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How does the USPTO fee structure differ for recording patent and trademark documents?

By russ.krajec@blueironip.com | September 9, 2024

The USPTO has different fee structures for recording patent and trademark documents. According to MPEP 302.06: For patents: The fee is set in 37 CFR 1.21(h) For trademarks: The fee is set in 37 CFR 2.6(b)(6) Additionally, for patent documents: Electronic submissions currently have a $0 fee Paper or fax submissions have a fee set…

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How does the USPTO handle refunds for fees paid by credit card?

By russ.krajec@blueironip.com | September 9, 2024

The USPTO has specific procedures for handling refunds of fees paid by credit card. According to MPEP 509: 35 U.S.C. 42(d) and 37 CFR 1.26 (which concern refund of patent and trademark fees) also apply to requests for refund of fees paid by credit card. Any refund of a fee paid by credit card will…

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What is the Credit Card Payment Form (PTO-2038) and when should it be used?

By russ.krajec@blueironip.com | September 9, 2024

The Credit Card Payment Form (PTO-2038) is a specific form provided by the USPTO for making credit card payments for patent and trademark process fees. According to MPEP 509: Credit Card Payment Form (PTO-2038) should be used when paying a patent process or trademark process fee (or the fee for an information product) by credit…

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What is the fee for recording documents with the USPTO?

By russ.krajec@blueironip.com | September 9, 2024

The fee for recording documents with the USPTO varies depending on the method of submission and the type of intellectual property involved. According to MPEP 302.06: For patents: If submitted electronically: $0 (as of 2019) If submitted on paper or via facsimile: Fee set in 37 CFR 1.21(h)(2) For trademarks: Fee set in 37 CFR…

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How should fees be itemized when submitting payment to the USPTO?

By russ.krajec@blueironip.com | September 9, 2024

The USPTO requires clear itemization of fees to ensure proper accounting. According to MPEP 509: 37 CFR 1.22(b) sets forth that fees must be itemized in such a manner that it is clear for which purpose fees are paid. The Office may return fees that are not itemized. However, the MPEP clarifies that the itemization…

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