Can I submit maintenance fee payments by mail?
Yes, you can submit maintenance fee payments by mail, although electronic submissions are preferred. The MPEP 2510 provides guidance on mailing maintenance fee payments: “Non-electronic payments should be sent to: United States Patent and Trademark Office, P.O. Box 979071, St. Louis, MO 63197-9000.” When submitting by mail, ensure that you include all necessary information and…
Read MoreWhat should I do if I lose entitlement to small or micro entity status?
If you lose entitlement to small or micro entity status, you must notify the USPTO. According to MPEP 2550: “Notification of any change in status resulting in loss of entitlement to an entity status must be filed in a patent prior to paying, or at the time of paying, the earliest maintenance fee due after…
Read MoreHow does late payment of maintenance fees affect others’ rights?
Late payment of maintenance fees can affect the rights of third parties who acted during the period when the patent was considered expired. MPEP 2501 states: “A patent, the term of which has been maintained as a result of the acceptance of a payment of a maintenance fee under this subsection, shall not abridge or…
Read MoreWhat happens if a maintenance fee payment is late or insufficient?
If a maintenance fee payment is late or insufficient, the USPTO will send a notice (e.g., a Notice of Non-Acceptance of Patent Maintenance Fee (PTO-2142)) to the fee submitter. The patent owner must reply to this notice before the grace period expires to avoid patent expiration. According to MPEP 2531: “If the Office considers a…
Read MoreWhat is the significance of the June 8, 1995 date for plant patent maintenance fees?
What is the significance of the June 8, 1995 date for plant patent maintenance fees? The date June 8, 1995, is significant for plant patent maintenance fees due to changes in patent law. According to MPEP 2504: “Plant patents which issue from applications filed on or after June 8, 1995 are subject to payment of…
Read MoreWhat are intervening rights in reinstated patents?
Intervening rights in reinstated patents are legal protections provided by 35 U.S.C. 41(c)(2) for individuals or businesses who used or made substantial preparations to use a patented invention during the period when the patent had lapsed due to non-payment of maintenance fees, but before it was reinstated. According to MPEP § 2591: “No patent, the…
Read MoreWhat happens if I submit an insufficient payment for patent maintenance fees?
Submitting an insufficient payment for patent maintenance fees can have serious consequences. According to MPEP 2522: “A payment of less than the required amount, a payment in a manner other than that set forth in 37 CFR 1.23, or the filing of an authorization to charge a deposit account having insufficient funds, will not constitute…
Read MoreIn what situations is a petition under 37 CFR 1.377 not appropriate?
The MPEP outlines several situations where a petition under 37 CFR 1.377 would not be appropriate: Complete failure to include correct identifiers: “A petition under 37 CFR 1.377 would not be appropriate where there is a complete failure to include at least one correct mandatory identifier as required by 37 CFR 1.366(c) for the patent…
Read MoreHow should maintenance fee payments be submitted to the USPTO?
Maintenance fee payments should be submitted according to specific guidelines outlined in MPEP 2515. Key points include: Payments must be submitted in the amount due on the date of payment Fees can be paid in the manner set forth in 37 CFR 1.23 or by authorization to charge a deposit account Payments must be submitted…
Read MoreHow can I designate a fee address for maintenance fee purposes?
To designate a fee address for maintenance fee purposes, you can use the following methods: At the time of issue fee payment, submit a “Fee Address” Indication Form (PTO/SB/47) as an attachment to the Issue Fee Transmittal (PTOL-85B). After issue fee payment, submit a “Fee Address” Indication Form (PTO/SB/47), and if necessary, a Request for…
Read More