Is there a fee associated with filing a respondent brief in inter partes reexamination?
Yes, there is a fee required for filing a respondent brief in inter partes reexamination. The MPEP states: “A fee as set forth in 37 CFR 41.20(b)(2) is required when the respondent brief is filed for the first time in a particular reexamination proceeding, 35 U.S.C. 41(a).” This fee is mandatory and must be paid…
Read MoreIs there a refund if an inter partes reexamination request is denied?
Yes, there is a partial refund available if an inter partes reexamination request is denied. According to MPEP 2648: “After the time for petition has expired (without a petition being filed), or a petition has been filed and the decision affirms the denial of the request, a partial refund of the filing fee for the…
Read MoreWhat is the fee for filing a reissue application?
What is the fee for filing a reissue application? The fee for filing a reissue application is the same as the current fee for filing a non-provisional application for an original patent. According to MPEP 1442: “The fee for filing a reissue application is set forth in 37 CFR 1.16(e).” It’s important to note that…
Read MoreWhat are the consequences of not paying the correct filing fee for a patent application?
What are the consequences of not paying the correct filing fee for a patent application? If you fail to pay the correct filing fee for your patent application, there can be significant consequences: Application may not be assigned a filing date: As stated in MPEP 607, “The filing fee and application size fee for a…
Read MoreCan the filing fee, oath or declaration, and claims be submitted after the initial filing of a nonprovisional application?
Yes, the filing fee, oath or declaration, and claims can be submitted after the initial filing of a nonprovisional application. However, there are specific rules and time limits for doing so: These items must be submitted within the period specified by the USPTO, usually in a Notice to File Missing Parts. A surcharge may be…
Read MoreHow long do I have to pay the basic filing fee for a provisional application?
The basic filing fee for a provisional application must be paid either: At the time of filing, or Within the time period set forth in 37 CFR 1.53(g) If no correspondence address is provided, the applicant has two months from the filing date to pay the basic filing fee, submit the cover sheet, and pay…
Read MoreWhat happens if the filing fee for a provisional application is not paid?
If the filing fee for a provisional application is not paid, the USPTO will take specific actions as outlined in MPEP 601.01(b): Quote: “If the filing fee is not paid in the provisional application, the USPTO may dispose of the provisional application. The notification to applicant that the provisional application has been disposed of will…
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