Can I pay patent maintenance fees with a credit card?
Yes, you can pay patent maintenance fees with a credit card. According to MPEP 2522: “The maintenance fee can be charged to a credit card as set forth in 37 CFR 1.23(b), but credit for the payment is subject to actual receipt of the fee by the Office.“ When using a credit card for payment,…
Read MoreCan maintenance fees be paid in advance?
No, maintenance fees cannot be paid in advance. The MPEP 2506 clearly states: “Maintenance fees cannot be paid in advance since 35 U.S.C. 41(f) permits maintenance fees to be adjusted every year on October 1 to reflect any fluctuations during the previous 12 months in the Consumer Price Index as determined by the Secretary of…
Read MoreAre maintenance fees refundable if a patent expires early?
Generally, maintenance fees are not refundable if a patent expires early. The MPEP 2520 provides clear guidance on this matter: “37 CFR 1.366(g) provides that maintenance fees and surcharges relating thereto will not be refunded except in accordance with 37 CFR 1.26 and 1.28(a). A patentee cannot obtain a refund of a maintenance fee that…
Read MoreCan maintenance fees be prorated for patents expiring between due dates?
No, maintenance fees cannot be prorated for patents expiring between due dates. The MPEP 2520 clearly states: “If a patent will expire part way between the due dates set in 35 U.S.C. 41(b), or between the latest due date and the term set in 35 U.S.C. 154, it is still required that the entire maintenance…
Read MoreWhat payment methods are accepted for patent maintenance fees?
The USPTO accepts various payment methods for patent maintenance fees. According to 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.” Additionally, for those who prefer non-electronic methods, the MPEP states: “Payments may be made by check,…
Read MoreWhat information should I include when submitting a maintenance fee payment?
When submitting a maintenance fee payment, it is strongly recommended to include both a telephone number and a mailing address for the fee submitter. As stated in the MPEP, It is strongly recommended that a maintenance fee submission by mail or facsimile include both a telephone number and a mailing address for the fee submitter…
Read MoreHow are maintenance fee amounts determined for patents?
Maintenance fee amounts for patents are set by 37 CFR 1.20(e)-(h) and are subject to adjustment based on fluctuations in the Consumer Price Index, as per 35 U.S.C. 41(f). The MPEP states: “The maintenance fee amounts are subject to adjustment to reflect fluctuations occurring in the Consumer Price Index pursuant to 35 U.S.C. 41(f).” Additionally,…
Read MoreDoes assigning a patent application or patent change the fee address?
No, assigning a patent application or patent does not automatically change the fee address. According to MPEP 2540, which cites 37 CFR 1.363(b): “An assignment of a patent application or patent does not result in a change of the ‘correspondence address’ or ‘fee address’ for maintenance fee purposes.” This means that if you want to…
Read MoreHow does a change in ownership affect entity status for maintenance fees?
A change in ownership can affect the entity status for maintenance fees if the new owner has a different status. The MPEP 2550 provides guidance: “The status of the entity must be determined each time a maintenance fee is due and the proper fee must be submitted. The payment of the small entity fee is…
Read MoreWhat information is published in the Official Gazette regarding maintenance fees?
The Official Gazette publishes several types of notices related to maintenance fees. According to MPEP 2575: A notice indicating which patents have been granted 3, 7, and 11 years earlier, that the window period has opened, and that maintenance fee payments will now be accepted for those patents. A notice published after the expiration of…
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