What constitutes “unintentional delay” in paying maintenance fees?
“Unintentional delay” in paying maintenance fees is a crucial concept for reinstating expired patents. According to MPEP 2590: “A person seeking reinstatement of an expired patent should not make a statement that the delay in payment of the maintenance fee was unintentional unless the entire delay was unintentional, including the period from discovery that the…
Read MoreWhat are the different types of entity status for patent maintenance fees?
What are the different types of entity status for patent maintenance fees? There are three types of entity status for patent maintenance fees: Large entity: Standard fee rate Small entity: 50% discount on fees Micro entity: 75% discount on fees The USPTO states in MPEP 2550: “Three different types of entity status are defined in…
Read MoreWhat are the types of intervening rights for reinstated patents?
There are two types of intervening rights for reinstated patents: Absolute intervening rights: These allow continued use of specific things made, purchased, or used before the reinstatement. Equitable intervening rights: These may be granted by the court to allow continued manufacture, use, or sale of additional products. As stated in MPEP 2591: “The court must…
Read MoreCan third parties request maintenance fee status information for patents they don’t own?
Yes, third parties can request maintenance fee status information for patents they don’t own. The MPEP 2570 states: “The Office will respond to requests for the maintenance fee status of patents.” This statement does not limit requests to patent owners only. Third parties can use the following methods to obtain maintenance fee status information: Use…
Read MoreHow does a terminal disclaimer affect maintenance fee payments?
A terminal disclaimer can affect the term of a patent, but it does not change the maintenance fee payment requirements. According to MPEP 2520: “The term of a patent might be shortened, e.g., by a terminal disclaimer. If a patent will expire part way between the due dates set in 35 U.S.C. 41(b), or between…
Read MoreCan I submit maintenance fee payments by facsimile to the USPTO?
Yes, the USPTO accepts maintenance fee payments via facsimile under certain conditions. According to the MPEP: “Payment of a maintenance fee is accepted via facsimile to the fax number stated on the Maintenance Fee Transmittal Form (SB/45), when charged to a deposit account or to a credit card.” To submit a maintenance fee payment by…
Read MoreHow should a petition under 37 CFR 1.377 be addressed and submitted?
The MPEP provides specific instructions for addressing and submitting a petition under 37 CFR 1.377: “Any petition under 37 CFR 1.377 should be marked on the front page of the communication to the attention of the Office of Petitions and addressed as follows: Mail Stop PetitionCommissioner for PatentsP.O. Box 1450Alexandria, Virginia 22313-1450″ It’s crucial to…
Read MoreHow to submit maintenance fee payments for multiple patents?
How to submit maintenance fee payments for multiple patents? When submitting maintenance fee payments for multiple patents, you can use a single payment submission. The MPEP states: “A single fee transmittal form may be used for submitting multiple maintenance fee payments.” (MPEP 2515) To do this effectively: Include all necessary information for each patent on…
Read MoreHow can I submit maintenance fee payments electronically?
Maintenance fee payments can be submitted electronically through the USPTO’s Patent Maintenance Fees Storefront. As stated in MPEP 2510: “Maintenance fee payments can be made electronically over the Internet at www.uspto.gov by credit card, electronic funds transfer (EFT), or by an USPTO deposit account.” This electronic system provides a convenient and secure way to pay…
Read MoreWho can sign a petition under 37 CFR 1.377?
The MPEP provides specific guidelines on who can sign a petition under 37 CFR 1.377. According to the manual: “Any petition filed under 37 CFR 1.377 must comply with the requirements of 37 CFR 1.181(b) and must be signed by an attorney or agent registered to practice before the Office, or by the patentee, the…
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