What is a fee address and how do I establish one for maintenance fee purposes?
A fee address is a designated address for correspondence related to maintenance fees. To establish a fee address for maintenance fee purposes, you should use the “‘Fee Address’ Indication Form,” Form PTO/SB/47. MPEP 2595 states: “The following forms are suggested when submitting a maintenance fee or establishing a fee address for maintenance fee purposes. […]…
Read MoreHow do I establish micro entity status for maintenance fee payments?
To establish micro entity status for maintenance fee payments, you must file a written certification of micro entity status. MPEP 2550 states: “In order to establish micro entity status for the purpose of paying a maintenance fee, a written certification of micro entity status must be filed prior to or at the time the maintenance…
Read MoreHow can I establish or change my entity status for maintenance fee purposes?
Establishing or changing your entity status (standard, small, or micro) for maintenance fee purposes is crucial for ensuring correct payment amounts. MPEP 2531 refers to this process: “See MPEP § 2550 for information on establishing or changing an entity status for the purpose of paying a maintenance fee.” To establish or change your entity status:…
Read MoreWhat are entity status discounts for maintenance fees?
Entity status discounts are reduced maintenance fees available for patentees who can establish entitlement to small or micro entity status. According to MPEP 2550, “Reduced maintenance fees are available for patentees that can establish entitlement to small or micro entity status.” This means that qualifying entities can pay lower fees to maintain their patents. To…
Read MoreWhat happens if a duplicate maintenance fee payment is submitted for a patent?
When a duplicate maintenance fee payment is submitted for a patent, the USPTO’s handling depends on whether the payment complies with 37 CFR 1.366(c). The MPEP states: “If the duplicate payment does not comply with 37 CFR 1.366(c) by not containing both the patent number and the corroborating application number, the Office will return the…
Read MoreCan I designate a separate fee address for maintenance fee communications?
Yes, you can designate a separate fee address specifically for maintenance fee communications. This is particularly useful if you want to direct maintenance fee notices to a different address than other patent correspondence. The MPEP states: “Practitioners of record when the patent issues who do not wish to receive correspondence relating to maintenance fees must…
Read MoreDo design or plant patents require maintenance fees?
No, design and plant patents do not require maintenance fees. The MPEP 2501 clearly states: “No fee may be established for maintaining a design or plant patent in force.” This means that once a design or plant patent is granted, it remains in force for its full term without the need for periodic maintenance fee…
Read MoreCan I use a deposit account to pay patent maintenance fees?
Yes, you can use a deposit account to pay patent maintenance fees. MPEP 2522 states: “37 CFR 1.366(b) provides that maintenance fees and any necessary surcharge may be paid by authorization to charge a deposit account established pursuant to 37 CFR 1.25.“ However, there are important conditions to consider: The authorization must be submitted within…
Read MoreWhat is the process for accepting delayed payment of maintenance fees in expired patents?
The Director of the USPTO may accept delayed payment of maintenance fees for expired patents if the delay is shown to be unintentional. According to MPEP 2590, the process involves: Filing a petition under 37 CFR 1.378(b) Paying the required maintenance fee Paying the petition fee Submitting a statement that the delay was unintentional The…
Read MoreWhat is the difference between a correspondence address and a fee address?
The correspondence address and fee address serve different purposes in patent communications: Correspondence Address: Used for general communications related to the patent, including notices and receipts during prosecution and after issuance. Fee Address: Specifically designated for communications related to maintenance fees. The MPEP notes: “Unless a fee address has been designated, notices, receipts, and other…
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