How 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…

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What 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…

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What 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…

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When 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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