How does the USPTO handle discounted maintenance fee payments without proper entity status?
When a maintenance fee payment is submitted at a discounted rate (small or micro entity) without proper documentation of entity status, the USPTO will consider it insufficient. According to MPEP 2531: “If a payment is deemed insufficient because the payment was submitted in a discounted amount but entitlement to the entity status (small or micro)…
Read MoreWhat are the different types of entity status for patent maintenance fees?
What are the different types of entity status for patent maintenance fees? There are three types of entity status for patent maintenance fees: Large entity: Standard fee rate Small entity: 50% discount on fees Micro entity: 75% discount on fees The USPTO states in MPEP 2550: “Three different types of entity status are defined in…
Read MoreHow is the transmittal fee for an international design application determined?
The transmittal fee for an international design application filed through the USPTO as an office of indirect filing is determined based on the entity status of the applicant. According to MPEP 2910: “The transmittal fee is discounted for small and micro entities. Payment, by any party, of the exact amount of the small entity transmittal…
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 MoreHow can I establish or change my entity status for maintenance fee purposes?
Establishing or changing your entity status (standard, small, or micro) for maintenance fee purposes is crucial for ensuring correct payment amounts. MPEP 2531 refers to this process: “See MPEP ยง 2550 for information on establishing or changing an entity status for the purpose of paying a maintenance fee.” To establish or change your entity status:…
Read MoreHow does entity status affect ex parte reexamination fees?
The entity status of the requester affects the fees for ex parte reexamination requests under 35 U.S.C. 302. According to the MPEP: “Pursuant to 37 CFR 1.20(c)(1) and (c)(2), there are different filing fees for a large entity, a small entity and a micro entity, when filing a request for ex parte reexamination under 35…
Read MoreWhat are entity status discounts for maintenance fees?
Entity status discounts are reduced maintenance fees available for patentees who can establish entitlement to small or micro entity status. According to MPEP 2550, “Reduced maintenance fees are available for patentees that can establish entitlement to small or micro entity status.” This means that qualifying entities can pay lower fees to maintain their patents. To…
Read More