What is the process for reviewing a decision refusing to accept and record a maintenance fee payment?
The process for reviewing a decision refusing to accept and record a maintenance fee payment is outlined in 37 CFR 1.377. This regulation provides a mechanism for patentees who are dissatisfied with the refusal of the Patent and Trademark Office to accept and record a maintenance fee filed prior to patent expiration. According to the…
Read MoreCan I submit maintenance fee payments by mail?
Yes, you can submit maintenance fee payments by mail, although electronic submissions are preferred. The MPEP 2510 provides guidance on mailing maintenance fee payments: “Non-electronic payments should be sent to: United States Patent and Trademark Office, P.O. Box 979071, St. Louis, MO 63197-9000.” When submitting by mail, ensure that you include all necessary information and…
Read MoreHow many independent and distinct designs can be claimed in a single international design application designating the United States?
The United States allows only one independent and distinct design to be claimed in a single international design application. This limitation is based on a specific declaration made under the Hague Agreement. As stated in the MPEP, “Pursuant to Article 13(1), the United States declared that only one independent and distinct design may be claimed…
Read MoreHow are lengthy “Sequence Listings” published in patents and patent application publications?
Lengthy “Sequence Listings” (i.e., at least 600 Kb or about 300 typed pages) are no longer printed with paper and composed electronic image versions of patents and patent application publications. Instead, they are published only in electronic form and made available on the USPTO sequence homepage. As stated in the MPEP: The “Sequence Listing” will…
Read MoreCan a legal entity be listed as an inventor in a U.S. design patent application?
No, a legal entity cannot be listed as an inventor in a U.S. design patent application. The MPEP 2920.01 clearly states: “Under the laws of certain foreign countries, the creator may be a legal entity. Under U.S. national law, however, the inventor cannot be a juristic entity.” This means that while some foreign countries may…
Read MoreWhat happens if a “Sequence Listing XML” is not submitted with an international application?
If a “Sequence Listing XML” is not submitted with an international application, the United States International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA) may issue a notice requiring compliance. According to MPEP 2414.05: “Where applicant has not provided a sequence listing in accordance with Annex C of the Administrative Instructions and the USPTO…
Read MoreHow does late payment of maintenance fees affect others’ rights?
Late payment of maintenance fees can affect the rights of third parties who acted during the period when the patent was considered expired. MPEP 2501 states: “A patent, the term of which has been maintained as a result of the acceptance of a payment of a maintenance fee under this subsection, shall not abridge or…
Read MoreWhat fees are associated with late submission of a “Sequence Listing XML” in PCT applications?
When submitting a “Sequence Listing XML” in response to a notice from the United States International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA), applicants are required to pay a late furnishing fee. According to MPEP 2414.05: “In response to such a requirement, the late furnishing fee set forth in § 1.445(a)(5) is also…
Read MoreAre there language requirements for the InventionTitle element in international applications?
Yes, there are specific language requirements for the InventionTitle element in international applications. According to MPEP 2413.01(i): “When the USPTO is the Receiving Office (RO/US) for an international application, the English language is required for the InventionTitle element and any other language dependent free text element of the ‘Sequence Listing XML.’” If a non-English language…
Read MoreWhat are the key sources for definitions in international design applications?
The key sources for definitions in international design applications are: 35 U.S.C. 381 37 CFR 1.9 and 1.1001 Article 1 of the Hague Agreement Rule 1 of the Common Regulations Under the 1999 Act and the 1960 Act of the Hague Agreement As stated in MPEP 2902: “Definitions of relevant terms are set forth in…
Read More