What is the grace period for paying maintenance fees?
The grace period for paying maintenance fees is specified in 37 CFR 1.362(e). While MPEP 2531 doesn’t explicitly state the duration of the grace period, it references this regulation: “Reply to the notice is required prior to expiration of the grace period provided by 37 CFR 1.362(e) in order to avoid the expiration of the…
Read MoreIs there a grace period for paying maintenance fees?
Yes, there is a grace period for paying maintenance fees. According to MPEP 2501: “Unless payment of the applicable maintenance fee under paragraph (1) is received in the Office on or before the date the fee is due or within a grace period of 6 months thereafter, the patent shall expire as of the end…
Read MoreHow should foreign entities pay patent maintenance fees to the USPTO?
Foreign entities must adhere to specific requirements when paying patent maintenance fees to the USPTO. MPEP 2522 provides the following guidance: “Any remittance from a foreign country must be payable and immediately negotiable in the United States for the full amount of the maintenance fee and/or surcharge required.“ This means that foreign entities should ensure…
Read MoreWhere can I find the current patent maintenance fee amounts?
To find the current patent maintenance fee amounts, you have two primary options according to MPEP 2520: Contact the Maintenance Fee Branch of the USPTO directly. Visit the USPTO Fee Information website. The MPEP states: “The Maintenance Fee Branch may be contacted or the USPTO Fee Information website (www.uspto.gov/Fees) may be accessed for the current…
Read MoreWhere can I find the phone number to check patent maintenance fee status?
The MPEP does not directly provide the phone number for checking patent maintenance fee status in section 2570. However, it does provide guidance on where to find this information: “See MPEP § 1730 for the telephone number.” To find the correct phone number: Refer to MPEP § 1730 Look for the contact information for the…
Read MoreHow can I file a petition for delayed payment of maintenance fees?
To file a petition for delayed payment of maintenance fees, follow these steps according to MPEP 2590: Use form PTO/SB/66, available on the USPTO forms website. Mark the front page of the communication “Attention: Office of Petitions”. Address the petition to:Mail Stop PetitionCommissioner for PatentsP.O. Box 1450Alexandria, Virginia 22313-1450 Include the required maintenance fee, petition…
Read MoreWhat fees are associated with filing a petition under 37 CFR 1.377?
When filing a petition under 37 CFR 1.377, there are specific fees that must be paid. The MPEP states: “The petition must be accompanied by the proper petition fee (37 CFR 1.17(g)).“ It’s important to note that the petition fee is separate from the maintenance fee itself. However, there is a provision for potentially refunding…
Read MoreCan a fee address be directed to multiple addresses?
No, a fee address cannot be directed to multiple addresses. According to MPEP 2540: “Maintenance fee correspondence will not be directed to more than one address.” This means that all communications related to maintenance fees will be sent to a single designated fee address. It’s important for patent owners to ensure that the designated fee…
Read MoreWhat are the exceptions to maintenance fee requirements for patents?
What are the exceptions to maintenance fee requirements for patents? There are specific exceptions to maintenance fee requirements for certain types of patents. According to MPEP 2504: Design patents are not subject to maintenance fees Plant patents issued from applications filed before June 8, 1995 are not subject to maintenance fees Plant patents issued from…
Read MoreAre there any exceptions to paying maintenance fees at the small entity rate?
Yes, there are exceptions to paying maintenance fees at the small entity rate, particularly for certain government organizations. The MPEP 2550 states: “A federal agency paying a maintenance fee on a patent based on a license from a federal employee inventor is not eligible to pay the small entity maintenance fee rate.” This means that…
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