What are the benefits of paying USPTO maintenance fees online?
Paying USPTO maintenance fees online offers several advantages: Speed and Convenience: The MPEP states that payments can be made “quickly and easily over the internet.” Immediate Confirmation: According to the MPEP, “Payment receipts for all payments submitted over the internet are available immediately in the Patent Maintenance Fees Storefront after the payment is processed.” Multiple…
Read MoreHow can an attorney withdraw from representing a patent applicant?
An attorney can withdraw from representing a patent applicant by following these steps: File a request to withdraw as attorney of record with the USPTO Provide reasons for the withdrawal Sign the request Include the application number and applicant name Provide the correspondence address According to MPEP 2560, “When an attorney has been appointed, the…
Read MoreHow can an attorney withdraw from representation in a patent case?
An attorney can withdraw from representation in a patent case by following these steps: File a request to withdraw in accordance with 37 CFR 1.36. The request should include the correspondence address of the applicant or patent owner. If the applicant/owner is represented by a new attorney, include the new attorney’s registration number. The Office…
Read MoreWhat is the impact of attorney withdrawal on maintenance fee payments?
The withdrawal of an attorney can impact maintenance fee payments in the following ways: The responsibility for payment shifts to the patent owner if no new attorney is appointed. The USPTO will send maintenance fee reminders to the correspondence address on record. If the address changes due to withdrawal, the patent owner must update it…
Read MoreWhat happens if an attorney dies or becomes legally incapacitated during patent proceedings?
If an attorney dies or becomes legally incapacitated during patent proceedings, the following occurs: The power of attorney is automatically terminated The Office may require proof of incapacity The applicant must appoint a new attorney or act pro se MPEP 2560 states, “The power of attorney of a deceased attorney is terminated when the Office…
Read MoreAre the forms mentioned in MPEP 2595 mandatory for maintenance fee submissions?
While the forms mentioned in MPEP 2595 are recommended, they are not strictly mandatory. The MPEP uses the word “suggested” when referring to these forms: “The following forms are suggested when submitting a maintenance fee or establishing a fee address for maintenance fee purposes.” However, using these official forms is highly recommended as they ensure…
Read MoreWhat activities are protected by intervening rights?
Intervening rights protect a range of activities related to the patented invention during the lapse period. MPEP § 2591 outlines the following protected activities: Making Purchasing Importing Using Selling to others for use or sale The MPEP specifically states: “…the right of any person or his or her successors in business who made, purchased, imported,…
Read MoreWhat are the acceptable methods of payment for patent maintenance fees?
According to MPEP 2522, the acceptable methods of payment for patent maintenance fees are: Cashier’s or certified check Treasury note National bank notes United States Postal Service money order Credit card Authorization to charge a deposit account The MPEP states: “The payment shall be made in U.S. dollars and in the form of a cashier’s…
Read MoreWhat is the difference between absolute and equitable intervening rights?
The main differences between absolute and equitable intervening rights are: Absolute intervening rights: Apply automatically Cover specific items made, purchased, or used before reinstatement Allow continued use without additional court approval Equitable intervening rights: Require court approval May allow continued manufacture, use, or sale of additional products Considered on a case-by-case basis MPEP 2591 states:…
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