How 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?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, there may be additional fee requirements for amendments under 37 CFR 1.312 that…
Read MoreHow does the USPTO apply insufficient payments for patent application fees?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. When an applicant submits an insufficient payment for fees due on…
Read MoreHow does the USPTO fee structure differ for recording patent and trademark documents?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The USPTO has different fee structures for recording patent and trademark…
Read MoreHow is the deficiency owed calculated for micro entity fee errors?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The deficiency owed for micro entity fee errors is calculated according…
Read MoreWhat form is used to certify micro entity status based on an institution of higher education?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The U.S. Patent and Trademark Office provides a specific form for…
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