Are the forms mentioned in MPEP 2595 mandatory for maintenance fee submissions?
While the forms mentioned in MPEP 2595 are recommended, they are not strictly mandatory. The MPEP uses the word “suggested” when referring to these forms: “The following forms are suggested when submitting a maintenance fee or establishing a fee address for maintenance fee purposes.” However, using these official forms is highly recommended as they ensure…
Read MoreWhat are the acceptable methods of payment for patent maintenance fees?
According to MPEP 2522, the acceptable methods of payment for patent maintenance fees are: Cashier’s or certified check Treasury note National bank notes United States Postal Service money order Credit card Authorization to charge a deposit account The MPEP states: “The payment shall be made in U.S. dollars and in the form of a cashier’s…
Read MoreWhat is the significance of the issue fee payment date?
The issue fee payment date is significant for several reasons: It determines the patent term adjustment under 35 U.S.C. 154(b). The patent will be issued approximately four weeks after the issue fee payment date. It affects the timing of maintenance fee payments for utility patents. MPEP 1306 notes: “The date of payment of the issue…
Read MoreWhy is it important to verify that a patent has not expired before examining a reissue application?
Verifying that a patent has not expired is crucial before examining a reissue application for the following reasons: Legal Authority: Once a patent has expired, the Director of the USPTO no longer has the authority to reissue the patent under 35 U.S.C. 251. Validity of Reissue: An expired patent cannot be reissued, making any reissue…
Read MoreHow long can I maintain small entity status after it’s established?
Once small entity status is established in an application or patent, you can continue to pay fees as a small entity until the issue fee is due or any maintenance fee is due. This is stated in 37 CFR 1.27(g)(1): ‘Once small entity status is established in an application or patent, fees as a small…
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