Can I correct micro entity status errors for multiple applications or patents at once?
No, you cannot correct micro entity status errors for multiple applications or patents in a single submission. The MPEP, citing 37 CFR 1.29(k)(1), states: Any paper submitted under this paragraph must be limited to the deficiency payment (all fees paid in error) required for a single application or patent. Where more than one application or…
Read MoreHow are errors in small entity status excused?
Errors in small entity status can be excused if they were made in good faith. According to 37 CFR 1.28(c): ‘If status as a small entity is established in good faith, and fees as a small entity are paid in good faith, in any application or patent, and it is later discovered that such status…
Read MoreWhat steps should be taken to determine small entity status for a business?
To determine small entity status for a business, several steps should be taken: Review whether the business meets the definition of a small business concern under section 3 of the Small Business Act. Check if the business meets the size standards in 13 CFR 121.801 through 121.805 for eligibility for reduced patent fees. Investigate if…
Read MoreHow long does small entity status last?
Once small entity status is established in an application or patent, it remains in effect until: The issue fee is due, or Any maintenance fee is due At these points, a new determination of entitlement to small entity status is required. As stated in 37 CFR 1.27(g)(1): “Once small entity status is established in an…
Read MoreWhat is the duty to investigate entitlement to claim small entity status?
The duty to investigate entitlement to claim small entity status refers to the obligation of patent applicants to thoroughly investigate all facts and circumstances before determining their actual entitlement to small entity status. According to MPEP 509.03(a), “applicants need to do a complete and thorough investigation of all facts and circumstances before making a determination…
Read MoreWhat happens to my entity status after notifying loss of micro entity status?
When you notify the USPTO of a loss of micro entity status, you are automatically treated as a small entity by default, unless specified otherwise. As stated in MPEP 509.04(e): A notification that micro entity status is no longer appropriate will not be treated as a notification that small entity status is also no longer…
Read MoreWhat is a USPTO deposit account and how can I establish one?
A USPTO deposit account is a convenient method for attorneys and the general public to pay fees and order services from the U.S. Patent and Trademark Office. To establish a deposit account: Pay the fee for establishing a deposit account as per 37 CFR 1.21(b)(1) Make a minimum deposit of $1,000 for general use Alternatively,…
Read MoreWhat are excess claims fees and when do they apply?
Excess claims fees are additional fees charged for patent applications that contain more than a certain number of claims. According to the MPEP: 37 CFR 1.16(h) sets the fee for each independent claim in excess of three. 37 CFR 1.16(i) sets the fee for each claim (independent or dependent) in excess of twenty. The MPEP…
Read MoreHow does small entity status carry over to continuation applications?
Small entity status does not automatically carry over from a parent application to a continuation application. The MPEP provides clear guidance on this matter: If small entity status has been established in a parent application and is still proper and desired in a continuation, continuation-in-part, or divisional application filed under 37 CFR 1.53(b), a new…
Read MoreWhen is a patent application considered ‘allowed’ or ‘in issue’?
MPEP 203.04 defines an ‘allowed’ or ‘in issue’ patent application as follows: An ‘allowed’ nonprovisional application or an application ‘in issue’ is one which has been examined and determined to meet all statutory requirements, and in which a notice of allowance has been sent to the applicant. Its status as an ‘allowed’ application continues from…
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