What happens if my petition for delayed payment of maintenance fees is refused?
If your petition for delayed payment of maintenance fees is refused, you have options according to MPEP 2590: Petition for Reconsideration: You can file a petition for reconsideration within two months of the decision, or within the time specified in the decision. Refund of Maintenance Fee: If the delayed payment is not accepted, the maintenance…
Read MoreAre there reduced maintenance fees for small and micro entities?
Yes, there are significant reductions in maintenance fees for small and micro entities. According to MPEP 2520: “The maintenance fee amounts (37 CFR 1.20(e)-(h)) are subject to a 50% reduction for small entities pursuant to 35 U.S.C. 41(h) and a 75% reduction for micro entities.” This means that small entities pay only half of the…
Read MoreWhat forms are recommended for submitting maintenance fees?
The Manual of Patent Examining Procedure (MPEP) recommends two main forms for submitting maintenance fees: “Maintenance Fee Transmittal Form,” Form PTO/SB 45: This form is used for submitting the actual maintenance fee. “‘Fee Address’ Indication Form,” Form PTO/SB/47: This form is used for establishing a fee address for maintenance fee purposes. As stated in MPEP…
Read MoreWhat are the time limits for filing a petition under 37 CFR 1.377?
The time limits for filing a petition under 37 CFR 1.377 are specific and must be strictly adhered to. According to the MPEP: “Any petition filed under 37 CFR 1.377 must be filed within 2 months of the action complained of, or within such other time as may be set in the action complained of.“…
Read MoreWhat form should I use to petition for acceptance of a late maintenance fee payment?
If you need to petition for acceptance of a late maintenance fee payment, you should use Form PTO/SB/66. According to MPEP 2595: “Form PTO/SB/66 (“Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent ( 37 CFR 1.378(b) )”) may be used to file a petition under 37 CFR 1.378(b).” This form…
Read MoreHow can I pay maintenance fees for multiple patents at once?
You can submit maintenance fee payments for multiple patents in a single submission. MPEP 2522 provides guidance on this process: “Maintenance fees for a number of patents can be submitted together in one submission and one payment. 37 CFR 1.366(e) specifies that if maintenance fee payments for more than one patent are submitted together, they…
Read MoreWhich patents are subject to maintenance fees?
Maintenance fees are required for utility patents based on applications filed on or after December 12, 1980. As stated in MPEP 2504: “Maintenance fees are required to be paid in all patents based on applications filed on or after December 12, 1980, except as noted in paragraph (b) of this section, to maintain a patent…
Read MoreHow is the patent term affected by maintenance fees?
The payment of maintenance fees is crucial for maintaining the full term of a utility patent. According to MPEP 2504: “Subject to the payment of maintenance fees and any patent term extension, adjustment, or disclaimer, the patent term begins on the date the patent issues and ends 20 years from the date the application was…
Read MoreCan a patent be reinstated after expiration due to non-payment of maintenance fees?
Yes, a patent can be reinstated after expiration due to non-payment of maintenance fees under certain conditions. The MPEP 2590 outlines the process for patent reinstatement: “The patent may be reinstated if the delay in payment of the maintenance fee was unintentional.” Key points about patent reinstatement: A petition for reinstatement must be filed within…
Read MoreCan a registered patent practitioner withdraw from multiple applications simultaneously?
Yes, a registered patent practitioner can withdraw from multiple applications simultaneously. The process is as follows: File a single request listing all affected application and patent numbers. Include the correspondence address for each application or patent. If applicable, provide new attorney registration numbers for each case. According to MPEP 2560: “A request for withdrawal from…
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