What should I do if I don’t have any record of correspondence with the USPTO for an unlocatable file?
If you don’t possess any record of correspondence with the USPTO for an application, patent, or other proceeding that is the subject of an unlocatable file notice, you must still respond to the notice. According to 37 CFR 1.251(a)(3): If applicant or patentee does not possess any record of the correspondence between the Office and…
Read MoreCan a nonprofit organization qualify for small entity status?
Yes, nonprofit organizations can qualify for small entity status under certain conditions. According to 37 CFR 1.27(a)(3), a nonprofit organization that qualifies for small entity status is one that: Has not assigned, granted, conveyed, or licensed any rights in the invention to a non-small entity Is either: A university or other institution of higher education…
Read MoreWhat should I do if I lose entitlement to small entity status?
If you lose entitlement to small entity status, you must notify the USPTO before or at the time of paying the earliest of the issue fee or any maintenance fee due after the change. According to 37 CFR 1.27(g)(2): ‘notification of any change in status resulting in loss of entitlement to small entity status be…
Read MoreWhat is required when notifying the USPTO of a loss of micro entity status?
When notifying the USPTO of a loss of micro entity status, the following requirements must be met: The notification must be filed in the application or patent prior to paying, or at the time of paying, any fee after the date on which micro entity status is no longer appropriate. The notification must be signed…
Read MoreWhat happens if I overpaid fees due to incorrect micro entity status?
What happens if I overpaid fees due to incorrect micro entity status? If you paid fees as a non-micro entity when you were actually entitled to micro entity status, resulting in an overpayment, you may be eligible for a refund. The MPEP 509.04(f) states: “A refund based upon establishment of micro entity status may only…
Read MoreWhat happens if my USPTO deposit account becomes overdrawn?
If your USPTO deposit account becomes overdrawn, several consequences may occur: Account Suspension: The MPEP states, An overdrawn account will be immediately suspended and no charges will be accepted against it until a proper balance is restored, together with a payment of $10 (37 CFR 1.21(b)(1)) to cover the work done by the U.S. Patent…
Read MoreWhat are the signature requirements for correspondence in patent applications?
The signature requirements for correspondence in patent applications are outlined in MPEP 502.02. The section states: 37 CFR 1.4(d) sets forth the signature requirements for correspondence filed in the Office. Specifically, 37 CFR 1.4(d) provides that: The signature requirements vary depending on the type of correspondence and the method of submission. Generally, they include: Handwritten…
Read MoreWhat types of patent-related correspondence can be sent by facsimile to the USPTO?
According to MPEP 502.01, various types of patent-related correspondence can be transmitted by facsimile to the USPTO, including: Continued Prosecution Applications (CPAs) filed under 37 CFR 1.53(d) (for design applications only) Amendments Declarations Petitions Information Disclosure Statements (IDS) Terminal disclaimers Notices of appeal and appeal briefs Requests for Continued Examination (RCEs) under 37 CFR 1.114…
Read MoreWhat is the role of a patent practitioner in signing a micro entity certification?
A patent practitioner plays a crucial role in signing micro entity certifications. According to MPEP 509.04(c), a patent practitioner can sign a micro entity certification in two capacities: As a patent practitioner of record As a patent practitioner not of record who acts in a representative capacity under the provisions of 37 CFR 1.34 Moreover,…
Read MoreWhat are the signature requirements for patent practitioners in correspondence with the USPTO?
What are the signature requirements for patent practitioners in correspondence with the USPTO? Patent practitioners (e.g., registered attorneys or agents) must follow specific signature requirements when corresponding with the USPTO: They must personally sign correspondence using either a handwritten signature or an S-signature. An S-signature is inserted between forward slash marks and includes the practitioner’s…
Read More