications that contain more than a certain number of claims. According to the MPEP:
- 37 CFR 1.16(h) sets the fee for each independent claim in excess of three.
- 37 CFR 1.16(i) sets the fee for each claim (independent or dependent) in excess of twenty.
The MPEP states: The excess claims fees specified in 37 CFR 1.16(h) and (i) apply to any excess claims fee paid, regardless of the filing date of the application and regardless of the date on which the claim necessitating the excess claims fee payment was added to the application.
These fees also apply to reissue applications, but the claims in the original patent are not counted when determining excess claims fees for a reissue application. For applications filed without claims, excess claims fees are due when the excess claims are presented in the application.
To learn more:
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:
Yes, you can request a refund if you establish small entity status after paying full fees, but there are strict time limits:
- You must file an assertion of small entity status and a refund request within 3 months of the date of the full fee payment
- This 3-month period cannot be extended
According to 37 CFR 1.28(a): “A refund pursuant to § 1.26, based on establishment of small entity status, of a portion of fees timely paid in full prior to establishing status as a small entity may only be obtained if an assertion under § 1.27(c) and a request for a refund of the excess amount are filed within three months of the date of the timely payment of the full fee. The three-month time period is not extendable under § 1.136.”
To learn more:
To learn more:
How do I set up a deposit account with the USPTO?
To set up a deposit account with the USPTO:
- Visit the USPTO Deposit Accounts page
- Download and complete the Deposit Account Application Form
- Submit the form with an initial deposit (minimum $1,000)
- 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:
If you fail to comply with the requirements for correcting micro entity status errors, as outlined in 37 CFR 1.29(k)(1) and (k)(2), the USPTO has two options:
- Treat it as an authorization to process the deficiency payment and charge a processing fee
- Require compliance within a non-extendable one-month period
The MPEP states: If the requirements of paragraphs (k)(1) and (2) of this section are not complied with, such failure will either be treated at the option of the Office as an authorization for the Office to process the deficiency payment and charge the processing fee set forth in § 1.17(i), or result in a requirement for compliance within a one-month time period that is not extendable under § 1.136(a) to avoid the return of the fee deficiency payment.
It’s important to carefully follow the requirements to avoid additional fees or potential loss of rights.
To learn more:
What are the income limitations for qualifying as a micro entity?
To qualify as a micro entity based on income, an applicant’s gross income in the previous calendar year must not exceed three times the median household income as reported by the Bureau of the Census. The MPEP states:
“The income limit is not described in terms of a specific dollar amount because median household income may change from year to year.” (MPEP 509.04(a))
For the most current income threshold, applicants should check the USPTO’s website or consult with a patent attorney. It’s important to note that this limit applies to each applicant, inventor, and joint inventor who is named in the application.
To learn more:
No, foreign universities do not qualify as ‘institutions of higher education’ for the purpose of establishing micro entity status. This is because the definition is limited to institutions located in U.S. states or territories.
According to MPEP 509.04(b): “As previously stated, foreign universities do not qualify as an ‘institution of higher education’ for purposes of establishing micro entity status.”
Even if a foreign university offers online programs in the U.S., it still doesn’t qualify because the institution itself must be physically located in a U.S. state or territory as defined in the Higher Education Act of 1965.
To learn more: