What happens if I lose entitlement to micro entity status?
If you lose entitlement to micro entity status, you must: File a notification of loss of entitlement to micro entity status in the application or patent Pay the required fee in the small entity or undiscounted amount, as appropriate The notification must be filed prior to or at the time of paying the earliest fee…
Read MoreHow does the application filing limit work for micro entity status?
The application filing limit for micro entity status works as follows: An applicant must not have been named as an inventor on more than 4 previously filed patent applications This limit excludes provisional applications, foreign applications, and PCT applications where the basic national fee was not paid Applications filed as a result of previous employment…
Read MoreWhat happens if a patent application is filed with informal papers?
If a patent application is filed with informal papers (e.g., typed on both sides of the paper, not permanent, legible, or reproducible), the USPTO will still accord a filing date if the application otherwise meets the requirements. The MPEP states: OPAP accords a filing date, as of the date indicated by the “Office Date” stamp…
Read MoreHow do I certify micro entity status?
To certify micro entity status, you must file a certification form with the USPTO. The USPTO provides two forms: Form PTO/SB/15A for certifying under the gross income basis Form PTO/SB/15B for certifying under the institution of higher education basis The certification must be signed by an authorized party as defined in 37 CFR 1.33(b). It…
Read MoreCan I use the “Hold for Pickup” service when sending Priority Mail Express® to the USPTO?
No, you should not use the “Hold for Pickup” service option when sending Priority Mail Express® to the USPTO. The reasons for this are: The USPTO does not have resources for picking up mail Mail sent using the “Hold for Pickup” service will not reach the Office Always use the standard Priority Mail Express® Post…
Read MoreCan foreign applicants qualify for micro entity status?
Yes, foreign applicants can qualify for micro entity status if they meet all the requirements. The USPTO states in MPEP 509.04(a): Small entities may claim reduced fees regardless of the country in which they are located. There is no restriction requiring that the person, small business concern, or nonprofit organization be located in the United…
Read MoreCan I file patent applications on weekends or federal holidays?
The USPTO is not open for filing correspondence on Saturdays, Sundays, or federal holidays within the District of Columbia. However, there are exceptions: Correspondence deposited as Priority Mail Express® with the USPS in accordance with 37 CFR 1.10 is considered filed on the date of deposit, even on weekends or holidays Electronic filing systems may…
Read MoreWhat should I do if I can’t file my patent application electronically or by Priority Mail Express® due to an emergency?
If you cannot file your patent application electronically or by Priority Mail Express® due to an emergency, consider the following options: Use first-class mail with a Certificate of Mailing under 37 CFR 1.8 Hand-deliver the application to the USPTO, if possible If the emergency is a designated postal service interruption, follow the specific instructions provided…
Read MoreWhat should I do if I’ve misused a Certificate of Mailing or Transmission?
If you’ve misused a Certificate of Mailing or Transmission, it’s important to address the issue promptly and honestly. The USPTO takes the integrity of these certificates seriously. The MPEP states: Misuse of a Certificate of Mailing under 37 CFR 1.8 or improperly claiming the benefit of 37 CFR 1.10 which appears to be more than…
Read MoreWhat happens if a patent application is filed without all the pages of the specification?
If a patent application is filed without all the pages of the specification, the USPTO will notify the applicant of the missing parts. The MPEP refers to this situation: See MPEP § 601.01(d)-(g) where the application is filed without all the pages of the specification, without at least one claim (nonprovisional design application), without drawings,…
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