What happens to documents submitted for recording at the USPTO Assignment Division?
Documents and cover sheets submitted for recording at the USPTO Assignment Division are examined for formal requirements. The process is as follows: Documents that meet the requirements are recorded. Documents that do not meet the requirements are returned to the sender with an explanation. If the sender disagrees with the rejection, they can petition the…
Read MoreWho can request a title report from the USPTO?
Title reports are internal documents used by the USPTO and are not available for direct request by external parties. The MPEP explicitly states: Title reports may not be ordered by applicants or attorneys. These reports are typically requested by internal USPTO staff, such as the Reexamination Preprocessing Staff, when needed for specific procedures.
Read MoreHow do I correct an error in a recorded assignment document?
To correct an error in a recorded assignment document, you need to submit a ‘corrective document’ to the Assignment Division. This document should include: A copy of the original assignment document with corrections made, initialed, and dated by the party conveying the interest. A new Recordation Form Cover Sheet (form PTO-1595) identifying the submission as…
Read MoreWhat are the consequences of failing to respond to a 37 CFR 1.251 notice?
The consequences of failing to respond to a 37 CFR 1.251 notice differ for pending applications and granted patents: For pending applications: Failure to reply within the set time period will result in abandonment of the application. MPEP 508.04 cites 37 CFR 1.251(b): “With regard to a pending application, failure to comply with one of…
Read MoreWhat is the institution of higher education basis for micro entity status?
The institution of higher education basis allows applicants to qualify for micro entity status if: The applicant’s employer, from which the applicant obtains the majority of their income, is an institution of higher education as defined in the Higher Education Act of 1965, or The applicant has assigned, granted, conveyed, or is obligated to assign,…
Read MoreHow is gross income determined for micro entity status?
For micro entity status, gross income is determined as follows: Based on the calendar year preceding the year a fee is paid Uses the definition of gross income in section 61(a) of the Internal Revenue Code Compared to three times the median household income as reported by the Bureau of the Census For non-US income,…
Read MoreWhat fees are reduced for micro entities?
Micro entities receive a 75% reduction on many USPTO fees, including: Filing fees (nonprovisional and provisional) Search fees Examination fees Issue fees Appeal fees Maintenance fees Patent Trial and Appeal Board fees The micro entity discount applies to most fees ‘for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents.’
Read MoreWhat happens if I lose entitlement to micro entity status?
If you lose entitlement to micro entity status, you must: File a notification of loss of entitlement to micro entity status in the application or patent Pay the required fee in the small entity or undiscounted amount, as appropriate The notification must be filed prior to or at the time of paying the earliest fee…
Read MoreHow does the application filing limit work for micro entity status?
The application filing limit for micro entity status works as follows: An applicant must not have been named as an inventor on more than 4 previously filed patent applications This limit excludes provisional applications, foreign applications, and PCT applications where the basic national fee was not paid Applications filed as a result of previous employment…
Read MoreHow do I certify micro entity status?
To certify micro entity status, you must file a certification form with the USPTO. The USPTO provides two forms: Form PTO/SB/15A for certifying under the gross income basis Form PTO/SB/15B for certifying under the institution of higher education basis The certification must be signed by an authorized party as defined in 37 CFR 1.33(b). It…
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