USPTO - Improvements to Private PAIR

Today, the USPTO announced improvements to Private PAIR, which gives online access to records of unpublished patent applications:
 
"Users can now self-administer, in real time, a number of routine administrative tasks that previously required the submission of a paper form. The new Private PAIR features enable self-administration of the following items:

• Entity status changes (Micro, Small, or Regular Undiscounted)
• Update Correspondence Address
• Update Maintenance Fee Address
• Request a new customer number

Entity status and correspondence address updates will be visible in the transaction history, and a copy of each change request will be uploaded to the Image File Wrapper (IFW).

Users may notice that all applications are set to Regular Undiscounted entity status by default upon initial filing until the application completes formalities review. Once this review is complete, the entity status will be updated based on any assertion of small or micro entity status.

The Address & Attorney/Agent tab has also been enhanced to include complete information for Correspondence Address, Maintenance Fee Address and Power of Attorney information."

Learn more at the PAIR Announcements page.

Copyright © 2015 Robert Moll. All rights reserved.

USPTO Fee Schedule Effective on March 19, 2013

The United States Patent and Trademark Office (USPTO) Fee Schedule effective on March 19, 2013.

Copyright © 2013 Robert Moll. All rights reserved.

USPTO Public Forum to Discuss First-Inventor-to-File, Micro Entity, and Patent Fee Final Rules on March 15, 2013

The USPTO has changed the time of the public forum on the first-inventor-to-file, the micro entity and fee final rules. Here is the agenda: First-Inventor-to-File, Micro Entity, and Patent Fee Public Forum Agenda

The forum will be held at the Madison Auditorium on the Alexandria campus 1-4 pm ET, Friday, March 15, 2013. This enables the West coast to participate by webcast, but remains close to the effective date of the final rules: first-inventor-to-file rules become effective on March 16, 2013 and micro entity and fees rules become effective on March 19, 2013.

Here is the WebEx Webinar Access Information:
Event number: 996 254 133
Event password: 123456
Event address for attendees: https://uspto-events.webex.com/uspto-events/onstage/g.php?d=996254133&t=a

Copyright © 2013 Robert Moll. All rights reserved.

America Invents Act - USPTO Final Rules for Micro Entity Provisions

On December 19, 2012, the USPTO published its final rules to implement micro entity provisions of the America Invents Act (AIA).

If you are a startup or an individual inventor, it is worth becoming familiar with these rules as a micro entity can save 75% on certain PTO fees in the future.

So what is a micro entity? 35 U.S.C. 123(a) provides a "micro entity" is an applicant who can certify it (1) qualifies as a small entity as defined 37 CFR 1.27; (2) has not been named an inventor on four previously filed U.S. nonprovisional patent applications; (3) did not, in the calendar year preceding the calendar year in which the application fee is being paid, have a gross income, as defined by 26 U.S.C. 61(a), exceeding three times the median household income for that preceding year (or as reported to the Census Bureau). So if you paid the fee in 2013 you would look at U.S. median household incomes in 2012.

I found a NYT article U.S. Income Gap Rose, Sign of Uneven Recovery stating the US median household income was $50,054 in 2011. Since US median household income has slightly decreased in recent years, it suggests falling under $150,000 may suffice. Note this is just a guess and if you have a link to official data for 2012, please email it so I can give a more accurate income number.

Also my practice is to pay the larger amount on PTO fees unless the applicant is clearly qualified. It may appear to be waste, but courts have been quite harsh to applicants who paid small entity fees improperly. I imagine similar scenarios for a micro entity that makes that type of mistake.

Can you take advantage of the micro entity fee reduction today? Unfortunately, not yet. The micro entity rules will be effective on March 19, 2013, and the micro entity fee schedule is expected in Spring 2013.

Copyright © 2013 Robert Moll. All rights reserved.

America Invents Act - Proposed Rules to Implement Micro Entity Provision of the America Invents Act

On May 30, 2012, the USPTO published proposed rules for the micro entity reduced fees of the America Invents Act (AIA). The proposed rules tell how to: (i) claim micro entity status; (ii) notify of loss of micro entity status; (iii) pay micro entity fees; and (iv) correct erroneous claims for micro entity status. If you qualify as a micro entity, you get 75% reduction in certain PTO fees (not in attorney fees).

For details see the Federal Register Notice: Changes to Implement Micro Entity Status for Paying Patent Fees

The sixty-day public comment period runs from May 30, 2012.

Also see the AIA micro-site for other details.

Copyright © 2012 Robert Moll. All rights reserved.