Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2500 – Maintenance Fees (1)
According to MPEP 2515, anyone can pay maintenance fees for a patent. Specifically, the section states:
“The patentee may pay maintenance fees and any necessary surcharges or any person or organization may pay maintenance fees and any necessary surcharges on behalf of the patentee.“
This means that the patent owner, a legal representative, or even a third party can submit the payment. No special authorization is required for someone other than the patentee to pay the fees.
To learn more:
MPEP 2515 – Information Required For Submission Of Maintenance Fee Payment (1)
According to MPEP 2515, anyone can pay maintenance fees for a patent. Specifically, the section states:
“The patentee may pay maintenance fees and any necessary surcharges or any person or organization may pay maintenance fees and any necessary surcharges on behalf of the patentee.“
This means that the patent owner, a legal representative, or even a third party can submit the payment. No special authorization is required for someone other than the patentee to pay the fees.
To learn more:
MPEP 300 – Ownership and Assignment (2)
To correct a typographical error in a recorded assignment document, you have two main options:
- Create and record a new document
- Make corrections to the original document and re-record it
According to MPEP 323.01(b):
If there is an error in the recorded assignment document (or other document affecting title) rather than in the cover sheet, the party responsible for an erroneous document (e.g., the assignor) must either create and record a new document or make corrections to the original document and re-record it.
This means that the assignor (the party transferring the rights) is typically responsible for correcting such errors.
To learn more:
If you discover that another party has improperly recorded an assignment or name change against your application or patent, you can correct this error by following the procedure outlined in MPEP 323.01(c):
- First, try to contact the party who recorded the erroneous information and request that they record corrective papers.
- If unsuccessful, submit the following to the Assignment Services Division:
- A completed cover sheet identifying the affected application or patent
- An affidavit or declaration:
- Identifying yourself as the correct owner
- Stating that the previously recorded document contained erroneous information
- Providing the reel and frame number of the incorrectly recorded document
- The required fee for each application or patent to be corrected
The MPEP advises: The affidavit or declaration should include a summary of the true chain of title to make it clear that the chain of title for the application or patent identified should not be considered altered by the incorrect assignment or name change.
On the corrected cover sheet, check the ‘Other’ box for ‘Nature of Conveyance’ and indicate that you’re correcting an error in a previously recorded document.
To learn more:
Patent Law (3)
According to MPEP 2515, anyone can pay maintenance fees for a patent. Specifically, the section states:
“The patentee may pay maintenance fees and any necessary surcharges or any person or organization may pay maintenance fees and any necessary surcharges on behalf of the patentee.“
This means that the patent owner, a legal representative, or even a third party can submit the payment. No special authorization is required for someone other than the patentee to pay the fees.
To learn more:
To correct a typographical error in a recorded assignment document, you have two main options:
- Create and record a new document
- Make corrections to the original document and re-record it
According to MPEP 323.01(b):
If there is an error in the recorded assignment document (or other document affecting title) rather than in the cover sheet, the party responsible for an erroneous document (e.g., the assignor) must either create and record a new document or make corrections to the original document and re-record it.
This means that the assignor (the party transferring the rights) is typically responsible for correcting such errors.
To learn more:
If you discover that another party has improperly recorded an assignment or name change against your application or patent, you can correct this error by following the procedure outlined in MPEP 323.01(c):
- First, try to contact the party who recorded the erroneous information and request that they record corrective papers.
- If unsuccessful, submit the following to the Assignment Services Division:
- A completed cover sheet identifying the affected application or patent
- An affidavit or declaration:
- Identifying yourself as the correct owner
- Stating that the previously recorded document contained erroneous information
- Providing the reel and frame number of the incorrectly recorded document
- The required fee for each application or patent to be corrected
The MPEP advises: The affidavit or declaration should include a summary of the true chain of title to make it clear that the chain of title for the application or patent identified should not be considered altered by the incorrect assignment or name change.
On the corrected cover sheet, check the ‘Other’ box for ‘Nature of Conveyance’ and indicate that you’re correcting an error in a previously recorded document.
To learn more:
Patent Procedure (3)
According to MPEP 2515, anyone can pay maintenance fees for a patent. Specifically, the section states:
“The patentee may pay maintenance fees and any necessary surcharges or any person or organization may pay maintenance fees and any necessary surcharges on behalf of the patentee.“
This means that the patent owner, a legal representative, or even a third party can submit the payment. No special authorization is required for someone other than the patentee to pay the fees.
To learn more:
To correct a typographical error in a recorded assignment document, you have two main options:
- Create and record a new document
- Make corrections to the original document and re-record it
According to MPEP 323.01(b):
If there is an error in the recorded assignment document (or other document affecting title) rather than in the cover sheet, the party responsible for an erroneous document (e.g., the assignor) must either create and record a new document or make corrections to the original document and re-record it.
This means that the assignor (the party transferring the rights) is typically responsible for correcting such errors.
To learn more:
If you discover that another party has improperly recorded an assignment or name change against your application or patent, you can correct this error by following the procedure outlined in MPEP 323.01(c):
- First, try to contact the party who recorded the erroneous information and request that they record corrective papers.
- If unsuccessful, submit the following to the Assignment Services Division:
- A completed cover sheet identifying the affected application or patent
- An affidavit or declaration:
- Identifying yourself as the correct owner
- Stating that the previously recorded document contained erroneous information
- Providing the reel and frame number of the incorrectly recorded document
- The required fee for each application or patent to be corrected
The MPEP advises: The affidavit or declaration should include a summary of the true chain of title to make it clear that the chain of title for the application or patent identified should not be considered altered by the incorrect assignment or name change.
On the corrected cover sheet, check the ‘Other’ box for ‘Nature of Conveyance’ and indicate that you’re correcting an error in a previously recorded document.
To learn more: