How are extension of time fees handled in examiner’s amendments?
Extension of time fees can be handled through examiner’s amendments under specific circumstances. The MPEP 1302.04 provides guidance on this process: “Form paragraph 13.02.02 should be used if an extension of time is required.” The form paragraph reads: “An extension of time under 37 CFR 1.136(a) is required in order to make an examiner’s amendment…
Read MoreHow are excess claims fees determined for reissue applications?
Excess claims fees for reissue applications are determined based on the number of claims in the reissue application itself, not the original patent. The MPEP clearly states: “Under 37 CFR 1.16(h) and (i), the number of claims in the original patent is not relevant in determining the excess claims fee for a reissue application.” Excess…
Read MoreWhat is the process for filing a design reissue application?
A design reissue application can be filed in the same manner as a utility patent reissue application. However, there are some specific procedures for design reissue applications: The application fee is set forth in 37 CFR 1.16(e), with additional search and examination fees required. Expedited examination can be requested under 37 CFR 1.155. Multiple design…
Read MoreHow are charges against deposit accounts handled in examiner’s amendments?
Examiner’s amendments can be used to make charges against deposit accounts under specific conditions. According to MPEP 1302.04: “An examiner’s amendment can be used to make a charge against a deposit account, provided prior approval is obtained from the applicant, attorney or agent, in order to expedite the issuance of a patent on an application…
Read MoreWhat is the current publication fee for patent applications?
As of January 1, 2014, the publication fee for patent applications has been set to $0.00. The MPEP states: “Effective January 1, 2014, the publication fee set forth in 37 CFR 1.18(d) is $0.00.” (MPEP 1126) This change effectively eliminated the financial burden of the publication fee for patent applicants. However, it’s important to note…
Read MoreHow is the application size fee calculated for reissue applications?
The application size fee is calculated based on the number of sheets in the specification and drawings. According to 37 CFR 1.16(s), this fee applies to applications exceeding 100 sheets of paper. The MPEP states: “The application size fee applies for each additional 50 sheets or fraction thereof over 100 sheets of paper.” However, certain…
Read MoreWhat is the significance of 37 CFR 1.17(s) in transitional patent applications?
37 CFR 1.17(s) is a regulation that sets forth certain fees in patent applications. In the context of transitional applications, as mentioned in MPEP 803.03(b), this regulation is significant because it relates to fees paid for additional species claims: Whenever claims drawn to an additional species in a transitional application for which applicant paid the…
Read MoreWhat 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,…
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