Can a maintenance fee payment be applied to a different patent than originally intended?
Yes, in certain circumstances, the USPTO may attempt to apply a maintenance fee payment to a different patent than originally intended. This typically occurs when there’s an issue with the first payment and a duplicate payment is received. MPEP 2532 states: “If a review of the Office record of the first maintenance fee payment reveals…
Read MoreHow does the USPTO handle a maintenance fee payment with only an application number?
When a maintenance fee payment is submitted with only an application number and no patent number, the USPTO has specific procedures in place. According to MPEP 2530, If a maintenance fee is due on the patent identified by the application number and the payment submitted is sufficient, the Office may apply the payment to the…
Read MoreWhat information is required for a maintenance fee payment to comply with 37 CFR 1.366(c)?
To comply with 37 CFR 1.366(c), a maintenance fee payment must include specific identifying information. MPEP 2532 states: “If the duplicate payment does comply with 37 CFR 1.366(c) by containing both the patent number and the corroborating application number, the Office will verify that the first payment was properly processed.“ This indicates that for a…
Read MoreWhat information is required to identify another application or patent for interference?
To identify another application or patent for interference, the following information is typically required: Application serial number (for applications) Patent number (for patents) The MPEP 2304.02(a) states: “Usually an applicant seeking an interference will know the application serial number or the patent number of the application or patent, respectively, with which it seeks an interference.…
Read MoreHow do I properly identify a patent or application in an assignment document?
According to 37 CFR 3.21, a patent assignment must identify the patent by patent number. For patent applications: National applications: Identify by application number (series code and serial number) International applications designating the US: Identify by international application number International design applications designating the US: Identify by international registration number or US application number If…
Read MoreHow should a patent or application be identified in an assignment document?
According to 37 CFR 3.21 and MPEP 302.03, a patent or application should be identified in an assignment document as follows: For a patent: Use the patent number For a national patent application: Use the application number (series code and serial number, e.g., 07/123,456) For an international patent application designating the U.S.: Use the international…
Read MoreHow do I properly identify a patent in an assignment?
To properly identify a patent in an assignment, you must use the patent number. According to 37 CFR 3.21, “An assignment relating to a patent must identify the patent by the patent number.” This ensures that there is no ambiguity about which patent is being assigned. To learn more: patent assignment patent identification patent number
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