Is there a fee for filing an appeal brief?
As of March 19, 2013, there is no fee for filing an appeal brief in patent applications or ex parte reexamination proceedings. The MPEP 1205.01 states: “Effective March 19, 2013, the statutory fee for filing an appeal brief was adjusted to $0. As long as the fee under 37 CFR 41.20(b)(2) remains $0, the appeal…
Read MoreIs there a fee for requesting a Certificate of Correction for an Office mistake?
No, there is no fee for requesting a Certificate of Correction for an Office mistake. According to MPEP 1480, which cites 35 U.S.C. 254: “Whenever a mistake in a patent, incurred through the fault of the Patent and Trademark Office, is clearly disclosed by the records of the Office, the Director may issue a certificate…
Read MoreHow are excess claims fees determined for reissue applications?
Excess claims fees for reissue applications are determined based on the number of claims in the reissue application itself, not the original patent. The MPEP clearly states: “Under 37 CFR 1.16(h) and (i), the number of claims in the original patent is not relevant in determining the excess claims fee for a reissue application.” Excess…
Read MoreHow does the USPTO handle excess claim fees for PCT applications entering the national stage?
The USPTO has specific rules for handling excess claim fees in PCT applications entering the national stage. According to MPEP 1893.01(c): “Excess claims fees, if any, due under 37 CFR 1.492(d)-(e) based on the number of claims present in the application on filing must be paid within the time period set forth in 37 CFR…
Read MoreDo I need to pay the publication fee again if I request early publication?
No, if you request early publication and pay the publication fee at that time, you will not need to pay the fee again at allowance. According to MPEP 1129: “Note that if early publication is requested, and the publication fee paid, applicant will not be required to pay the publication fee at allowance.” This policy…
Read MoreWhat are the fees associated with a design reissue application?
The fees for a design reissue application include: Application fee: Set forth in 37 CFR 1.16(e) Search fee: 37 CFR 1.16(n) Examination fee: 37 CFR 1.16(r) Issue fee: 37 CFR 1.18(b) It’s important to note that “The additional fees in 37 CFR 1.16(h) and 37 CFR 1.16(i) do not apply for a design reissue application…
Read MoreWhat are the fees associated with reissuing a design patent?
The fees for reissuing a design patent are specified in the Code of Federal Regulations. According to MPEP 1509: For design reissue application filing, search and examination fees, see 37 CFR 1.16(e). For the fee for issuing a reissue design patent, see 37 CFR 1.18(a). It’s important to check the current fee schedule on the…
Read MoreWhat is the current publication fee for patent applications?
As of January 1, 2014, the publication fee for patent applications has been set to $0.00. The MPEP states: “Effective January 1, 2014, the publication fee set forth in 37 CFR 1.18(d) is $0.00.” (MPEP 1126) This change effectively eliminated the financial burden of the publication fee for patent applicants. However, it’s important to note…
Read MoreWhat is the fee for a Certificate of Correction?
The fee for a Certificate of Correction depends on the type of correction being made. According to MPEP 1481: For corrections of applicant’s mistake (other than inventorship): The fee is set forth in 37 CFR 1.20(a). For correction of inventorship in a patent: The fee is set forth in 37 CFR 1.20(b). It’s important to…
Read MoreHow is the application size fee calculated for reissue applications?
The application size fee is calculated based on the number of sheets in the specification and drawings. According to 37 CFR 1.16(s), this fee applies to applications exceeding 100 sheets of paper. The MPEP states: “The application size fee applies for each additional 50 sheets or fraction thereof over 100 sheets of paper.” However, certain…
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