What happens if all required fees are not paid when filing a supplemental examination request?
If all required fees for supplemental examination are not paid at the time of filing the request, the following consequences will occur: The request will be considered defective A filing date will not be granted The processing of the request will be terminated A refund of any fees paid will be made to the patent…
Read MoreHow can I pay the fee for an ex parte reexamination request?
How can I pay the fee for an ex parte reexamination request? The fee for an ex parte reexamination request can be paid through various methods accepted by the USPTO. According to MPEP 2215: “The fee for requesting ex parte reexamination may be paid by deposit account authorization, credit card, or electronic funds transfer (EFT)…
Read MoreWhat happens if I don’t pay the full fee for an ex parte reexamination request?
What happens if I don’t pay the full fee for an ex parte reexamination request? Failure to pay the full fee for an ex parte reexamination request can result in the request being treated as not having been filed. According to MPEP 2215: “If the request for ex parte reexamination is filed by the patent…
Read MoreWhat actions can lead to unintentional abandonment of a patent application?
Several actions or inactions can lead to unintentional abandonment of a patent application. The MPEP 711.02 provides guidance on this: “Abandonment may result from a failure to reply to an Office action within the period for reply… or from a failure to pay certain fees within the prescribed time limit.” Common causes of unintentional abandonment…
Read MoreHow is micro entity status determined for higher education institutions?
Micro entity status for higher education institutions is determined under 35 U.S.C. 123(d). According to MPEP 509.04(d): ‘For micro entity status under 35 U.S.C. 123(d), the applicant must determine that each applicant still complies with 37 CFR 1.29(d) (e.g., still obtains the majority of his or her income from an institution of higher education as…
Read MoreHow is micro entity status determined for gross income basis?
For micro entity status based on gross income under 37 CFR 1.29(a), applicants must regularly reassess their eligibility. The MPEP 509.04(d) explains: ‘For micro entity status on the gross income basis under 37 CFR 1.29(a), the applicant must determine that the applicant and each inventor or joint inventor still meet the applicable conditions of 37…
Read MoreWhat happens if I no longer qualify for micro entity status?
If you no longer meet the requirements for micro entity status, you must notify the USPTO and adjust your fee payments accordingly. The MPEP 509.04(d) states: ‘If any requirement for micro entity status is no longer met, then the applicant must notify the Office of loss of micro entity status and pay the required fee…
Read MoreWhat fees can be charged to a USPTO deposit account?
A USPTO deposit account can be used to pay various fees related to patent applications and services. According to the MPEP: Filing, issue, appeal, international-type search report, international application processing, international design application fees, petition, and post-issuance fees may be charged against these accounts if sufficient funds are on deposit to cover such fees. Specifically,…
Read MoreWhat is a USPTO deposit account and how does it work?
What is a USPTO deposit account and how does it work? A USPTO deposit account is a pre-established account that allows for convenient payment of fees to the United States Patent and Trademark Office. According to MPEP 509: “A deposit account is a convenient method for individuals or firms to establish a pre-paid account with…
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