How can I claim entitlement to small entity status for maintenance fees?
To claim small entity status for maintenance fees, you must file a written assertion of entitlement to small entity status. According to MPEP 2550: “In order to establish small entity status for the purpose of paying a maintenance fee, a written assertion of entitlement to small entity status must be filed prior to or with…
Read MoreCan a patent owner change entity status between maintenance fee payments?
Yes, a patent owner can change entity status between maintenance fee payments. The MPEP 2550 states: “If status as a small entity has been previously established by filing an assertion of small entity status and the patentee subsequently ceases to qualify for small entity status, a new determination of entity status will be necessary at…
Read MoreCan I change my entity status after paying a maintenance fee?
Can I change my entity status after paying a maintenance fee? Yes, you can change your entity status after paying a maintenance fee, but there are important considerations: If you change from a higher fee-paying entity to a lower fee-paying entity (e.g., large to small), you cannot receive a refund for previously paid fees. If…
Read MoreHow does changing the correspondence address affect power of attorney in patent cases?
Changing the correspondence address in a patent case does not automatically affect the power of attorney. Key points to note: A change of correspondence address does not revoke an existing power of attorney The attorney of record can change the correspondence address Applicants can file a separate request to change the address without affecting the…
Read MoreDo I need to withdraw as a practitioner to change the correspondence address?
No, you do not need to withdraw as a practitioner solely to change the correspondence address. The MPEP clearly states: “It is not required that a practitioner file a request for permission to withdraw pursuant to 37 CFR 1.36 solely for the purpose of changing the correspondence address in a patented file.” This means that…
Read MoreHow can I change my entity status for maintenance fee payments?
To change your entity status for maintenance fee payments, you have several options: For payments by mail, facsimile, or hand delivery: Include a paper changing the entity status with your maintenance fee payment. For online payments: Change your entity status before submitting the payment. MPEP 2550 suggests: “Before submitting a payment via the Patent Maintenance…
Read MoreHow do I change the correspondence address for a pending patent application?
To change the correspondence address for a pending patent application, follow these steps: Use the Office form Change of Correspondence Address, Application (PTO/SB/122). Submit the form to the USPTO, ensuring all required information is provided. Include both the application number and, if known, the filing date to expedite processing. The MPEP advises: “To ensure accuracy…
Read MoreCan maintenance fees be refunded?
Maintenance fees are generally not refundable, with limited exceptions. According to MPEP 2515, which cites 37 CFR 1.366(g): “Maintenance fees and surcharges relating thereto will not be refunded except in accordance with ยงยง 1.26 and 1.28(a).“ This means that refunds are only possible in specific circumstances, such as when fees were paid by mistake or…
Read MoreCan an assignee revoke a previous power of attorney in a patent case?
Yes, an assignee can revoke a previous power of attorney in a patent case. According to MPEP 2560, “the assignee may revoke a previous power of attorney.” This means that when the ownership of a patent or patent application is transferred, the new owner (assignee) has the authority to revoke any existing power of attorney…
Read MoreHow are maintenance fee due dates calculated for patents?
How are maintenance fee due dates calculated for patents? Maintenance fee due dates for patents are calculated based on the date the patent was granted. According to MPEP 2506: “Three maintenance fees as required by 35 U.S.C. 41(b) are due at 3 1/2, 7 1/2 and 11 1/2 years after the date of grant of…
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