Can foreign applicants qualify for micro entity status?
Yes, foreign applicants can qualify for micro entity status if they meet all the requirements. The USPTO states in MPEP 509.04(a): Small entities may claim reduced fees regardless of the country in which they are located. There is no restriction requiring that the person, small business concern, or nonprofit organization be located in the United…
Read MoreHow can applicants find a new patent attorney or agent when their current one is suspended?
When an applicant’s patent attorney or agent is suspended, they can find a new registered patent attorney or agent by: Consulting the USPTO website at https://oedci.uspto.gov/OEDCI/ Calling the Office of Enrollment and Discipline at (571) 272-4097 This information is provided in Form Paragraph 4.07 of MPEP § 407.
Read MoreCan arbitration awards in patent disputes be modified?
Yes, arbitration awards in patent disputes can be modified under certain circumstances. According to 35 U.S.C. 294(c): ‘The parties to an arbitration may agree that in the event a patent which is the subject matter of an award is subsequently determined to be invalid or unenforceable in a judgment rendered by a court of competent…
Read MoreWhat are the requirements to qualify for micro entity status?
To qualify for micro entity status, an applicant must meet the following requirements: Qualify as a small entity Not be named as an inventor on more than 4 previously filed patent applications Not have a gross income exceeding 3 times the median household income in the previous calendar year Not have assigned, licensed, or be…
Read MoreHow long does micro entity status last?
Micro entity status, once properly established, generally remains in effect until: A fee is paid in the small entity or undiscounted amount A notification of loss of entitlement to micro entity status is filed The issue fee or a maintenance fee is due However, the applicant has a continued obligation to verify eligibility for micro…
Read MoreHow often are reserved sections in the MPEP updated or filled?
The frequency of updates to reserved sections in the MPEP varies and is determined by the USPTO based on several factors: Changes in patent laws or regulations New court decisions affecting patent examination Evolving USPTO policies and procedures Feedback from patent examiners and practitioners Reserved sections may be filled or updated during regular MPEP revisions,…
Read MoreWhy are some sections in the MPEP marked as [Reserved]?
Sections in the Manual of Patent Examining Procedure (MPEP) are sometimes marked as ‘[Reserved]’ for several reasons: To maintain consistent numbering across editions To allow for future expansion of content To accommodate planned updates or revisions To serve as placeholders for potential new topics or guidance This practice helps the USPTO maintain flexibility in organizing…
Read MoreWhat does MPEP 404 – [Reserved] mean?
MPEP 404 is currently marked as ‘[Reserved]’, which means this section is not currently in use but is being held for potential future content or updates. The USPTO may use this section in future revisions of the Manual of Patent Examining Procedure to add new information or guidance related to the representation of applicants or…
Read MoreCan a patent practitioner appoint a substitute before their death?
No, a patent practitioner cannot appoint a substitute whose power would survive their own death. The MPEP clearly states: The patent practitioner may not appoint a ‘substitute’ and any attempt by the patent practitioner to appoint a ‘substitute’ patent practitioner whose power is intended to survive his or her own will not be recognized by…
Read MoreHow can I petition for my correspondence to be considered filed on a particular date due to a Priority Mail Express® interruption?
You can petition the USPTO Director to consider correspondence as filed on a particular date if it was returned or refused by the USPS due to a Priority Mail Express® interruption or emergency. The petition process is outlined in 37 CFR 1.10(g) and (h): File the petition promptly after becoming aware of the return or…
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