How do I claim small entity status for patent maintenance fees?
How do I claim small entity status for patent maintenance fees? To claim small entity status for patent maintenance fees, follow these steps: Verify that you meet the small entity requirements as defined in MPEP 2550. Submit a written assertion of entitlement to small entity status. Pay the reduced fee amount for small entities. According…
Read MoreHow can I check the maintenance fee payment status of a patent?
There are two primary methods to check the maintenance fee payment status of a patent: Online: Visit the USPTO’s Maintenance Fee webpage. Enter the patent number and corresponding application number in the appropriate fields. By Phone: Call the USPTO’s Maintenance Fee Branch. Note that telephone status requests are limited to two patent numbers per call.…
Read MoreWhat is the grace period for paying maintenance fees?
The grace period for paying maintenance fees is specified in 37 CFR 1.362(e). While MPEP 2531 doesn’t explicitly state the duration of the grace period, it references this regulation: “Reply to the notice is required prior to expiration of the grace period provided by 37 CFR 1.362(e) in order to avoid the expiration of the…
Read MoreIs there a grace period for paying maintenance fees?
Yes, there is a grace period for paying maintenance fees. According to MPEP 2501: “Unless payment of the applicable maintenance fee under paragraph (1) is received in the Office on or before the date the fee is due or within a grace period of 6 months thereafter, the patent shall expire as of the end…
Read MoreHow should foreign entities pay patent maintenance fees to the USPTO?
Foreign entities must adhere to specific requirements when paying patent maintenance fees to the USPTO. MPEP 2522 provides the following guidance: “Any remittance from a foreign country must be payable and immediately negotiable in the United States for the full amount of the maintenance fee and/or surcharge required.“ This means that foreign entities should ensure…
Read MoreWhere can I find the phone number to check patent maintenance fee status?
The MPEP does not directly provide the phone number for checking patent maintenance fee status in section 2570. However, it does provide guidance on where to find this information: “See MPEP § 1730 for the telephone number.” To find the correct phone number: Refer to MPEP § 1730 Look for the contact information for the…
Read MoreHow can I file a petition for delayed payment of maintenance fees?
To file a petition for delayed payment of maintenance fees, follow these steps according to MPEP 2590: Use form PTO/SB/66, available on the USPTO forms website. Mark the front page of the communication “Attention: Office of Petitions”. Address the petition to:Mail Stop PetitionCommissioner for PatentsP.O. Box 1450Alexandria, Virginia 22313-1450 Include the required maintenance fee, petition…
Read MoreWhat factors determine a utility patent’s expiration date?
According to MPEP 2211, several factors determine a utility patent’s expiration date: The term of the patent Payment of maintenance fees Any disclaimer filed to shorten the patent term Patent term extensions or adjustments for delays within the Office under 35 U.S.C. 154 (see MPEP § 2710, et seq.) Patent term extensions available under 35…
Read MoreWhat are the exceptions to maintenance fee requirements for patents?
What are the exceptions to maintenance fee requirements for patents? There are specific exceptions to maintenance fee requirements for certain types of patents. According to MPEP 2504: Design patents are not subject to maintenance fees Plant patents issued from applications filed before June 8, 1995 are not subject to maintenance fees Plant patents issued from…
Read MoreWhat are examples of late or insufficient maintenance fee payments?
The MPEP 2531 provides several examples of when maintenance fee payments may be considered late or insufficient: Additional funds are required due to surcharge or fee increase, even though a payment was received. A payment for the small entity fee was received, but the patent file does not indicate that an assertion of small entity…
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