What is the non-electronic filing fee and when does it apply?
The non-electronic filing fee is an additional fee charged for patent applications not filed by electronic means. This fee was established by the Leahy-Smith America Invents Act and is codified in 37 CFR 1.16(t). The MPEP states: Section 10(h) of Public Law 112-29, September 16, 2011 (the Leahy-Smith America Invents Act) provides that an additional…
Read MoreCan a nonprofit organization qualify for small entity status?
Yes, nonprofit organizations can qualify for small entity status under certain conditions. According to 37 CFR 1.27(a)(3), a nonprofit organization that qualifies for small entity status is one that: Has not assigned, granted, conveyed, or licensed any rights in the invention to a non-small entity Is either: A university or other institution of higher education…
Read MoreWhat are the required fees for filing a nonprovisional patent application?
For nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 8, 2004, the following fees are required: Basic filing fee (37 CFR 1.16(a), (b), (c) or (e)) Search fee (37 CFR 1.16(k), (l), (m), or (n)) Examination fee (37 CFR 1.16(o), (p), (q), or (r)) Application size fee, if applicable (37 CFR 1.16(s))…
Read MoreWhat should I do if I lose entitlement to small entity status?
If you lose entitlement to small entity status, you must notify the USPTO before or at the time of paying the earliest of the issue fee or any maintenance fee due after the change. According to 37 CFR 1.27(g)(2): ‘notification of any change in status resulting in loss of entitlement to small entity status be…
Read MoreWhat is required when notifying the USPTO of a loss of micro entity status?
When notifying the USPTO of a loss of micro entity status, the following requirements must be met: The notification must be filed in the application or patent prior to paying, or at the time of paying, any fee after the date on which micro entity status is no longer appropriate. The notification must be signed…
Read MoreWhat happens if I overpaid fees due to incorrect micro entity status?
What happens if I overpaid fees due to incorrect micro entity status? If you paid fees as a non-micro entity when you were actually entitled to micro entity status, resulting in an overpayment, you may be eligible for a refund. The MPEP 509.04(f) states: “A refund based upon establishment of micro entity status may only…
Read MoreHow is the application size fee calculated for patent applications?
The application size fee is calculated based on the number of pages in the application. According to 37 CFR 1.16(s), this fee applies to any application filed under 35 U.S.C. 111 where the specification (including claims) and drawings exceed 100 sheets of paper. The MPEP states: The application size fee applies for each additional 50…
Read MoreDoes paying a fee in a non-micro entity amount automatically change my entity status?
No, paying a fee in a non-micro entity amount does not automatically change your entity status. According to MPEP 509.04(e): Payment of a fee in other than the micro entity amount is not sufficient notification that micro entity status is no longer appropriate. To properly notify the USPTO of a change in entity status, you…
Read MoreCan I retroactively claim micro entity status for previously paid fees?
Can I retroactively claim micro entity status for previously paid fees? No, you cannot retroactively claim micro entity status for fees that have already been paid. The MPEP clearly states: “A fee may be paid in the micro entity amount only if it is submitted with, or subsequent to, the submission of a certification of…
Read MoreWhat is the definition of a small business concern for patent fee purposes?
A small business concern, for the purpose of paying reduced patent fees, is defined as follows: A small business concern as used in this paragraph means any business concern that: Has not assigned, granted, conveyed, or licensed, and is under no obligation under contract or law to assign, grant, convey, or license, any rights in…
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