What happens if I no longer qualify for micro entity status?
If you no longer meet the requirements for micro entity status, you must notify the USPTO and adjust your fee payments accordingly. The MPEP 509.04(d) states: ‘If any requirement for micro entity status is no longer met, then the applicant must notify the Office of loss of micro entity status and pay the required fee…
Read MoreHow often do I need to certify micro entity status?
According to MPEP 509.04(d), a certification of entitlement to micro entity status needs to be filed only once in an application or patent. The MPEP states: ‘A certification of entitlement to micro entity status need only be filed once in an application or patent. Micro entity status, once established, remains in effect until changed pursuant…
Read MoreAre additional fees required when responding to an Ex parte Quayle action?
When responding to an Ex parte Quayle action, additional fees may be required depending on the nature of the response and any time extensions needed. The MPEP 714.14 references MPEP § 607 for additional fee requirements: See MPEP § 607 for additional fee requirements. Typically, if the response is filed within the initial two-month period,…
Read MoreAre additional fees required for partial entry of amendments under 37 CFR 1.312?
When considering partial entry of amendments under 37 CFR 1.312, the MPEP advises caution regarding fees. Specifically, it states: “Entry in part is not recommended unless the full additional fee required, if any, accompanies the amendment.” This means that if there are any additional fees associated with the amendment, the full amount should be paid…
Read MoreWhat are the requirements for a compliant Prioritized Examination request?
A compliant Prioritized Examination request must meet the following requirements: The application must be a utility or plant nonprovisional application. The request must be filed with the application or with a Request for Continued Examination (RCE). The application must contain no more than 4 independent claims and 30 total claims. The request must include the…
Read MoreHow does the fee structure work for extensions of time under 37 CFR 1.136(a)?
The fee structure for extensions of time under 37 CFR 1.136(a) is cumulative. The MPEP explains: The fees for extensions of time under 37 CFR 1.136(a) are set forth in 37 CFR 1.17(a) and are subject to a 50% reduction for persons or concerns qualifying as small entities. The fees itemized at 37 CFR 1.17(a)…
Read MoreAre there additional fee requirements for amendments under 37 CFR 1.312 with copied patent claims?
Yes, there may be additional fee requirements for amendments under 37 CFR 1.312 that include copied patent claims. MPEP 714.16(a) directs readers to other relevant sections: “See MPEP § 607 and § 714.16(c) for additional fee requirements.” This means that applicants should consult MPEP § 607 on filing fees and MPEP § 714.16(c) on amendments…
Read MoreHow does the USPTO apply insufficient payments for patent application fees?
When an applicant submits an insufficient payment for fees due on filing a nonprovisional application under 35 U.S.C. 111(a) and has not specified how to apply the payment, the USPTO applies the payment in a specific order. The MPEP outlines this order as follows: Basic filing fee Search fee Examination fee Excess claims fee (independent…
Read MoreWhat happens if I overpay a patent fee to the USPTO?
What happens if I overpay a patent fee to the USPTO? If you overpay a patent fee to the USPTO, you may be eligible for a refund. The MPEP 509 states: ‘In the event that an amount is paid by mistake or in excess of that required, a refund may be made only if a…
Read MoreWhat are the accepted payment methods for patent fees?
What are the accepted payment methods for patent fees? The USPTO accepts various payment methods for patent fees: Credit or debit card Electronic funds transfer (EFT) Deposit account Check or money order As stated in MPEP 509: ‘Fees may be paid by U.S. credit card, electronic funds transfer (EFT), deposit account, check or money order.’…
Read More