How are excess claims fees calculated in inter partes reexamination?
Excess claims fees in inter partes reexamination are calculated based on the number of claims added beyond certain thresholds. According to MPEP 2666.04: Independent claims fee (37 CFR 1.20(c)(3)): Due for each independent claim in excess of three AND in excess of the number of independent claims in the patent being reexamined. Total claims fee…
Read MoreWhere can I find a complete list of PCT fee amounts payable to the USPTO?
A complete list of Patent Cooperation Treaty (PCT) fee amounts payable to the United States Patent and Trademark Office (USPTO) can be found in two main places: At the beginning of each weekly issue of the Official Gazette of the United States Patent and Trademark Office On the International Patent Legal Administration page of the…
Read MoreWhat fee is required for petitioning to make a patent application special?
According to MPEP 1002.02(s), one type of petition to make a patent application special that is decided in the Technology Centers involves a fee. The MPEP states: “petitions filed with payment of fee under 37 CFR 1.17(h)“ This means that to petition for special status under this category, you must pay the fee specified in…
Read MoreWhat is the issue fee for a reissue patent?
The issue fee for a reissue patent is set by the USPTO and is subject to change. According to the MPEP: “The issue fee for issuing each reissue patent is set forth in 37 CFR 1.18(a).” To find the current issue fee for a reissue patent, you should refer to the latest fee schedule published…
Read MoreWhat fees are required for filing a reissue application?
For reissue applications, the following fees are required: Basic filing fee (37 CFR 1.16(e)) Search fee (37 CFR 1.16(n)) Examination fee (37 CFR 1.16(r)) Application size fee, if applicable Excess claims fees, if applicable As stated in the MPEP, “The basic filing, search and examination fees are due on filing of the reissue application.” However,…
Read MoreCan an authorization to charge fees under 37 CFR 1.16 be used for national stage applications?
Yes, an authorization to charge fees under 37 CFR 1.16 can be used for national stage applications, even though these fees typically relate to national applications under 35 U.S.C. 111(a). MPEP 1893.01(c) explains: “An authorization to charge fees under 37 CFR 1.16 in an international application entering the national stage under 35 U.S.C. 371 will…
Read MoreHow can I request a refund for fees paid in an international patent application?
To request a refund for fees paid in an international patent application or a national stage application, you need to submit a request under 37 CFR 1.26 or 1.446 to the Director of International Patent Legal Administration. As stated in MPEP 1002.02(p): “Requests under 37 CFR 1.26 or 1.446 for refund of fees paid in…
Read MoreHow do I request early publication for my patent application?
To request early publication for your patent application, follow these steps: Submit a request in compliance with 37 CFR 1.219. Pay the publication fee as set forth in 37 CFR 1.18(d). As stated in MPEP 1129, “Any request for early publication must be accompanied by the publication fee set forth in § 1.18(d).” It’s important…
Read MoreWhat fees are required for entering the U.S. national stage?
The fees required for entering the U.S. national stage include: Basic national fee (37 CFR 1.492(a)): Must be paid within 30 months from the priority date to avoid abandonment. Search fee (37 CFR 1.492(b)): Due on commencement of the national stage. Examination fee (37 CFR 1.492(c)): Due on commencement of the national stage. Application size…
Read MoreWhat fees are associated with filing a Notice of Appeal?
Filing a Notice of Appeal requires payment of specific fees as set by the USPTO. According to the MPEP, “The fees for appeal as set forth in 35 U.S.C. 41(a)(6) have been adjusted by rule at 37 CFR 41.20(b).” These fees include: Fee for filing a notice of appeal (37 CFR 41.20(b)(1)) Fee for filing…
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