What are the requirements to qualify for micro entity status?
To qualify for micro entity status, an applicant must meet the following requirements: Qualify as a small entity Not be named as an inventor on more than 4 previously filed patent applications Not have a gross income exceeding 3 times the median household income in the previous calendar year Not have assigned, licensed, or be…
Read MoreHow long does micro entity status last?
Micro entity status, once properly established, generally remains in effect until: A fee is paid in the small entity or undiscounted amount A notification of loss of entitlement to micro entity status is filed The issue fee or a maintenance fee is due However, the applicant has a continued obligation to verify eligibility for micro…
Read MoreWhat is the application size fee and when does it apply?
The application size fee is an additional fee that applies to patent applications with specifications and drawings exceeding 100 sheets of paper. The MPEP states: 37 CFR 1.16(s) sets forth the application size fee for any application (including any reissue applications) filed under 35 U.S.C. 111, the specification and drawings of which exceed 100 sheets…
Read MoreWhat types of patent applications and documents can be filed via EFS-Web?
The following types of patent applications and documents can be filed via EFS-Web: Provisional patent applications under 35 U.S.C. 111(b) Nonprovisional utility patent applications under 35 U.S.C. 111(a) Nonprovisional design patent applications under 35 U.S.C. 111(a) International applications filed under the PCT in the United States Receiving Office National stage submissions under 35 U.S.C. 371…
Read MoreWhat is the purpose of a return postcard when filing a patent application?
A return postcard serves as prima facie evidence of receipt by the USPTO of all items listed on the postcard. It should include detailed identifying information such as: Inventor’s name Application number (if known) Confirmation number (if known) Filing date Title of the invention Type of paper being filed Number of pages for each component…
Read MoreWhat is an application number and how is it assigned?
An application number consists of a series code and a serial number. It is assigned by the Office of Patent Application Processing (OPAP) immediately after mail has been opened. For applications filed using the USPTO patent electronic filing system, EFS-Web provides an Acknowledgement Receipt containing a time and date stamp, application number, and confirmation number.…
Read MoreWhat is a confirmation number in a patent application?
A confirmation number is a four-digit number assigned to each newly filed patent application. It is used in combination with the application number to verify the accuracy of the application number on correspondence filed with the USPTO. This helps avoid misidentification due to transposition errors. The MPEP states: ‘The confirmation number is a four-digit number…
Read MoreWhat happens if a nonprovisional patent application is filed without all required fees?
If a nonprovisional patent application is filed without all required fees, the USPTO will send a notice to the applicant. According to the MPEP: Filing dates are accorded to nonprovisional applications filed under 37 CFR 1.53(b) submitted without the… required fees (basic filing fee, and search and examination fees (for applications filed on or after…
Read MoreWhat is the filing date for applications properly filed under 37 CFR 1.10 (Priority Mail Express)?
For applications properly filed under 37 CFR 1.10 using Priority Mail Express, the filing date is the date the application was deposited with the U.S. Postal Service. The MPEP states: For applications properly filed under 37 CFR 1.10, the filing date is the date that the application was deposited as Priority Mail Express® in the…
Read MoreCan the filing of an inventor’s oath or declaration be postponed in a nonprovisional application?
Yes, for applications filed on or after September 16, 2012 (except reissue applications), the filing of an inventor’s oath or declaration can be postponed. The MPEP states: For applications filed on or after September 16, 2012 (except reissue applications), applicant may postpone filing the inventor’s oath or declaration until the application is in condition for…
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