What 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 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…
Read MoreWhat are the different types of entity status for patent maintenance fees?
What are the different types of entity status for patent maintenance fees? There are three types of entity status for patent maintenance fees: Large entity: Standard fee rate Small entity: 50% discount on fees Micro entity: 75% discount on fees The USPTO states in MPEP 2550: “Three different types of entity status are defined in…
Read MoreWhat fees are required for a supplemental examination request?
According to MPEP 2811, the fees required for a supplemental examination request are specified in 37 CFR 1.610(a). These include: The fee specified in 37 CFR 1.20(k)(1) for the supplemental examination request The fee for reexamination ordered as a result of a supplemental examination proceeding, as set forth in 37 CFR 1.20(k)(2) Any applicable document…
Read MoreWhat fees are associated with patent reexamination?
Patent reexamination involves several fees as outlined in MPEP 2233: Request fee (37 CFR 1.20(c)(1) or (c)(2)) Addition of claims fees (37 CFR 1.20(c)(3) and (c)(4)) Extension of time fees Appeal, appeal forwarding, and oral hearing fees (37 CFR 41.20(b)) Petition fees (37 CFR 1.17(m) and 1.20(c)(6)) The MPEP states: “No fee is required for…
Read MoreHow are maintenance fee amounts determined for patents?
Maintenance fee amounts for patents are set by 37 CFR 1.20(e)-(h) and are subject to adjustment based on fluctuations in the Consumer Price Index, as per 35 U.S.C. 41(f). The MPEP states: “The maintenance fee amounts are subject to adjustment to reflect fluctuations occurring in the Consumer Price Index pursuant to 35 U.S.C. 41(f).” Additionally,…
Read MoreHow to handle maintenance fee payments for reissued patents?
How to handle maintenance fee payments for reissued patents? For reissued patents, maintenance fee payments have specific requirements. The MPEP provides guidance: “For reissue patents, the patentee must identify the reissue patent number and the corresponding original patent number.” (MPEP 2515) When submitting maintenance fee payments for reissued patents: Include the reissue patent number Provide…
Read MoreWhat information is required for maintenance fee payments by credit card?
What information is required for maintenance fee payments by credit card? When paying maintenance fees by credit card, specific information is required. According to the MPEP: “Payment by credit card must specify the amount to be charged to the credit card and such other information as is necessary to process the charge, and is subject…
Read MoreWhat happens if I submit a maintenance fee payment that doesn’t match my entity status of record?
If you submit a maintenance fee payment that conflicts with the USPTO’s record of your entity status, you will receive a notice. MPEP 2550 explains: If you overpay (based on the entity status of record), you’ll receive an Overpayment Notice. If you underpay (based on the entity status of record), you’ll receive an Underpayment Notice.…
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…
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