How should I submit correspondence that requires immediate USPTO attention?
For correspondence that requires immediate attention from the USPTO, such as certain petitions or time-sensitive documents, the following methods are recommended: Use the USPTO patent electronic filing system (EFS-Web or Patent Center). This is the preferred method for most immediate correspondence. Where permitted, use facsimile transmission to the appropriate area of the Office. Hand-carry the…
Read MoreDo I need to provide copies of U.S. patent documents when responding to an unlocatable file notice?
No, you do not need to provide copies of U.S. patent documents when responding to an unlocatable file notice. The MPEP clearly states: Since the Office can obtain copies of U.S. patent documents (U.S. patent application publications and patents) from its internal databases, the Office is not requiring applicants or patentees to provide copies of…
Read MoreDoes the USPTO provide advisory opinions on small entity status qualification?
No, the United States Patent and Trademark Office (USPTO) does not provide advisory opinions on whether an individual or organization qualifies for small entity status. The MPEP 509.03(a) clearly states: “The U.S. Patent and Trademark Office does not give advisory opinions as to whether or not a specific individual or organization qualifies as a small…
Read MoreWhat is the central facsimile number for patent application-related correspondence at the USPTO?
The central facsimile number for patent application-related correspondence at the USPTO is (571) 273-8300. According to MPEP 502.01: All patent application related correspondence transmitted by facsimile must be directed to the central facsimile number, with a few exceptions below. The central facsimile number is (571) 273-8300. This central number should be used for most patent-related…
Read MoreHow does the USPTO handle refunds for fees paid by credit card?
The USPTO has specific procedures for handling refunds of fees paid by credit card. According to MPEP 509: 35 U.S.C. 42(d) and 37 CFR 1.26 (which concern refund of patent and trademark fees) also apply to requests for refund of fees paid by credit card. Any refund of a fee paid by credit card will…
Read MoreWhat is the Credit Card Payment Form (PTO-2038) and when should it be used?
The Credit Card Payment Form (PTO-2038) is a specific form provided by the USPTO for making credit card payments for patent and trademark process fees. According to MPEP 509: Credit Card Payment Form (PTO-2038) should be used when paying a patent process or trademark process fee (or the fee for an information product) by credit…
Read MoreAre there any restrictions on paying USPTO fees by credit card?
Are there any restrictions on paying USPTO fees by credit card? Yes, there are some restrictions when paying USPTO fees by credit card: There’s a daily limit on credit card transactions. Some types of fees may not be eligible for credit card payment. Only certain credit cards are accepted. The MPEP 509 states, “The Office…
Read MoreCan the USPTO extend deadlines during a postal service emergency?
Yes, the USPTO has the authority to extend deadlines during a postal service emergency. This is based on the provisions outlined in MPEP 511 and 35 U.S.C. 21(a). Specifically, MPEP 511 states: The Director may designate the interruption or emergency as a ‘postal service interruption or emergency’ under 35 U.S.C. 21(a) and provide for ‘tolling’…
Read MoreWhat is the credit card security code requirement for USPTO online payments?
The USPTO requires a security code for credit card payments made through its website. According to MPEP 509: Credit card payment submissions made on the USPTO website at www.uspto.gov must include the 3-digit or 4-digit security code associated with the credit card in addition to the credit card number. The security code will not be…
Read MoreWhat happens if my USPTO deposit account balance falls below the minimum?
What happens if my USPTO deposit account balance falls below the minimum? If your USPTO deposit account balance falls below the minimum required balance of $1,000, there are consequences. According to MPEP 509.01, “An account holder who does not maintain the minimum balance will be notified and given a reasonable time to restore the account…
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