Patent Law FAQ

The USPTO accepts multiple payment methods for the electronic submission of assignment documents through the Electronic Patent Assignment System (EPAS). As stated in MPEP 302.10:

“Customers may submit assignments electronically by accessing the Office’s website and paying the required fee by credit card, electronic fund transfer (EFT) or deposit account.”

These payment options provide flexibility for users when submitting assignment documents electronically. It’s important to ensure that you have one of these payment methods available before initiating the submission process.

To learn more:

• EPAS payment methods
• USPTO fees
• electronic submission
• credit card
• electronic fund transfer
• deposit account

The fee for recording documents with the USPTO varies depending on the method of submission and the type of intellectual property involved. According to MPEP 302.06:

For patents:

• If submitted electronically: $0 (as of 2019)
• If submitted on paper or via facsimile: Fee set in 37 CFR 1.21(h)(2)

For trademarks:

• Fee set in 37 CFR 2.6(b)(6)

The MPEP advises: Customers should check the current fee schedule on the Office website before submitting documents for recordation.

To learn more:

• USPTO fees
• document recording
• patent fees
• trademark fees
• electronic submission

The fee for recording a patent assignment with the USPTO depends on the method of submission:

• For electronic submissions through the Electronic Patent Assignment System (EPAS), the fee is currently $0, as stated in 37 CFR 1.21(h)(1).
• For non-electronic submissions (e.g., mail or fax), the fee is set forth in 37 CFR 1.21(h)(2).

It’s important to note that fees may change over time. As stated in MPEP 302.06: “Customers should check the current fee schedule on the Office website before submitting documents for recordation.”

Additionally, no fee is required for recording certain government interest documents, as specified in 37 CFR 3.41(b).

The fee for recording a corrective document or substitute statement with the USPTO is the same as the fee for recording the original assignment document. MPEP 323 states:

“The fee for recording a corrective document or substitute statement is the same as the fee for recording the original assignment document.”

As of 2023, the fee for recording an assignment electronically is $25 per property. However, fees are subject to change, so it’s advisable to check the current USPTO Fee Schedule for the most up-to-date information.

For more information on assignment correction, visit: assignment correction.

For more information on USPTO fees, visit: USPTO fees.

As of the 2019 update to MPEP 302.06, the fee for electronically submitting a patent document for recordation is $0. The MPEP states:

If the request to record a document is submitted electronically, the fee is set forth in 37 CFR 1.21(h)(1), currently at $0.

This $0 fee for electronic submissions is a significant cost-saving measure for patent applicants and owners. However, it’s important to note that fees can change, and the MPEP advises:

Customers should check the current fee schedule on the Office website before submitting documents for recordation.

Always verify the current fees on the USPTO fee schedule before submitting any documents.

To learn more:

• USPTO fees
• electronic submission
• patent recording
• free recording

To correct a typographical error on a patent assignment cover sheet, you must pay the required fee for each application or patent that needs correction. According to MPEP 323.01(a):

“The party requesting correction should submit… (C) the required fee for each application or patent to be corrected (37 CFR 3.41).”

The specific fee amount is set by 37 CFR 3.41 and may change periodically. It’s important to check the current USPTO Fee Schedule for the most up-to-date fee information. The fee is required per application or patent, so if multiple documents need correction, multiple fees may apply.

To learn more:

• patent assignment
• cover sheet correction
• typographical errors
• USPTO fees

When correcting a typographical error in a recorded assignment document, fees are required. The MPEP 323.01(b) states:

The affidavit or declaration must be accompanied by a copy of the originally recorded papers, a cover sheet, and the required fee for each application or patent to be corrected (37 CFR 3.41).

The specific fee amount is set by 37 CFR 3.41. It’s important to note that:

• A separate fee is required for each application or patent affected by the correction.
• The fee amount may change, so it’s best to check the current USPTO fee schedule for the most up-to-date information.

To learn more:

• Assignment
• Typographical Errors
• Document Correction
• USPTO Fees

Recording a patent assignment at the USPTO involves paying an appropriate recording fee. MPEP 315 references the fee requirements:

The appropriate recording fee (see 37 CFR 1.21(h) and 3.41).

The specific fee amount can be found in the USPTO’s current fee schedule. It’s important to note that:

• Fees may vary depending on whether the submission is electronic or paper-based
• There may be additional fees for expedited processing
• Fees are subject to change, so always check the current fee schedule before submitting

For the most up-to-date information on fees, visit the USPTO’s official fee schedule page.

The fees for recording assignment documents are set forth in 37 CFR 3.41. According to the MPEP:

• For electronic submissions: The fee is currently $0 (as per 37 CFR 1.21(h)(1))
• For paper or facsimile submissions: The fee is set in 37 CFR 1.21(h)(2)

The MPEP advises: Customers should check the current fee schedule on the Office website before submitting documents for recordation.

It’s important to note that a fee is required for each application, patent, and registration against which the document is recorded, as identified in the cover sheet. However, there are exceptions:

• No fee is required for documents required by Executive Order 9424 if the document does not affect title and is identified as such in the cover sheet
• The document must be either faxed, electronically submitted, or mailed in compliance with 37 CFR 3.27

For more information on recordation fees, visit: recordation fees.

For more information on USPTO fees, visit: USPTO fees.

The fees for recording a patent assignment depend on the submission method:

• Electronic submission via EPAS (Electronic Patent Assignment System): $0
• Paper or facsimile submission: See current fee schedule

As stated in MPEP 302.06: “If the request to record a document is submitted electronically, the fee is set forth in 37 CFR 1.21(h)(1), currently at $0. If the request to record a document is not submitted electronically (i.e., is submitted on paper or via facsimile), the applicable fee is set forth in 37 CFR 1.21(h)(2).”

It’s important to note that fees are subject to change. Always check the current USPTO fee schedule before submitting documents for recordation.

For more information on patent assignment fees, visit: patent assignment fees.

For more information on USPTO fees, visit: USPTO fees.

The recording fee for multiple patents or applications is calculated on a per-item basis. According to MPEP 302.06:

The recording fee set in 37 CFR 1.21(h) is charged for each patent application and patent identified in the required cover sheet except as provided in 37 CFR 3.41(b).

This means that if you are recording a document that affects multiple patents or applications, you will need to pay a separate fee for each one listed on the cover sheet. However, remember that for electronic submissions, the current fee is $0 per item.

To learn more:

• USPTO fees
• multiple patents
• multiple applications
• recording fees

The USPTO has different fee structures for recording patent and trademark documents. According to MPEP 302.06:

• For patents: The fee is set in 37 CFR 1.21(h)
• For trademarks: The fee is set in 37 CFR 2.6(b)(6)

Additionally, for patent documents:

• Electronic submissions currently have a $0 fee
• Paper or fax submissions have a fee set in 37 CFR 1.21(h)(2)

It’s important to note that trademark fees may differ and do not have the same $0 electronic submission option as patents. Always check the current USPTO fee schedule for the most up-to-date information.

To learn more:

• USPTO fees
• patent fees
• trademark fees
• fee comparison

Whether you need to pay a fee to correct an error in a recorded assignment at the USPTO depends on the type of correction:

• Cover sheet corrections: No fee is required for submitting a corrective document to fix errors in the cover sheet data.
• Assignment document corrections: A recording fee is required when submitting a new corrective assignment document.

According to MPEP 323: “The recordation fee set forth in 37 CFR 1.21(h) is required for each application and patent against which the document is recorded.” This fee applies when recording a new corrective document, but not for simple cover sheet corrections.

For more information on USPTO fees, visit: USPTO fees.

Yes, a request for issuance to an assignee can be submitted after the issue fee is paid, but additional requirements apply:

1. The request must state that the assignment was submitted for recordation before patent issuance.
2. It must include a request for a certificate of correction under 37 CFR 1.323.
3. The appropriate fees must be paid, including the certificate of correction fee and a processing fee.

37 CFR 3.81(b) states: Any request for issuance of an application in the name of the assignee submitted after the date of payment of the issue fee, and any request for a patent to be corrected to state the name of the assignee, must state that the assignment was submitted for recordation as set forth in § 3.11 before issuance of the patent, and must include a request for a certificate of correction under § 1.323 of this chapter (accompanied by the fee set forth in § 1.20(a)) and the processing fee set forth in § 1.17(i) of this chapter.

Yes, there are fees associated with using the Electronic Patent Assignment System (EPAS). According to MPEP 302.10:

“Customers may submit assignments electronically by accessing the Office’s website and paying the required fee by credit card, electronic fund transfer (EFT) or deposit account.”

The specific fee amounts are not mentioned in this section of the MPEP, so it’s advisable to check the current USPTO Fee Schedule for the most up-to-date information on assignment recording fees.

To learn more:

• EPAS fees
• electronic submission fees
• USPTO fees
• assignment recording fees

Yes, there are exceptions to paying the recording fee at the USPTO. According to MPEP 302.06, no fee is required for certain documents related to Executive Order 9424. Specifically:

No fee is required for each patent application and patent against which a document required by Executive Order 9424 is to be filed if: (1) The document does not affect title and is so identified in the cover sheet (see § 3.31(c)(2)); and (2) The document and cover sheet are either: Faxed or electronically submitted as prescribed by the Director, or mailed to the Office in compliance with § 3.27.

This exception applies to specific government-related documents that do not affect the title of the patent or application.

To learn more:

• USPTO fees
• fee exceptions
• Executive Order 9424
• government documents

The fee for recording a patent assignment with the USPTO depends on the method of submission:

• For electronic submissions through the Electronic Patent Assignment System (EPAS), the fee is currently $0, as stated in 37 CFR 1.21(h)(1).
• For non-electronic submissions (e.g., mail or fax), the fee is set forth in 37 CFR 1.21(h)(2).

It’s important to note that fees may change over time. As stated in MPEP 302.06: “Customers should check the current fee schedule on the Office website before submitting documents for recordation.”

Additionally, no fee is required for recording certain government interest documents, as specified in 37 CFR 3.41(b).

The fees for recording assignment documents are set forth in 37 CFR 3.41. According to the MPEP:

• For electronic submissions: The fee is currently $0 (as per 37 CFR 1.21(h)(1))
• For paper or facsimile submissions: The fee is set in 37 CFR 1.21(h)(2)

The MPEP advises: Customers should check the current fee schedule on the Office website before submitting documents for recordation.

It’s important to note that a fee is required for each application, patent, and registration against which the document is recorded, as identified in the cover sheet. However, there are exceptions:

• No fee is required for documents required by Executive Order 9424 if the document does not affect title and is identified as such in the cover sheet
• The document must be either faxed, electronically submitted, or mailed in compliance with 37 CFR 3.27

For more information on recordation fees, visit: recordation fees.

For more information on USPTO fees, visit: USPTO fees.

The fees for recording a patent assignment depend on the submission method:

• Electronic submission via EPAS (Electronic Patent Assignment System): $0
• Paper or facsimile submission: See current fee schedule

As stated in MPEP 302.06: “If the request to record a document is submitted electronically, the fee is set forth in 37 CFR 1.21(h)(1), currently at $0. If the request to record a document is not submitted electronically (i.e., is submitted on paper or via facsimile), the applicable fee is set forth in 37 CFR 1.21(h)(2).”

It’s important to note that fees are subject to change. Always check the current USPTO fee schedule before submitting documents for recordation.

For more information on patent assignment fees, visit: patent assignment fees.

For more information on USPTO fees, visit: USPTO fees.

Yes, a request for issuance to an assignee can be submitted after the issue fee is paid, but additional requirements apply:

1. The request must state that the assignment was submitted for recordation before patent issuance.
2. It must include a request for a certificate of correction under 37 CFR 1.323.
3. The appropriate fees must be paid, including the certificate of correction fee and a processing fee.

37 CFR 3.81(b) states: Any request for issuance of an application in the name of the assignee submitted after the date of payment of the issue fee, and any request for a patent to be corrected to state the name of the assignee, must state that the assignment was submitted for recordation as set forth in § 3.11 before issuance of the patent, and must include a request for a certificate of correction under § 1.323 of this chapter (accompanied by the fee set forth in § 1.20(a)) and the processing fee set forth in § 1.17(i) of this chapter.

Recording a patent assignment at the USPTO involves paying an appropriate recording fee. MPEP 315 references the fee requirements:

The appropriate recording fee (see 37 CFR 1.21(h) and 3.41).

The specific fee amount can be found in the USPTO’s current fee schedule. It’s important to note that:

• Fees may vary depending on whether the submission is electronic or paper-based
• There may be additional fees for expedited processing
• Fees are subject to change, so always check the current fee schedule before submitting

For the most up-to-date information on fees, visit the USPTO’s official fee schedule page.

The fee for recording a corrective document or substitute statement with the USPTO is the same as the fee for recording the original assignment document. MPEP 323 states:

“The fee for recording a corrective document or substitute statement is the same as the fee for recording the original assignment document.”

As of 2023, the fee for recording an assignment electronically is $25 per property. However, fees are subject to change, so it’s advisable to check the current USPTO Fee Schedule for the most up-to-date information.

For more information on assignment correction, visit: assignment correction.

For more information on USPTO fees, visit: USPTO fees.

Whether you need to pay a fee to correct an error in a recorded assignment at the USPTO depends on the type of correction:

• Cover sheet corrections: No fee is required for submitting a corrective document to fix errors in the cover sheet data.
• Assignment document corrections: A recording fee is required when submitting a new corrective assignment document.

According to MPEP 323: “The recordation fee set forth in 37 CFR 1.21(h) is required for each application and patent against which the document is recorded.” This fee applies when recording a new corrective document, but not for simple cover sheet corrections.

For more information on USPTO fees, visit: USPTO fees.

What is the difference between small entity and micro entity status?

While both small entity and micro entity statuses offer reduced patent fees, they have distinct eligibility criteria:

• Small Entity Status:
  • Available to individuals, small businesses (fewer than 500 employees), and non-profit organizations
  • Offers a 50% reduction in most patent fees
• Micro Entity Status:
  • More stringent requirements, including income limitations and limits on the number of previously filed patent applications
  • Offers a 75% reduction in most patent fees

As per MPEP 509.03, “Small entity status entitles applicants to a fifty-percent reduction in a number of patent fees.” Micro entity status, while not explicitly covered in this section, provides even greater fee reductions for those who qualify.

To learn more:

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

The application size fee is an additional fee that applies to patent applications with specifications and drawings exceeding 100 sheets of paper. The MPEP states:

37 CFR 1.16(s) sets forth the application size fee for any application (including any reissue applications) filed under 35 U.S.C. 111, the specification and drawings of which exceed 100 sheets of paper. The calculation of the number of sheets excludes any “Sequence Listing”, computer readable form (CRF) of a “Sequence Listing”, or a “Computer Program Listing Appendix” filed in an American Standard Code for Information Interchange (ASCII) plain text file or any “Sequence Listing XML” filed in an eXtensible Markup Language (XML) file on a read-only optical disc or via the USPTO patent electronic filing system in compliance with the rules.

The fee applies for each additional 50 sheets or fraction thereof over 100 sheets. This fee must be paid within the time period set by the USPTO to avoid abandonment of the application.

The USPTO offers an additional fee reduction for small entities that file patent applications electronically. According to MPEP 509.02:

The Consolidated Appropriations Act, 2005, provides that the filing fee charged under 35 U.S.C. 41(a)(1)(A) shall be reduced by 75 percent with respect to its application to any small entity ‘if the application is filed by electronic means as prescribed by the Director’ (35 U.S.C. 41(h)(3)).

This 75% reduction applies specifically to the filing fee for nonprovisional original utility applications filed electronically by small entities on or after December 8, 2004. It’s important to note that this enhanced reduction does not apply to design applications, plant applications, reissue applications, or provisional applications.

To learn more:

• electronic filing
• fee reduction
• small entity
• USPTO fees

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

What happens if I wrongly claim small entity status?

Wrongly claiming small entity status can have serious consequences. According to MPEP 509.03:

“Improperly and with intent to deceive establishing status as a small entity, or paying fees as a small entity, shall be considered as a fraud practiced or attempted on the Office.”

The consequences of fraudulently claiming small entity status may include:

• Requirement to pay all fee deficiencies
• Possible invalidation of the patent
• Potential legal action for fraud

If you discover an error in your small entity claim, it’s crucial to promptly notify the USPTO and pay any fee deficiencies. Honest mistakes, if corrected in good faith, are generally not considered fraud.

To learn more:

• small entity status
• USPTO fees
• patent fraud

What are the consequences of improperly claiming small entity status?

Improperly claiming small entity status can have serious consequences. The MPEP 509.03 states: “Improperly and with intent to deceive establishing status as a small entity, or paying fees as a small entity, shall be considered as a fraud practiced or attempted on the Office.” This means that intentionally falsely claiming small entity status is considered fraud. Consequences may include:

• Invalidation of the patent
• Requirement to pay back all fee differences
• Potential legal action for fraud

It’s crucial to verify eligibility carefully before claiming small entity status and to update the USPTO if your status changes.

To learn more:

• small entity status
• patent fraud
• USPTO penalties
• patent invalidation

To learn more:

• USPTO fees
• patent enforcement

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

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

According to MPEP 509.02, fees for small entities are reduced by 50% for most patent-related fees. The MPEP states:

The fees which are reduced by 50% for small entities include patent application filing fees including the basic filing fee, search fee, examination fee, application size fee, and excess claims fees (37 CFR 1.16), extension of time, revival, and appeal fees (37 CFR 1.17), patent issue fees (37 CFR 1.18), and maintenance fees on patents (37 CFR 1.20).

Additionally, certain PCT international stage fees are also eligible for the 50% reduction for small entities.

To learn more:

• patent fees
• fee reduction
• small entity
• USPTO fees

How does licensing affect small entity status?

Licensing can significantly impact small entity status. According to MPEP 509.03:

An applicant or patentee is not considered a small entity if any rights in the invention have been assigned, granted, conveyed, or licensed to an entity that would not qualify for small entity status.

This means:

• If a small entity licenses rights to a large entity, small entity status is lost.
• Exclusive licenses generally result in loss of small entity status.
• Non-exclusive licenses may not affect status if they don’t convey all significant rights.

It’s crucial to review all licensing agreements before claiming small entity status. Any change in licensing that affects status must be reported to the USPTO promptly.

To learn more:

• small entity status
• patent licensing
• USPTO fees

A security interest in a patent or patent application generally does not affect small entity status unless it is defaulted upon. According to 37 CFR 1.27(a)(5):

A security interest does not involve an obligation to transfer rights in the invention for the purposes of paragraphs (a)(1) through (a)(3) of this section unless the security interest is defaulted upon.

This means that an applicant or patentee can take out a loan secured by rights in a patent application or patent without losing small entity status, even if the lender is a large entity. However, if the loan is defaulted upon and the security interest is enforced, resulting in a transfer of rights to a non-small entity, the small entity status would be lost.

In such cases, the USPTO must be notified of the loss of entitlement to small entity status prior to or at the time of paying the earliest of the issue fee or any maintenance fee due after the date on which small entity status is no longer appropriate.

To learn more:

• security interest
• small entity status
• patent rights
• USPTO fees

How do I claim small entity status for a patent application?

To claim small entity status for a patent application, follow these steps:

• Determine eligibility: Ensure you meet the criteria for small entity status as defined in 37 CFR 1.27(a).
• Submit a written assertion: Provide a written assertion of entitlement to small entity status. This can be done by:
• Checking the appropriate box on a patent application transmittal form
• Submitting a separate paper specifically asserting small entity status
• Paying small entity fees (which is considered a written assertion)
• Timing: You can claim small entity status at any time during the pendency of the application or after the patent issues.

As stated in MPEP 509.03, “A small entity status assertion must be filed in each application or patent in which the small entity is desired to claim such status.”

To learn more:

• small entity status
• patent application
• USPTO fees

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

No, paying a fee in a non-micro entity amount does not automatically change your entity status. According to MPEP 509.04(e):

Payment of a fee in other than the micro entity amount is not sufficient notification that micro entity status is no longer appropriate.

To properly notify the USPTO of a change in entity status, you must file a separate notification in the application or patent. This notification must be filed prior to or at the time of paying any fee after the date on which micro entity status is no longer appropriate.

To learn more:

• micro entity status
• USPTO fees
• entity status change
• patent fees

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

Can I change my entity status during the patent application process?

Yes, you can change your entity status during the patent application process. The MPEP 509.03 states:

“Small entity status may be claimed in a pending application at any time before, or concurrently with, the payment of an issue fee.”

This means you can:

• Change from standard to small entity status
• Change from small entity to standard status
• Claim micro entity status if you qualify

To change your status, you must file a new written assertion of the desired status. Keep in mind that if you change to a higher fee status (e.g., from small to standard), you may need to pay any fee deficiencies for previously paid fees at the lower rate.

To learn more:

• entity status change
• patent application
• USPTO fees

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

The application size fee is an additional fee that applies to patent applications with specifications and drawings exceeding 100 sheets of paper. The MPEP states:

37 CFR 1.16(s) sets forth the application size fee for any application (including any reissue applications) filed under 35 U.S.C. 111, the specification and drawings of which exceed 100 sheets of paper. The calculation of the number of sheets excludes any “Sequence Listing”, computer readable form (CRF) of a “Sequence Listing”, or a “Computer Program Listing Appendix” filed in an American Standard Code for Information Interchange (ASCII) plain text file or any “Sequence Listing XML” filed in an eXtensible Markup Language (XML) file on a read-only optical disc or via the USPTO patent electronic filing system in compliance with the rules.

The fee applies for each additional 50 sheets or fraction thereof over 100 sheets. This fee must be paid within the time period set by the USPTO to avoid abandonment of the application.

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

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

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

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

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

The USPTO accepts multiple payment methods for the electronic submission of assignment documents through the Electronic Patent Assignment System (EPAS). As stated in MPEP 302.10:

“Customers may submit assignments electronically by accessing the Office’s website and paying the required fee by credit card, electronic fund transfer (EFT) or deposit account.”

These payment options provide flexibility for users when submitting assignment documents electronically. It’s important to ensure that you have one of these payment methods available before initiating the submission process.

To learn more:

• EPAS payment methods
• USPTO fees
• electronic submission
• credit card
• electronic fund transfer
• deposit account

The non-electronic filing fee is an additional fee charged for patent applications not filed by electronic means. This fee was established by the Leahy-Smith America Invents Act and is codified in 37 CFR 1.16(t).

The MPEP states: Section 10(h) of Public Law 112-29, September 16, 2011 (the Leahy-Smith America Invents Act) provides that an additional fee of $400 ($200 for a small entity) shall be established for each application for an original (i.e., non-reissue) patent, except for a design, plant, or provisional application, not filed by electronic means.

This fee applies to:

• Applications under 35 U.S.C. 111(a) filed on or after November 15, 2011, other than by the USPTO patent electronic filing system.
• International applications filed with the USPTO as receiving Office on or after November 15, 2011, as part of the transmittal fee.

To learn more:

• non-electronic filing fee
• patent fees
• electronic filing
• USPTO fees

The fee for recording documents with the USPTO varies depending on the method of submission and the type of intellectual property involved. According to MPEP 302.06:

For patents:

• If submitted electronically: $0 (as of 2019)
• If submitted on paper or via facsimile: Fee set in 37 CFR 1.21(h)(2)

For trademarks:

• Fee set in 37 CFR 2.6(b)(6)

The MPEP advises: Customers should check the current fee schedule on the Office website before submitting documents for recordation.

To learn more:

• USPTO fees
• document recording
• patent fees
• trademark fees
• electronic submission

The fee for recording a patent assignment with the USPTO depends on the method of submission:

• For electronic submissions through the Electronic Patent Assignment System (EPAS), the fee is currently $0, as stated in 37 CFR 1.21(h)(1).
• For non-electronic submissions (e.g., mail or fax), the fee is set forth in 37 CFR 1.21(h)(2).

It’s important to note that fees may change over time. As stated in MPEP 302.06: “Customers should check the current fee schedule on the Office website before submitting documents for recordation.”

Additionally, no fee is required for recording certain government interest documents, as specified in 37 CFR 3.41(b).

The fee for recording a corrective document or substitute statement with the USPTO is the same as the fee for recording the original assignment document. MPEP 323 states:

“The fee for recording a corrective document or substitute statement is the same as the fee for recording the original assignment document.”

As of 2023, the fee for recording an assignment electronically is $25 per property. However, fees are subject to change, so it’s advisable to check the current USPTO Fee Schedule for the most up-to-date information.

For more information on assignment correction, visit: assignment correction.

For more information on USPTO fees, visit: USPTO fees.

What is the difference between small entity and micro entity status?

While both small entity and micro entity statuses offer reduced patent fees, they have distinct eligibility criteria:

• Small Entity Status:
  • Available to individuals, small businesses (fewer than 500 employees), and non-profit organizations
  • Offers a 50% reduction in most patent fees
• Micro Entity Status:
  • More stringent requirements, including income limitations and limits on the number of previously filed patent applications
  • Offers a 75% reduction in most patent fees

As per MPEP 509.03, “Small entity status entitles applicants to a fifty-percent reduction in a number of patent fees.” Micro entity status, while not explicitly covered in this section, provides even greater fee reductions for those who qualify.

To learn more:

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

As of the 2019 update to MPEP 302.06, the fee for electronically submitting a patent document for recordation is $0. The MPEP states:

If the request to record a document is submitted electronically, the fee is set forth in 37 CFR 1.21(h)(1), currently at $0.

This $0 fee for electronic submissions is a significant cost-saving measure for patent applicants and owners. However, it’s important to note that fees can change, and the MPEP advises:

Customers should check the current fee schedule on the Office website before submitting documents for recordation.

Always verify the current fees on the USPTO fee schedule before submitting any documents.

To learn more:

• USPTO fees
• electronic submission
• patent recording
• free recording

The application size fee is an additional fee that applies to patent applications with specifications and drawings exceeding 100 sheets of paper. The MPEP states:

37 CFR 1.16(s) sets forth the application size fee for any application (including any reissue applications) filed under 35 U.S.C. 111, the specification and drawings of which exceed 100 sheets of paper. The calculation of the number of sheets excludes any “Sequence Listing”, computer readable form (CRF) of a “Sequence Listing”, or a “Computer Program Listing Appendix” filed in an American Standard Code for Information Interchange (ASCII) plain text file or any “Sequence Listing XML” filed in an eXtensible Markup Language (XML) file on a read-only optical disc or via the USPTO patent electronic filing system in compliance with the rules.

The fee applies for each additional 50 sheets or fraction thereof over 100 sheets. This fee must be paid within the time period set by the USPTO to avoid abandonment of the application.

The USPTO offers an additional fee reduction for small entities that file patent applications electronically. According to MPEP 509.02:

The Consolidated Appropriations Act, 2005, provides that the filing fee charged under 35 U.S.C. 41(a)(1)(A) shall be reduced by 75 percent with respect to its application to any small entity ‘if the application is filed by electronic means as prescribed by the Director’ (35 U.S.C. 41(h)(3)).

This 75% reduction applies specifically to the filing fee for nonprovisional original utility applications filed electronically by small entities on or after December 8, 2004. It’s important to note that this enhanced reduction does not apply to design applications, plant applications, reissue applications, or provisional applications.

To learn more:

• electronic filing
• fee reduction
• small entity
• USPTO fees

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

What happens if I wrongly claim small entity status?

Wrongly claiming small entity status can have serious consequences. According to MPEP 509.03:

“Improperly and with intent to deceive establishing status as a small entity, or paying fees as a small entity, shall be considered as a fraud practiced or attempted on the Office.”

The consequences of fraudulently claiming small entity status may include:

• Requirement to pay all fee deficiencies
• Possible invalidation of the patent
• Potential legal action for fraud

If you discover an error in your small entity claim, it’s crucial to promptly notify the USPTO and pay any fee deficiencies. Honest mistakes, if corrected in good faith, are generally not considered fraud.

To learn more:

• small entity status
• USPTO fees
• patent fraud

To correct a typographical error on a patent assignment cover sheet, you must pay the required fee for each application or patent that needs correction. According to MPEP 323.01(a):

“The party requesting correction should submit… (C) the required fee for each application or patent to be corrected (37 CFR 3.41).”

The specific fee amount is set by 37 CFR 3.41 and may change periodically. It’s important to check the current USPTO Fee Schedule for the most up-to-date fee information. The fee is required per application or patent, so if multiple documents need correction, multiple fees may apply.

To learn more:

• patent assignment
• cover sheet correction
• typographical errors
• USPTO fees

When correcting a typographical error in a recorded assignment document, fees are required. The MPEP 323.01(b) states:

The affidavit or declaration must be accompanied by a copy of the originally recorded papers, a cover sheet, and the required fee for each application or patent to be corrected (37 CFR 3.41).

The specific fee amount is set by 37 CFR 3.41. It’s important to note that:

• A separate fee is required for each application or patent affected by the correction.
• The fee amount may change, so it’s best to check the current USPTO fee schedule for the most up-to-date information.

To learn more:

• Assignment
• Typographical Errors
• Document Correction
• USPTO Fees

Recording a patent assignment at the USPTO involves paying an appropriate recording fee. MPEP 315 references the fee requirements:

The appropriate recording fee (see 37 CFR 1.21(h) and 3.41).

The specific fee amount can be found in the USPTO’s current fee schedule. It’s important to note that:

• Fees may vary depending on whether the submission is electronic or paper-based
• There may be additional fees for expedited processing
• Fees are subject to change, so always check the current fee schedule before submitting

For the most up-to-date information on fees, visit the USPTO’s official fee schedule page.

For nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 8, 2004, the following fees are required:

• Basic filing fee (37 CFR 1.16(a), (b), (c) or (e))
• Search fee (37 CFR 1.16(k), (l), (m), or (n))
• Examination fee (37 CFR 1.16(o), (p), (q), or (r))
• Application size fee, if applicable (37 CFR 1.16(s))
• Excess claims fees, if applicable (37 CFR 1.16(h), (i), or (j))
• Non-electronic filing fee, if applicable (37 CFR 1.16(t))

The MPEP states: The basic filing, search and examination fees are due on filing of the nonprovisional application under 35 U.S.C. 111(a). However, these fees may be paid later with a surcharge if paid within the time period set in 37 CFR 1.53(f).

To learn more:

• patent fees
• nonprovisional application
• filing fees
• USPTO fees

The fees for recording assignment documents are set forth in 37 CFR 3.41. According to the MPEP:

• For electronic submissions: The fee is currently $0 (as per 37 CFR 1.21(h)(1))
• For paper or facsimile submissions: The fee is set in 37 CFR 1.21(h)(2)

The MPEP advises: Customers should check the current fee schedule on the Office website before submitting documents for recordation.

It’s important to note that a fee is required for each application, patent, and registration against which the document is recorded, as identified in the cover sheet. However, there are exceptions:

• No fee is required for documents required by Executive Order 9424 if the document does not affect title and is identified as such in the cover sheet
• The document must be either faxed, electronically submitted, or mailed in compliance with 37 CFR 3.27

For more information on recordation fees, visit: recordation fees.

For more information on USPTO fees, visit: USPTO fees.

The fees for recording a patent assignment depend on the submission method:

• Electronic submission via EPAS (Electronic Patent Assignment System): $0
• Paper or facsimile submission: See current fee schedule

As stated in MPEP 302.06: “If the request to record a document is submitted electronically, the fee is set forth in 37 CFR 1.21(h)(1), currently at $0. If the request to record a document is not submitted electronically (i.e., is submitted on paper or via facsimile), the applicable fee is set forth in 37 CFR 1.21(h)(2).”

It’s important to note that fees are subject to change. Always check the current USPTO fee schedule before submitting documents for recordation.

For more information on patent assignment fees, visit: patent assignment fees.

For more information on USPTO fees, visit: USPTO fees.

What are the consequences of improperly claiming small entity status?

Improperly claiming small entity status can have serious consequences. The MPEP 509.03 states: “Improperly and with intent to deceive establishing status as a small entity, or paying fees as a small entity, shall be considered as a fraud practiced or attempted on the Office.” This means that intentionally falsely claiming small entity status is considered fraud. Consequences may include:

• Invalidation of the patent
• Requirement to pay back all fee differences
• Potential legal action for fraud

It’s crucial to verify eligibility carefully before claiming small entity status and to update the USPTO if your status changes.

To learn more:

• small entity status
• patent fraud
• USPTO penalties
• patent invalidation

To learn more:

• USPTO fees
• patent enforcement

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

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

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:

• excess claims fees
• patent fees
• claim count
• USPTO fees

According to MPEP 509.02, fees for small entities are reduced by 50% for most patent-related fees. The MPEP states:

The fees which are reduced by 50% for small entities include patent application filing fees including the basic filing fee, search fee, examination fee, application size fee, and excess claims fees (37 CFR 1.16), extension of time, revival, and appeal fees (37 CFR 1.17), patent issue fees (37 CFR 1.18), and maintenance fees on patents (37 CFR 1.20).

Additionally, certain PCT international stage fees are also eligible for the 50% reduction for small entities.

To learn more:

• patent fees
• fee reduction
• small entity
• USPTO fees

The recording fee for multiple patents or applications is calculated on a per-item basis. According to MPEP 302.06:

The recording fee set in 37 CFR 1.21(h) is charged for each patent application and patent identified in the required cover sheet except as provided in 37 CFR 3.41(b).

This means that if you are recording a document that affects multiple patents or applications, you will need to pay a separate fee for each one listed on the cover sheet. However, remember that for electronic submissions, the current fee is $0 per item.

To learn more:

• USPTO fees
• multiple patents
• multiple applications
• recording fees

The application size fee is calculated based on the number of pages in the application. According to 37 CFR 1.16(s), this fee applies to any application filed under 35 U.S.C. 111 where the specification (including claims) and drawings exceed 100 sheets of paper.

The MPEP states: The application size fee applies for each additional 50 sheets or fraction thereof over 100 sheets of paper. However, certain parts of the application are excluded from this calculation:

• ASCII plain text files or XML files of Sequence Listings
• Computer readable forms (CRF) of Sequence Listings
• Computer Program Listing Appendices in compliance with 37 CFR 1.96(c)

For applications submitted via the USPTO patent electronic filing system, the paper size equivalent… will be considered to be seventy five percent of the number of sheets of paper present in the specification (including claims) and drawings of the application when entered into the Office file wrapper.

To learn more:

• application size fee
• patent fees
• page count
• USPTO fees

The USPTO has different fee structures for recording patent and trademark documents. According to MPEP 302.06:

• For patents: The fee is set in 37 CFR 1.21(h)
• For trademarks: The fee is set in 37 CFR 2.6(b)(6)

Additionally, for patent documents:

• Electronic submissions currently have a $0 fee
• Paper or fax submissions have a fee set in 37 CFR 1.21(h)(2)

It’s important to note that trademark fees may differ and do not have the same $0 electronic submission option as patents. Always check the current USPTO fee schedule for the most up-to-date information.

To learn more:

• USPTO fees
• patent fees
• trademark fees
• fee comparison

How does licensing affect small entity status?

Licensing can significantly impact small entity status. According to MPEP 509.03:

An applicant or patentee is not considered a small entity if any rights in the invention have been assigned, granted, conveyed, or licensed to an entity that would not qualify for small entity status.

This means:

• If a small entity licenses rights to a large entity, small entity status is lost.
• Exclusive licenses generally result in loss of small entity status.
• Non-exclusive licenses may not affect status if they don’t convey all significant rights.

It’s crucial to review all licensing agreements before claiming small entity status. Any change in licensing that affects status must be reported to the USPTO promptly.

To learn more:

• small entity status
• patent licensing
• USPTO fees

A security interest in a patent or patent application generally does not affect small entity status unless it is defaulted upon. According to 37 CFR 1.27(a)(5):

A security interest does not involve an obligation to transfer rights in the invention for the purposes of paragraphs (a)(1) through (a)(3) of this section unless the security interest is defaulted upon.

This means that an applicant or patentee can take out a loan secured by rights in a patent application or patent without losing small entity status, even if the lender is a large entity. However, if the loan is defaulted upon and the security interest is enforced, resulting in a transfer of rights to a non-small entity, the small entity status would be lost.

In such cases, the USPTO must be notified of the loss of entitlement to small entity status prior to or at the time of paying the earliest of the issue fee or any maintenance fee due after the date on which small entity status is no longer appropriate.

To learn more:

• security interest
• small entity status
• patent rights
• USPTO fees

How do I claim small entity status for a patent application?

To claim small entity status for a patent application, follow these steps:

• Determine eligibility: Ensure you meet the criteria for small entity status as defined in 37 CFR 1.27(a).
• Submit a written assertion: Provide a written assertion of entitlement to small entity status. This can be done by:
• Checking the appropriate box on a patent application transmittal form
• Submitting a separate paper specifically asserting small entity status
• Paying small entity fees (which is considered a written assertion)
• Timing: You can claim small entity status at any time during the pendency of the application or after the patent issues.

As stated in MPEP 509.03, “A small entity status assertion must be filed in each application or patent in which the small entity is desired to claim such status.”

To learn more:

• small entity status
• patent application
• USPTO fees

How do I calculate the application size fee for a patent application?

The application size fee is an additional charge for patent applications exceeding a certain number of pages. Here’s how to calculate it:

1. Count the total number of pages in your application, including specification, claims, abstract, and drawings.
2. Subtract 100 from the total page count (the first 100 pages are included in the basic filing fee).
3. If the result is positive, multiply it by the per-page fee.

According to MPEP 607: “The application size fee applies to any application filed under 35 U.S.C. 111 … the number of pages of specification, claims, and drawings (including all pages containing part of one of those items) is more than 100 pages.”

For current fee amounts, refer to the USPTO Fee Schedule. Remember, the application size fee is in addition to the basic filing fee.

To learn more:

• application size fee
• patent application
• fee calculation
• USPTO fees

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

No, paying a fee in a non-micro entity amount does not automatically change your entity status. According to MPEP 509.04(e):

Payment of a fee in other than the micro entity amount is not sufficient notification that micro entity status is no longer appropriate.

To properly notify the USPTO of a change in entity status, you must file a separate notification in the application or patent. This notification must be filed prior to or at the time of paying any fee after the date on which micro entity status is no longer appropriate.

To learn more:

• micro entity status
• USPTO fees
• entity status change
• patent fees

Whether you need to pay a fee to correct an error in a recorded assignment at the USPTO depends on the type of correction:

• Cover sheet corrections: No fee is required for submitting a corrective document to fix errors in the cover sheet data.
• Assignment document corrections: A recording fee is required when submitting a new corrective assignment document.

According to MPEP 323: “The recordation fee set forth in 37 CFR 1.21(h) is required for each application and patent against which the document is recorded.” This fee applies when recording a new corrective document, but not for simple cover sheet corrections.

For more information on USPTO fees, visit: USPTO fees.

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

Can I change my entity status during the patent application process?

Yes, you can change your entity status during the patent application process. The MPEP 509.03 states:

“Small entity status may be claimed in a pending application at any time before, or concurrently with, the payment of an issue fee.”

This means you can:

• Change from standard to small entity status
• Change from small entity to standard status
• Claim micro entity status if you qualify

To change your status, you must file a new written assertion of the desired status. Keep in mind that if you change to a higher fee status (e.g., from small to standard), you may need to pay any fee deficiencies for previously paid fees at the lower rate.

To learn more:

• entity status change
• patent application
• USPTO fees

Yes, a request for issuance to an assignee can be submitted after the issue fee is paid, but additional requirements apply:

1. The request must state that the assignment was submitted for recordation before patent issuance.
2. It must include a request for a certificate of correction under 37 CFR 1.323.
3. The appropriate fees must be paid, including the certificate of correction fee and a processing fee.

37 CFR 3.81(b) states: Any request for issuance of an application in the name of the assignee submitted after the date of payment of the issue fee, and any request for a patent to be corrected to state the name of the assignee, must state that the assignment was submitted for recordation as set forth in § 3.11 before issuance of the patent, and must include a request for a certificate of correction under § 1.323 of this chapter (accompanied by the fee set forth in § 1.20(a)) and the processing fee set forth in § 1.17(i) of this chapter.

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

Yes, there are fees associated with using the Electronic Patent Assignment System (EPAS). According to MPEP 302.10:

“Customers may submit assignments electronically by accessing the Office’s website and paying the required fee by credit card, electronic fund transfer (EFT) or deposit account.”

The specific fee amounts are not mentioned in this section of the MPEP, so it’s advisable to check the current USPTO Fee Schedule for the most up-to-date information on assignment recording fees.

To learn more:

• EPAS fees
• electronic submission fees
• USPTO fees
• assignment recording fees

Are there any fee reductions available for small entities or micro entities filing patent applications?

Yes, the USPTO offers significant fee reductions for small entities and micro entities. According to MPEP 607:

“Fees for a nonprovisional application for an original patent are reduced by 50% for a small entity and by 75% for a micro entity.”

To qualify for these reductions:

• Small Entity: Generally includes independent inventors, small businesses with fewer than 500 employees, and nonprofit organizations.
• Micro Entity: Must meet small entity requirements plus additional criteria related to application filings and income.

To claim these statuses, you must file the appropriate certification with your application. For detailed eligibility requirements and how to claim these statuses, refer to USPTO’s Micro Entity Guidance and Small Entity Status information.

To learn more:

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

Yes, there are exceptions to paying the recording fee at the USPTO. According to MPEP 302.06, no fee is required for certain documents related to Executive Order 9424. Specifically:

No fee is required for each patent application and patent against which a document required by Executive Order 9424 is to be filed if: (1) The document does not affect title and is so identified in the cover sheet (see § 3.31(c)(2)); and (2) The document and cover sheet are either: Faxed or electronically submitted as prescribed by the Director, or mailed to the Office in compliance with § 3.27.

This exception applies to specific government-related documents that do not affect the title of the patent or application.

To learn more:

• USPTO fees
• fee exceptions
• Executive Order 9424
• government documents

The USPTO accepts multiple payment methods for the electronic submission of assignment documents through the Electronic Patent Assignment System (EPAS). As stated in MPEP 302.10:

“Customers may submit assignments electronically by accessing the Office’s website and paying the required fee by credit card, electronic fund transfer (EFT) or deposit account.”

These payment options provide flexibility for users when submitting assignment documents electronically. It’s important to ensure that you have one of these payment methods available before initiating the submission process.

To learn more:

• EPAS payment methods
• USPTO fees
• electronic submission
• credit card
• electronic fund transfer
• deposit account

The non-electronic filing fee is an additional fee charged for patent applications not filed by electronic means. This fee was established by the Leahy-Smith America Invents Act and is codified in 37 CFR 1.16(t).

The MPEP states: Section 10(h) of Public Law 112-29, September 16, 2011 (the Leahy-Smith America Invents Act) provides that an additional fee of $400 ($200 for a small entity) shall be established for each application for an original (i.e., non-reissue) patent, except for a design, plant, or provisional application, not filed by electronic means.

This fee applies to:

• Applications under 35 U.S.C. 111(a) filed on or after November 15, 2011, other than by the USPTO patent electronic filing system.
• International applications filed with the USPTO as receiving Office on or after November 15, 2011, as part of the transmittal fee.

To learn more:

• non-electronic filing fee
• patent fees
• electronic filing
• USPTO fees

The fee for recording documents with the USPTO varies depending on the method of submission and the type of intellectual property involved. According to MPEP 302.06:

For patents:

• If submitted electronically: $0 (as of 2019)
• If submitted on paper or via facsimile: Fee set in 37 CFR 1.21(h)(2)

For trademarks:

• Fee set in 37 CFR 2.6(b)(6)

The MPEP advises: Customers should check the current fee schedule on the Office website before submitting documents for recordation.

To learn more:

• USPTO fees
• document recording
• patent fees
• trademark fees
• electronic submission

The fee for recording a patent assignment with the USPTO depends on the method of submission:

• For electronic submissions through the Electronic Patent Assignment System (EPAS), the fee is currently $0, as stated in 37 CFR 1.21(h)(1).
• For non-electronic submissions (e.g., mail or fax), the fee is set forth in 37 CFR 1.21(h)(2).

It’s important to note that fees may change over time. As stated in MPEP 302.06: “Customers should check the current fee schedule on the Office website before submitting documents for recordation.”

Additionally, no fee is required for recording certain government interest documents, as specified in 37 CFR 3.41(b).

The fee for recording a corrective document or substitute statement with the USPTO is the same as the fee for recording the original assignment document. MPEP 323 states:

“The fee for recording a corrective document or substitute statement is the same as the fee for recording the original assignment document.”

As of 2023, the fee for recording an assignment electronically is $25 per property. However, fees are subject to change, so it’s advisable to check the current USPTO Fee Schedule for the most up-to-date information.

For more information on assignment correction, visit: assignment correction.

For more information on USPTO fees, visit: USPTO fees.

What is the difference between small entity and micro entity status?

While both small entity and micro entity statuses offer reduced patent fees, they have distinct eligibility criteria:

• Small Entity Status:
  • Available to individuals, small businesses (fewer than 500 employees), and non-profit organizations
  • Offers a 50% reduction in most patent fees
• Micro Entity Status:
  • More stringent requirements, including income limitations and limits on the number of previously filed patent applications
  • Offers a 75% reduction in most patent fees

As per MPEP 509.03, “Small entity status entitles applicants to a fifty-percent reduction in a number of patent fees.” Micro entity status, while not explicitly covered in this section, provides even greater fee reductions for those who qualify.

To learn more:

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

As of the 2019 update to MPEP 302.06, the fee for electronically submitting a patent document for recordation is $0. The MPEP states:

If the request to record a document is submitted electronically, the fee is set forth in 37 CFR 1.21(h)(1), currently at $0.

This $0 fee for electronic submissions is a significant cost-saving measure for patent applicants and owners. However, it’s important to note that fees can change, and the MPEP advises:

Customers should check the current fee schedule on the Office website before submitting documents for recordation.

Always verify the current fees on the USPTO fee schedule before submitting any documents.

To learn more:

• USPTO fees
• electronic submission
• patent recording
• free recording

The application size fee is an additional fee that applies to patent applications with specifications and drawings exceeding 100 sheets of paper. The MPEP states:

37 CFR 1.16(s) sets forth the application size fee for any application (including any reissue applications) filed under 35 U.S.C. 111, the specification and drawings of which exceed 100 sheets of paper. The calculation of the number of sheets excludes any “Sequence Listing”, computer readable form (CRF) of a “Sequence Listing”, or a “Computer Program Listing Appendix” filed in an American Standard Code for Information Interchange (ASCII) plain text file or any “Sequence Listing XML” filed in an eXtensible Markup Language (XML) file on a read-only optical disc or via the USPTO patent electronic filing system in compliance with the rules.

The fee applies for each additional 50 sheets or fraction thereof over 100 sheets. This fee must be paid within the time period set by the USPTO to avoid abandonment of the application.

The USPTO offers an additional fee reduction for small entities that file patent applications electronically. According to MPEP 509.02:

The Consolidated Appropriations Act, 2005, provides that the filing fee charged under 35 U.S.C. 41(a)(1)(A) shall be reduced by 75 percent with respect to its application to any small entity ‘if the application is filed by electronic means as prescribed by the Director’ (35 U.S.C. 41(h)(3)).

This 75% reduction applies specifically to the filing fee for nonprovisional original utility applications filed electronically by small entities on or after December 8, 2004. It’s important to note that this enhanced reduction does not apply to design applications, plant applications, reissue applications, or provisional applications.

To learn more:

• electronic filing
• fee reduction
• small entity
• USPTO fees

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

What happens if I wrongly claim small entity status?

Wrongly claiming small entity status can have serious consequences. According to MPEP 509.03:

“Improperly and with intent to deceive establishing status as a small entity, or paying fees as a small entity, shall be considered as a fraud practiced or attempted on the Office.”

The consequences of fraudulently claiming small entity status may include:

• Requirement to pay all fee deficiencies
• Possible invalidation of the patent
• Potential legal action for fraud

If you discover an error in your small entity claim, it’s crucial to promptly notify the USPTO and pay any fee deficiencies. Honest mistakes, if corrected in good faith, are generally not considered fraud.

To learn more:

• small entity status
• USPTO fees
• patent fraud

To correct a typographical error on a patent assignment cover sheet, you must pay the required fee for each application or patent that needs correction. According to MPEP 323.01(a):

“The party requesting correction should submit… (C) the required fee for each application or patent to be corrected (37 CFR 3.41).”

The specific fee amount is set by 37 CFR 3.41 and may change periodically. It’s important to check the current USPTO Fee Schedule for the most up-to-date fee information. The fee is required per application or patent, so if multiple documents need correction, multiple fees may apply.

To learn more:

• patent assignment
• cover sheet correction
• typographical errors
• USPTO fees

When correcting a typographical error in a recorded assignment document, fees are required. The MPEP 323.01(b) states:

The affidavit or declaration must be accompanied by a copy of the originally recorded papers, a cover sheet, and the required fee for each application or patent to be corrected (37 CFR 3.41).

The specific fee amount is set by 37 CFR 3.41. It’s important to note that:

• A separate fee is required for each application or patent affected by the correction.
• The fee amount may change, so it’s best to check the current USPTO fee schedule for the most up-to-date information.

To learn more:

• Assignment
• Typographical Errors
• Document Correction
• USPTO Fees

Recording a patent assignment at the USPTO involves paying an appropriate recording fee. MPEP 315 references the fee requirements:

The appropriate recording fee (see 37 CFR 1.21(h) and 3.41).

The specific fee amount can be found in the USPTO’s current fee schedule. It’s important to note that:

• Fees may vary depending on whether the submission is electronic or paper-based
• There may be additional fees for expedited processing
• Fees are subject to change, so always check the current fee schedule before submitting

For the most up-to-date information on fees, visit the USPTO’s official fee schedule page.

For nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 8, 2004, the following fees are required:

• Basic filing fee (37 CFR 1.16(a), (b), (c) or (e))
• Search fee (37 CFR 1.16(k), (l), (m), or (n))
• Examination fee (37 CFR 1.16(o), (p), (q), or (r))
• Application size fee, if applicable (37 CFR 1.16(s))
• Excess claims fees, if applicable (37 CFR 1.16(h), (i), or (j))
• Non-electronic filing fee, if applicable (37 CFR 1.16(t))

The MPEP states: The basic filing, search and examination fees are due on filing of the nonprovisional application under 35 U.S.C. 111(a). However, these fees may be paid later with a surcharge if paid within the time period set in 37 CFR 1.53(f).

To learn more:

• patent fees
• nonprovisional application
• filing fees
• USPTO fees

The fees for recording assignment documents are set forth in 37 CFR 3.41. According to the MPEP:

• For electronic submissions: The fee is currently $0 (as per 37 CFR 1.21(h)(1))
• For paper or facsimile submissions: The fee is set in 37 CFR 1.21(h)(2)

The MPEP advises: Customers should check the current fee schedule on the Office website before submitting documents for recordation.

It’s important to note that a fee is required for each application, patent, and registration against which the document is recorded, as identified in the cover sheet. However, there are exceptions:

• No fee is required for documents required by Executive Order 9424 if the document does not affect title and is identified as such in the cover sheet
• The document must be either faxed, electronically submitted, or mailed in compliance with 37 CFR 3.27

For more information on recordation fees, visit: recordation fees.

For more information on USPTO fees, visit: USPTO fees.

The fees for recording a patent assignment depend on the submission method:

• Electronic submission via EPAS (Electronic Patent Assignment System): $0
• Paper or facsimile submission: See current fee schedule

As stated in MPEP 302.06: “If the request to record a document is submitted electronically, the fee is set forth in 37 CFR 1.21(h)(1), currently at $0. If the request to record a document is not submitted electronically (i.e., is submitted on paper or via facsimile), the applicable fee is set forth in 37 CFR 1.21(h)(2).”

It’s important to note that fees are subject to change. Always check the current USPTO fee schedule before submitting documents for recordation.

For more information on patent assignment fees, visit: patent assignment fees.

For more information on USPTO fees, visit: USPTO fees.

What are the consequences of improperly claiming small entity status?

Improperly claiming small entity status can have serious consequences. The MPEP 509.03 states: “Improperly and with intent to deceive establishing status as a small entity, or paying fees as a small entity, shall be considered as a fraud practiced or attempted on the Office.” This means that intentionally falsely claiming small entity status is considered fraud. Consequences may include:

• Invalidation of the patent
• Requirement to pay back all fee differences
• Potential legal action for fraud

It’s crucial to verify eligibility carefully before claiming small entity status and to update the USPTO if your status changes.

To learn more:

• small entity status
• patent fraud
• USPTO penalties
• patent invalidation

To learn more:

• USPTO fees
• patent enforcement

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

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

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:

• excess claims fees
• patent fees
• claim count
• USPTO fees

According to MPEP 509.02, fees for small entities are reduced by 50% for most patent-related fees. The MPEP states:

The fees which are reduced by 50% for small entities include patent application filing fees including the basic filing fee, search fee, examination fee, application size fee, and excess claims fees (37 CFR 1.16), extension of time, revival, and appeal fees (37 CFR 1.17), patent issue fees (37 CFR 1.18), and maintenance fees on patents (37 CFR 1.20).

Additionally, certain PCT international stage fees are also eligible for the 50% reduction for small entities.

To learn more:

• patent fees
• fee reduction
• small entity
• USPTO fees

The recording fee for multiple patents or applications is calculated on a per-item basis. According to MPEP 302.06:

The recording fee set in 37 CFR 1.21(h) is charged for each patent application and patent identified in the required cover sheet except as provided in 37 CFR 3.41(b).

This means that if you are recording a document that affects multiple patents or applications, you will need to pay a separate fee for each one listed on the cover sheet. However, remember that for electronic submissions, the current fee is $0 per item.

To learn more:

• USPTO fees
• multiple patents
• multiple applications
• recording fees

The application size fee is calculated based on the number of pages in the application. According to 37 CFR 1.16(s), this fee applies to any application filed under 35 U.S.C. 111 where the specification (including claims) and drawings exceed 100 sheets of paper.

The MPEP states: The application size fee applies for each additional 50 sheets or fraction thereof over 100 sheets of paper. However, certain parts of the application are excluded from this calculation:

• ASCII plain text files or XML files of Sequence Listings
• Computer readable forms (CRF) of Sequence Listings
• Computer Program Listing Appendices in compliance with 37 CFR 1.96(c)

For applications submitted via the USPTO patent electronic filing system, the paper size equivalent… will be considered to be seventy five percent of the number of sheets of paper present in the specification (including claims) and drawings of the application when entered into the Office file wrapper.

To learn more:

• application size fee
• patent fees
• page count
• USPTO fees

The USPTO has different fee structures for recording patent and trademark documents. According to MPEP 302.06:

• For patents: The fee is set in 37 CFR 1.21(h)
• For trademarks: The fee is set in 37 CFR 2.6(b)(6)

Additionally, for patent documents:

• Electronic submissions currently have a $0 fee
• Paper or fax submissions have a fee set in 37 CFR 1.21(h)(2)

It’s important to note that trademark fees may differ and do not have the same $0 electronic submission option as patents. Always check the current USPTO fee schedule for the most up-to-date information.

To learn more:

• USPTO fees
• patent fees
• trademark fees
• fee comparison

How does licensing affect small entity status?

Licensing can significantly impact small entity status. According to MPEP 509.03:

An applicant or patentee is not considered a small entity if any rights in the invention have been assigned, granted, conveyed, or licensed to an entity that would not qualify for small entity status.

This means:

• If a small entity licenses rights to a large entity, small entity status is lost.
• Exclusive licenses generally result in loss of small entity status.
• Non-exclusive licenses may not affect status if they don’t convey all significant rights.

It’s crucial to review all licensing agreements before claiming small entity status. Any change in licensing that affects status must be reported to the USPTO promptly.

To learn more:

• small entity status
• patent licensing
• USPTO fees

A security interest in a patent or patent application generally does not affect small entity status unless it is defaulted upon. According to 37 CFR 1.27(a)(5):

A security interest does not involve an obligation to transfer rights in the invention for the purposes of paragraphs (a)(1) through (a)(3) of this section unless the security interest is defaulted upon.

This means that an applicant or patentee can take out a loan secured by rights in a patent application or patent without losing small entity status, even if the lender is a large entity. However, if the loan is defaulted upon and the security interest is enforced, resulting in a transfer of rights to a non-small entity, the small entity status would be lost.

In such cases, the USPTO must be notified of the loss of entitlement to small entity status prior to or at the time of paying the earliest of the issue fee or any maintenance fee due after the date on which small entity status is no longer appropriate.

To learn more:

• security interest
• small entity status
• patent rights
• USPTO fees

How do I claim small entity status for a patent application?

To claim small entity status for a patent application, follow these steps:

• Determine eligibility: Ensure you meet the criteria for small entity status as defined in 37 CFR 1.27(a).
• Submit a written assertion: Provide a written assertion of entitlement to small entity status. This can be done by:
• Checking the appropriate box on a patent application transmittal form
• Submitting a separate paper specifically asserting small entity status
• Paying small entity fees (which is considered a written assertion)
• Timing: You can claim small entity status at any time during the pendency of the application or after the patent issues.

As stated in MPEP 509.03, “A small entity status assertion must be filed in each application or patent in which the small entity is desired to claim such status.”

To learn more:

• small entity status
• patent application
• USPTO fees

How do I calculate the application size fee for a patent application?

The application size fee is an additional charge for patent applications exceeding a certain number of pages. Here’s how to calculate it:

1. Count the total number of pages in your application, including specification, claims, abstract, and drawings.
2. Subtract 100 from the total page count (the first 100 pages are included in the basic filing fee).
3. If the result is positive, multiply it by the per-page fee.

According to MPEP 607: “The application size fee applies to any application filed under 35 U.S.C. 111 … the number of pages of specification, claims, and drawings (including all pages containing part of one of those items) is more than 100 pages.”

For current fee amounts, refer to the USPTO Fee Schedule. Remember, the application size fee is in addition to the basic filing fee.

To learn more:

• application size fee
• patent application
• fee calculation
• USPTO fees

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

No, paying a fee in a non-micro entity amount does not automatically change your entity status. According to MPEP 509.04(e):

Payment of a fee in other than the micro entity amount is not sufficient notification that micro entity status is no longer appropriate.

To properly notify the USPTO of a change in entity status, you must file a separate notification in the application or patent. This notification must be filed prior to or at the time of paying any fee after the date on which micro entity status is no longer appropriate.

To learn more:

• micro entity status
• USPTO fees
• entity status change
• patent fees

Whether you need to pay a fee to correct an error in a recorded assignment at the USPTO depends on the type of correction:

• Cover sheet corrections: No fee is required for submitting a corrective document to fix errors in the cover sheet data.
• Assignment document corrections: A recording fee is required when submitting a new corrective assignment document.

According to MPEP 323: “The recordation fee set forth in 37 CFR 1.21(h) is required for each application and patent against which the document is recorded.” This fee applies when recording a new corrective document, but not for simple cover sheet corrections.

For more information on USPTO fees, visit: USPTO fees.

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

Can I change my entity status during the patent application process?

Yes, you can change your entity status during the patent application process. The MPEP 509.03 states:

“Small entity status may be claimed in a pending application at any time before, or concurrently with, the payment of an issue fee.”

This means you can:

• Change from standard to small entity status
• Change from small entity to standard status
• Claim micro entity status if you qualify

To change your status, you must file a new written assertion of the desired status. Keep in mind that if you change to a higher fee status (e.g., from small to standard), you may need to pay any fee deficiencies for previously paid fees at the lower rate.

To learn more:

• entity status change
• patent application
• USPTO fees

Yes, a request for issuance to an assignee can be submitted after the issue fee is paid, but additional requirements apply:

1. The request must state that the assignment was submitted for recordation before patent issuance.
2. It must include a request for a certificate of correction under 37 CFR 1.323.
3. The appropriate fees must be paid, including the certificate of correction fee and a processing fee.

37 CFR 3.81(b) states: Any request for issuance of an application in the name of the assignee submitted after the date of payment of the issue fee, and any request for a patent to be corrected to state the name of the assignee, must state that the assignment was submitted for recordation as set forth in § 3.11 before issuance of the patent, and must include a request for a certificate of correction under § 1.323 of this chapter (accompanied by the fee set forth in § 1.20(a)) and the processing fee set forth in § 1.17(i) of this chapter.

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

Yes, there are fees associated with using the Electronic Patent Assignment System (EPAS). According to MPEP 302.10:

“Customers may submit assignments electronically by accessing the Office’s website and paying the required fee by credit card, electronic fund transfer (EFT) or deposit account.”

The specific fee amounts are not mentioned in this section of the MPEP, so it’s advisable to check the current USPTO Fee Schedule for the most up-to-date information on assignment recording fees.

To learn more:

• EPAS fees
• electronic submission fees
• USPTO fees
• assignment recording fees

Are there any fee reductions available for small entities or micro entities filing patent applications?

Yes, the USPTO offers significant fee reductions for small entities and micro entities. According to MPEP 607:

“Fees for a nonprovisional application for an original patent are reduced by 50% for a small entity and by 75% for a micro entity.”

To qualify for these reductions:

• Small Entity: Generally includes independent inventors, small businesses with fewer than 500 employees, and nonprofit organizations.
• Micro Entity: Must meet small entity requirements plus additional criteria related to application filings and income.

To claim these statuses, you must file the appropriate certification with your application. For detailed eligibility requirements and how to claim these statuses, refer to USPTO’s Micro Entity Guidance and Small Entity Status information.

To learn more:

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

Yes, there are exceptions to paying the recording fee at the USPTO. According to MPEP 302.06, no fee is required for certain documents related to Executive Order 9424. Specifically:

No fee is required for each patent application and patent against which a document required by Executive Order 9424 is to be filed if: (1) The document does not affect title and is so identified in the cover sheet (see § 3.31(c)(2)); and (2) The document and cover sheet are either: Faxed or electronically submitted as prescribed by the Director, or mailed to the Office in compliance with § 3.27.

This exception applies to specific government-related documents that do not affect the title of the patent or application.

To learn more:

• USPTO fees
• fee exceptions
• Executive Order 9424
• government documents