How 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 does entity status affect ex parte reexamination fees?
The entity status of the requester affects the fees for ex parte reexamination requests under 35 U.S.C. 302. According to the MPEP: “Pursuant to 37 CFR 1.20(c)(1) and (c)(2), there are different filing fees for a large entity, a small entity and a micro entity, when filing a request for ex parte reexamination under 35…
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 MoreCan maintenance fees be paid early?
Can maintenance fees be paid early? Yes, maintenance fees can be paid early. The MPEP 2506 states: “A maintenance fee may be paid without surcharge at any time during the 6-month period preceding each due date (3 1/2, 7 1/2, and 11 1/2 years after grant).” This means that patent holders have a 6-month window…
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 MoreWhat is the purpose of the document size fees in supplemental examination?
Document size fees are part of the required fees for filing a supplemental examination request. These fees are set forth in 37 CFR 1.20(k)(3) and are applicable based on the size of the documents submitted with the request. The purpose of document size fees is to compensate for the additional resources required to process and…
Read MoreWhat happens if I don’t pay the full fee for an ex parte reexamination request?
What happens if I don’t pay the full fee for an ex parte reexamination request? Failure to pay the full fee for an ex parte reexamination request can result in the request being treated as not having been filed. According to MPEP 2215: “If the request for ex parte reexamination is filed by the patent…
Read MoreHow can I claim entitlement to small entity status for maintenance fees?
To claim small entity status for maintenance fees, you must file a written assertion of entitlement to small entity status. According to MPEP 2550: “In order to establish small entity status for the purpose of paying a maintenance fee, a written assertion of entitlement to small entity status must be filed prior to or with…
Read MoreCan I change my entity status after paying a maintenance fee?
Can I change my entity status after paying a maintenance fee? Yes, you can change your entity status after paying a maintenance fee, but there are important considerations: If you change from a higher fee-paying entity to a lower fee-paying entity (e.g., large to small), you cannot receive a refund for previously paid fees. If…
Read MoreHow can I change my entity status for maintenance fee payments?
To change your entity status for maintenance fee payments, you have several options: For payments by mail, facsimile, or hand delivery: Include a paper changing the entity status with your maintenance fee payment. For online payments: Change your entity status before submitting the payment. MPEP 2550 suggests: “Before submitting a payment via the Patent Maintenance…
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