What is the impact of intervening rights on patent enforcement?
Intervening rights can significantly impact patent enforcement after a patent has been reinstated. According to MPEP § 2591, the patent holder’s ability to enforce their rights may be limited against certain parties who acted during the lapse period. The MPEP states: “No patent, the term of which has been maintained as a result of the…
Read MoreHow should maintenance fee payments be submitted to the USPTO?
Maintenance fee payments should be submitted according to specific guidelines outlined in MPEP 2515. Key points include: Payments must be submitted in the amount due on the date of payment Fees can be paid in the manner set forth in 37 CFR 1.23 or by authorization to charge a deposit account Payments must be submitted…
Read MoreHow can I pay maintenance fees online to the USPTO?
Maintenance fees can be paid online through the USPTO’s Patent Maintenance Fees Storefront. The MPEP states: “Maintenance fee payments can be made quickly and easily over the internet at www.uspto.gov by electronic funds transfer (EFT), credit card or deposit account payment methods.” To pay online: Visit the Patent Maintenance Fees Storefront. Choose your payment method…
Read MoreHow can I designate a fee address for maintenance fee purposes?
To designate a fee address for maintenance fee purposes, you can use the following methods: At the time of issue fee payment, submit a “Fee Address” Indication Form (PTO/SB/47) as an attachment to the Issue Fee Transmittal (PTOL-85B). After issue fee payment, submit a “Fee Address” Indication Form (PTO/SB/47), and if necessary, a Request for…
Read MoreHow do I claim small entity status for patent maintenance fees?
How do I claim small entity status for patent maintenance fees? To claim small entity status for patent maintenance fees, follow these steps: Verify that you meet the small entity requirements as defined in MPEP 2550. Submit a written assertion of entitlement to small entity status. Pay the reduced fee amount for small entities. According…
Read MoreHow can I check the maintenance fee payment status of a patent?
There are two primary methods to check the maintenance fee payment status of a patent: Online: Visit the USPTO’s Maintenance Fee webpage. Enter the patent number and corresponding application number in the appropriate fields. By Phone: Call the USPTO’s Maintenance Fee Branch. Note that telephone status requests are limited to two patent numbers per call.…
Read MoreHow can I check the maintenance fee payment status for a specific patent?
To check the maintenance fee payment status for a specific patent, you can use the following methods: Visit the USPTO’s Patent Maintenance Fees Storefront and enter the patent number. Use the Patent Application Information Retrieval (PAIR) system to access detailed maintenance fee information. Contact the USPTO’s Office of Finance directly at 571-272-6500. According to MPEP…
Read MoreHow can I change the correspondence address for a patent?
To change the correspondence address for a patent, you can follow these steps: Use the Office form Change of Correspondence Address, Patent (PTO/SB/123) to request a change for an issued patent. Send the request to the Office of Patent Application Processing during the enforceable life of the patent. Include both the patent number and the…
Read MoreWhat happens if there are informalities in my maintenance fee payment?
If there are informalities in your maintenance fee payment, the USPTO may specially accept the payment under certain scenarios. According to the MPEP, If the Office specially accepts a payment under any one of scenarios I – III below, a Notice of Special Acceptance of Patent Maintenance Fee (PTO-2143) will be mailed to the submitter…
Read MoreHow can I hand-deliver maintenance fee payments to the USPTO?
The USPTO allows for hand delivery of maintenance fee payments. According to the MPEP: “Maintenance fee payments may be hand-carried to the Patent Customer Service Window in Room 1B11 of the Randolph Building, 401 Dulany Street, Alexandria, VA 22314.” When hand-delivering a maintenance fee payment: Place the payment in an envelope with “MAINTENANCE FEE” written…
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