Who can sign a petition for delayed payment of maintenance fees?
The signature requirements for a petition for delayed payment of maintenance fees depend on when the application was filed, as outlined in MPEP 2590: For applications filed on or after September 16, 2012: According to 37 CFR 1.33(b), the petition must be signed by: A patent practitioner of record A patent practitioner not of record…
Read MoreWho can pay maintenance fees for a patent?
According to MPEP 2515, anyone can pay maintenance fees for a patent. Specifically, the section states: “The patentee may pay maintenance fees and any necessary surcharges or any person or organization may pay maintenance fees and any necessary surcharges on behalf of the patentee.“ This means that the patent owner, a legal representative, or even…
Read MoreWhen do intervening rights apply to reinstated patents?
Intervening rights apply to reinstated patents during a specific time frame. According to MPEP § 2591, these rights are applicable to actions taken: After the 6-month grace period for paying the maintenance fee But prior to the acceptance of the late maintenance fee The MPEP states: “A court before which such matter is in question…
Read MoreWhat is a fee address for maintenance fee purposes?
A fee address is a designated address for receiving communications related to maintenance fee payments for patents. According to MPEP 2540, “Generally, notices, receipts, and other communications relating to the payment of a maintenance fee will be directed to the correspondence address used during the prosecution of the application, unless a ‘fee address’ for the…
Read MoreWhat are maintenance fees for patents?
Maintenance fees are charges required to keep a patent in force after it has been granted. According to MPEP 2501, these fees are due at specific intervals after the patent grant: “Three years and 6 months after grant, $980.” “Seven years and 6 months after grant, $2,480.” “Eleven years and 6 months after grant, $4,110.”…
Read MoreWhen can maintenance fees for utility patents be paid?
Maintenance fees for utility patents can be paid during specific time periods as outlined in MPEP 2506: Window Period: Fees can be paid without surcharge during the 6-month periods preceding each due date, as defined in 35 U.S.C. 41(b). Grace Period: Fees can be paid with a surcharge during the 6-month periods immediately following each…
Read MoreWhen are maintenance fees due for utility patents?
Maintenance fees for utility patents are due at specific intervals after the patent grant. According to MPEP 2504: “Maintenance fees may be paid in patents without surcharge during the periods extending respectively from: (1) 3 years through 3 years and 6 months after grant for the first maintenance fee, (2) 7 years through 7 years…
Read MoreHow does the USPTO verify small entity status for maintenance fee payments?
The USPTO does not generally question small entity status claims for maintenance fee payments. According to MPEP 2550: “The Office does not normally make any inquiry or investigation into the continued qualification of any entity as a small entity but accepts the assertion filed with the maintenance fee payment.” However, the Office may question the…
Read MoreHow does the USPTO handle refunds for duplicate maintenance fee payments?
The USPTO has a specific process for handling refunds of duplicate maintenance fee payments. According to MPEP 2532: “If the first payment was properly processed, the Office will return the duplicate payment to the second fee submitter. In this event the returned payment will be accompanied by identification of the first fee submitter.“ This means…
Read MoreWhat are the options for submitting maintenance fee payments to the USPTO?
The USPTO offers several options for submitting maintenance fee payments: Over the Internet: Payments can be made through the Patent Maintenance Fees Storefront using electronic funds transfer (EFT), credit card, or deposit account. By Mail: Payments can be mailed to the USPTO’s designated address. By Facsimile: Fax submissions are accepted when charged to a deposit…
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