Who can pay maintenance fees for a patent?
According to MPEP 2515, anyone can pay maintenance fees for a patent. Specifically, the section states: “The patentee may pay maintenance fees and any necessary surcharges or any person or organization may pay maintenance fees and any necessary surcharges on behalf of the patentee.“ This means that the patent owner, a legal representative, or even…
Read MoreWhat fees are required for a supplemental examination request?
According to MPEP 2811, the fees required for a supplemental examination request are specified in 37 CFR 1.610(a). These include: The fee specified in 37 CFR 1.20(k)(1) for the supplemental examination request The fee for reexamination ordered as a result of a supplemental examination proceeding, as set forth in 37 CFR 1.20(k)(2) Any applicable document…
Read MoreHow do I pay for a certified copy of a reexamination file?
When ordering a certified copy of a reexamination file, you have flexible payment options. According to the MPEP, the cost of the copy may be charged to a credit card or deposit account. You can use the following payment methods: Credit card USPTO deposit account When placing your order through the PTCFB’s Certified Copy Center…
Read MoreWhat fees are associated with patent reexamination?
Patent reexamination involves several fees as outlined in MPEP 2233: Request fee (37 CFR 1.20(c)(1) or (c)(2)) Addition of claims fees (37 CFR 1.20(c)(3) and (c)(4)) Extension of time fees Appeal, appeal forwarding, and oral hearing fees (37 CFR 41.20(b)) Petition fees (37 CFR 1.17(m) and 1.20(c)(6)) The MPEP states: “No fee is required for…
Read MoreAre fee reductions available for patent reexamination?
Yes, fee reductions are available for patent reexamination, but with certain limitations. According to MPEP 2233: “Small entity and micro entity reductions are available to the patent owner for excess claim fees, appeal, appeal forwarding, and oral hearing fees. For the request and petition fees, small entity reductions are available to both third party requesters…
Read MoreHow are maintenance fee amounts determined for patents?
Maintenance fee amounts for patents are set by 37 CFR 1.20(e)-(h) and are subject to adjustment based on fluctuations in the Consumer Price Index, as per 35 U.S.C. 41(f). The MPEP states: “The maintenance fee amounts are subject to adjustment to reflect fluctuations occurring in the Consumer Price Index pursuant to 35 U.S.C. 41(f).” Additionally,…
Read MoreCan I get a refund if I withdraw my patent term extension application?
No, withdrawing your patent term extension application does not entitle you to a refund of the filing fee. The MPEP 2764 clearly states: “The filing of an express withdrawal pursuant to this section and its acceptance by the Office does not entitle applicant to a refund of the filing fee (§ 1.20(j)) or any portion…
Read MoreWhat happens with fees in merged reexamination proceedings?
In merged reexamination proceedings, the fee structure is simplified. According to MPEP 2233: “When a fee is required in a merged proceeding (see MPEP § 2283 and § 2285), only a single fee is needed even though multiple copies of the submissions (one for each file) are required.“ This means that despite the need for…
Read MoreHow are mega-sequence listings (300 MB or over) handled in international applications and national stage entries?
The handling of mega-sequence listings (300 MB or over) differs between international applications and national stage entries: In international applications (PCT), submissions of mega-sequence listings are not subject to the mega-sequence listing submission fees set forth in 37 CFR 1.21(o). However, for national stage applications under 35 U.S.C. 371, the fee under 37 CFR 1.21(o)…
Read MoreHow 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.”…
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