What is the application size fee and when does it apply?
The application size fee is an additional fee that applies to patent applications with specifications and drawings exceeding 100 sheets of paper. The MPEP states: 37 CFR 1.16(s) sets forth the application size fee for any application (including any reissue applications) filed under 35 U.S.C. 111, the specification and drawings of which exceed 100 sheets…
Read MoreWhat happens if a nonprovisional patent application is filed without all required fees?
If a nonprovisional patent application is filed without all required fees, the USPTO will send a notice to the applicant. According to the MPEP: Filing dates are accorded to nonprovisional applications filed under 37 CFR 1.53(b) submitted without the… required fees (basic filing fee, and search and examination fees (for applications filed on or after…
Read MoreWhat are the risks of improperly claiming micro entity status?
Improperly claiming micro entity status can have serious consequences: It may be considered fraud on the USPTO if done knowingly It can result in the patent being held unenforceable Improperly paid fees will need to be corrected, which may include late fees MPEP 509.04 warns: ‘Any attempt to fraudulently establish status as a micro entity,…
Read MoreCan failure to pay the issue fee result in an abandoned patent application?
Yes, failure to pay the issue fee can result in an abandoned patent application. MPEP 203.05 explicitly states that an abandoned application includes one removed from the Office docket for failure to pay the issue fee (MPEP § 711 to § 711.05). This means that even if an application has been approved for issuance, if…
Read MoreAre there any fees associated with using the PDX program for priority document exchange?
Generally, there are no additional fees charged by the USPTO for using the PDX program to exchange priority documents. The MPEP 215.01 does not mention any specific fees for this service. However, it’s important to note: Regular patent application fees still apply. If the PDX retrieval fails and you need to submit a certified copy,…
Read MoreCan for-profit universities qualify for micro entity status?
No, for-profit universities do not qualify as ‘institutions of higher education’ for the purpose of establishing micro entity status. One of the requirements for an institution of higher education under the Higher Education Act of 1965 is that it must be non-profit. MPEP 509.04(b) states: “One of the requirements for an ‘institution of higher education’…
Read MoreCan foreign universities qualify as institutions of higher education for micro entity status?
No, foreign universities do not qualify as ‘institutions of higher education’ for the purpose of establishing micro entity status. This is because the definition is limited to institutions located in U.S. states or territories. According to MPEP 509.04(b): “As previously stated, foreign universities do not qualify as an ‘institution of higher education’ for purposes of…
Read MoreHow does employment at an institution of higher education affect micro entity status?
How does employment at an institution of higher education affect micro entity status? Employment at an institution of higher education can provide a pathway to micro entity status. The MPEP states: “A micro entity shall also include an applicant who certifies that: (1) The applicant’s employer, from which the applicant obtains the majority of the…
Read MoreWhat is small entity status and how do I claim it?
Small entity status allows certain applicants to pay reduced patent fees. To claim small entity status, you must make an assertion of entitlement in one of two ways: Submit a written assertion signed by the applicant, a patent practitioner, an inventor, or an assignee Pay the exact small entity basic filing fee, basic national fee,…
Read MoreHow can I pay patent fees to the USPTO?
How can I pay patent fees to the USPTO? The USPTO offers several methods for paying patent fees. According to MPEP 509: “Fees can be paid: (A) by credit card, (B) by electronic funds transfer (EFT), (C) by check, (D) by money order, (E) by deposit account, or (F) in cash (for hand-carried applications only).”…
Read More