What are examples of late or insufficient maintenance fee payments?
The MPEP 2531 provides several examples of when maintenance fee payments may be considered late or insufficient: Additional funds are required due to surcharge or fee increase, even though a payment was received. A payment for the small entity fee was received, but the patent file does not indicate that an assertion of small entity…
Read MoreWhat is a fee address and how do I establish one for maintenance fee purposes?
A fee address is a designated address for correspondence related to maintenance fees. To establish a fee address for maintenance fee purposes, you should use the “‘Fee Address’ Indication Form,” Form PTO/SB/47. MPEP 2595 states: “The following forms are suggested when submitting a maintenance fee or establishing a fee address for maintenance fee purposes. […]…
Read MoreHow do I establish micro entity status for maintenance fee payments?
To establish micro entity status for maintenance fee payments, you must file a written certification of micro entity status. MPEP 2550 states: “In order to establish micro entity status for the purpose of paying a maintenance fee, a written certification of micro entity status must be filed prior to or at the time the maintenance…
Read MoreHow can I establish or change my entity status for maintenance fee purposes?
Establishing or changing your entity status (standard, small, or micro) for maintenance fee purposes is crucial for ensuring correct payment amounts. MPEP 2531 refers to this process: “See MPEP § 2550 for information on establishing or changing an entity status for the purpose of paying a maintenance fee.” To establish or change your entity status:…
Read MoreWhat are entity status discounts for maintenance fees?
Entity status discounts are reduced maintenance fees available for patentees who can establish entitlement to small or micro entity status. According to MPEP 2550, “Reduced maintenance fees are available for patentees that can establish entitlement to small or micro entity status.” This means that qualifying entities can pay lower fees to maintain their patents. To…
Read MoreCan maintenance fees be paid early?
Can maintenance fees be paid early? Yes, maintenance fees can be paid early. The MPEP 2506 states: “A maintenance fee may be paid without surcharge at any time during the 6-month period preceding each due date (3 1/2, 7 1/2, and 11 1/2 years after grant).” This means that patent holders have a 6-month window…
Read MoreWhat happens if a duplicate maintenance fee payment is submitted for a patent?
When a duplicate maintenance fee payment is submitted for a patent, the USPTO’s handling depends on whether the payment complies with 37 CFR 1.366(c). The MPEP states: “If the duplicate payment does not comply with 37 CFR 1.366(c) by not containing both the patent number and the corroborating application number, the Office will return the…
Read MoreDoes an assignment automatically revoke a previous power of attorney in patent cases?
No, an assignment does not automatically revoke a previous power of attorney in patent cases. The MPEP 2560 clearly states: “It should be noted that an assignment does not act as a revocation of power of attorney for authorization previously given.” This means that even if the ownership of a patent or patent application changes,…
Read MoreCan I designate a separate fee address for maintenance fee communications?
Yes, you can designate a separate fee address specifically for maintenance fee communications. This is particularly useful if you want to direct maintenance fee notices to a different address than other patent correspondence. The MPEP states: “Practitioners of record when the patent issues who do not wish to receive correspondence relating to maintenance fees must…
Read MoreDo design or plant patents require maintenance fees?
No, design and plant patents do not require maintenance fees. The MPEP 2501 clearly states: “No fee may be established for maintaining a design or plant patent in force.” This means that once a design or plant patent is granted, it remains in force for its full term without the need for periodic maintenance fee…
Read More