What is the issue fee for a reissue patent?
The issue fee for a reissue patent is set by the USPTO and is subject to change. According to the MPEP: “The issue fee for issuing each reissue patent is set forth in 37 CFR 1.18(a).” To find the current issue fee for a reissue patent, you should refer to the latest fee schedule published…
Read MoreCan I request a refund of the issue fee after paying it?
Generally, once you’ve paid the issue fee, requesting a refund is not straightforward. The MPEP 1306 states: “The issue fee and any publication fee that have been paid will not be refunded after the application has been placed in the printing cycle.” However, there are some exceptions: If you file a petition to withdraw the…
Read MoreWhat is the public policy regarding patent issuance after paying the issue fee?
The MPEP outlines a clear public policy regarding patent issuance once the issue fee is paid: “There is a public policy that the patent will issue in regular course once the issue fee is timely paid.” This policy, as stated in 37 CFR 1.314, emphasizes the expectation that patent issuance should proceed normally after the…
Read MoreWhat is the process for withdrawing a patent application from issue?
The process for withdrawing a patent application from issue depends on whether the issue fee has been paid. The MPEP outlines two scenarios: Before payment of the issue fee: “Petitions, or requests at the initiative of the USPTO, to withdraw patent applications from issue before payment of the issue fee, 37 CFR 1.313(a), where the…
Read MoreAre there fee reductions for small entities and micro entities?
Yes, there are significant fee reductions for small entities and micro entities when paying the issue fee. According to MPEP 1306: “The amounts due under 35 U.S.C. 41(a) (i.e., the issue fee, but not the publication fee) are reduced by 50 per centum for small entities and 75 per centum for micro entities.” This means…
Read MoreCan I use a deposit account or credit card to pay the issue fee?
Yes, you can use a U.S. Patent and Trademark Office Deposit Account or a credit card to pay the issue fee. MPEP 1306 states: “The payment of the issue fee due may be simplified by using a U.S. Patent and Trademark Office Deposit Account or a credit card payment with form PTO-2038 for such a…
Read MoreCan a patent application be withdrawn from issue after payment of the issue fee?
Yes, a patent application can be withdrawn from issue even after payment of the issue fee. However, the process and requirements differ based on the timing: If withdrawn before the patent has been granted, a petition under 37 CFR 1.313(c) is required. If withdrawn after the patent has been granted, a certificate of correction or…
Read MoreWhat fees are required when receiving a Notice of Allowance?
When receiving a Notice of Allowance, applicants are typically required to pay an issue fee. For applications subject to publication under 37 CFR 1.211, both the issue fee and publication fee may be required. However, it’s important to note that “the publication fee was reset to $0.00 effective January 1, 2014” as stated in MPEP…
Read MoreWhat happens if an issue fee is paid late?
If an issue fee is paid late, the following applies: A surcharge is required for late payment of the issue fee. The patent may be held abandoned if the issue fee is not paid within the period set for payment. If the delay in payment is shown to have been unintentional, the Commissioner may accept…
Read MoreWhat happens if I pay the issue fee but don’t submit the publication fee?
If you pay the issue fee but fail to submit the publication fee, your application will still proceed to issuance. However, the USPTO will send you a notice requiring payment of the publication fee. As stated in MPEP 1306: “If an applicant pays the issue fee in an application under 35 U.S.C. 111(a), or in…
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