How does the USPTO fee structure differ for recording patent and trademark documents?
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…
Read MoreAre there any exceptions to paying the recording fee at the USPTO?
Yes, there are exceptions to paying the recording fee at the USPTO. According to MPEP 302.06, no fee is required for certain documents related to Executive Order 9424. Specifically: No fee is required for each patent application and patent against which a document required by Executive Order 9424 is to be filed if: (1) The…
Read MoreHow do I calculate the application size fee for a patent application?
How do I calculate the application size fee for a patent application? The application size fee is an additional charge for patent applications exceeding a certain number of pages. Here’s how to calculate it: Count the total number of pages in your application, including specification, claims, abstract, and drawings. Subtract 100 from the total page…
Read MoreCan I change my entity status during the patent application process?
Can I change my entity status during the patent application process? Yes, you can change your entity status during the patent application process. The MPEP 509.03 states: “Small entity status may be claimed in a pending application at any time before, or concurrently with, the payment of an issue fee.” This means you can: Change…
Read MoreWhat are the consequences of improperly claiming small entity status?
What are the consequences of improperly claiming small entity status? Improperly claiming small entity status can have serious consequences. The MPEP 509.03 states: “Improperly and with intent to deceive establishing status as a small entity, or paying fees as a small entity, shall be considered as a fraud practiced or attempted on the Office.” This…
Read MoreWhat happens if I wrongly claim small entity status?
What happens if I wrongly claim small entity status? Wrongly claiming small entity status can have serious consequences. According to MPEP 509.03: “Improperly and with intent to deceive establishing status as a small entity, or paying fees as a small entity, shall be considered as a fraud practiced or attempted on the Office.” The consequences…
Read MoreWhat are the fees for recording assignment documents with the USPTO?
The fees for recording assignment documents are set forth in 37 CFR 3.41. According to the MPEP: For electronic submissions: The fee is currently $0 (as per 37 CFR 1.21(h)(1)) For paper or facsimile submissions: The fee is set in 37 CFR 1.21(h)(2) The MPEP advises: Customers should check the current fee schedule on the…
Read MoreWhat is the fee for recording a corrective document or substitute statement with the USPTO?
The fee for recording a corrective document or substitute statement with the USPTO is the same as the fee for recording the original assignment document. MPEP 323 states: “The fee for recording a corrective document or substitute statement is the same as the fee for recording the original assignment document.” As of 2023, the fee…
Read MoreDo I need to pay a fee to correct an error in a recorded assignment at the USPTO?
Whether you need to pay a fee to correct an error in a recorded assignment at the USPTO depends on the type of correction: Cover sheet corrections: No fee is required for submitting a corrective document to fix errors in the cover sheet data. Assignment document corrections: A recording fee is required when submitting a…
Read MoreWhat are excess claims fees and when do they apply?
Excess claims fees are additional fees charged for patent applications that contain more than a certain number of claims. According to the MPEP: 37 CFR 1.16(h) sets the fee for each independent claim in excess of three. 37 CFR 1.16(i) sets the fee for each claim (independent or dependent) in excess of twenty. The MPEP…
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