How are publication and issue fees handled for international design applications entering U.S. national processing?
For international design applications entering U.S. national processing, the handling of publication and issue fees differs from standard U.S. design applications. The MPEP 2920 provides important information: “The publication fee set forth in 37 CFR 1.18(b)(1) is not required for an international design application designating the United States that was published by the International Bureau.”…
Read MoreHow does the USPTO handle overpayment of issue or publication fees?
The USPTO has specific procedures for handling overpayments of issue or publication fees. According to MPEP 1306: “An overpayment of an issue fee will be refunded to the applicant or, if the applicant so instructs, may be applied to another application of the applicant. Overpayment of less than $1 will not be refunded unless specifically…
Read MoreIs the small entity discount available for the patent application publication fee?
No, the small entity discount is not available for the patent application publication fee. The MPEP explicitly states: “The small entity discount is not available for the publication fee.” (MPEP 1126) This means that all applicants, regardless of their entity size, must pay the full publication fee as set forth in 37 CFR 1.18(d). It’s…
Read MoreWhat happens to the publication fee if I file a Request for Continued Examination (RCE) after receiving a Notice of Allowance?
If you file a Request for Continued Examination (RCE) after receiving a Notice of Allowance but before the three-month payment period expires, the due date for the publication fee will be suspended. The MPEP states: “If applicant files a request for continued examination (RCE) under 37 CFR 1.114 after a Notice of Allowance and Fee(s)…
Read MoreIs the publication fee refundable if my patent application is not published?
Yes, the publication fee is refundable if your patent application is not published. The MPEP states: “The Office will refund the publication fee (if paid) if the application is not published as a patent application publication, but will not refund the publication fee if the application is published as a patent application publication, even if…
Read MoreWhen is the publication fee for a patent application due?
The publication fee is typically due with the Notice of Allowance and Fee(s) Due. As stated in the MPEP, “The publication fee set forth in 37 CFR 1.18(d) must be paid in each application published (or scheduled to be published) under 35 U.S.C. 122(b) before a patent will be granted on the application. The publication…
Read MoreWhat fees are required when receiving a Notice of Allowance?
When receiving a Notice of Allowance, applicants are typically required to pay an issue fee. For applications subject to publication under 37 CFR 1.211, both the issue fee and publication fee may be required. However, it’s important to note that “the publication fee was reset to $0.00 effective January 1, 2014” as stated in MPEP…
Read MoreWhat happens if I pay the issue fee but don’t submit the publication fee?
If you pay the issue fee but fail to submit the publication fee, your application will still proceed to issuance. However, the USPTO will send you a notice requiring payment of the publication fee. As stated in MPEP 1306: “If an applicant pays the issue fee in an application under 35 U.S.C. 111(a), or in…
Read MoreWhat is the process for requesting republication of a patent application?
To request republication of a patent application, an applicant must follow these steps: Submit a copy of the application that complies with the USPTO patent electronic filing system requirements Pay the publication fee set forth in 37 CFR 1.18(d) Pay the processing fee set forth in 37 CFR 1.17(i) As stated in the MPEP: “If…
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…
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