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3

It depends on the contract between you and your (ex-)employer and your state laws. If your employer does not want to pursue the patent application, in some jurisdictions/contracts they have to ask you if you want to pursue the application instead. In others, all you can do is ask them nicely if they transfer the patent to you or take your money to pay the ...


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Patents are territorial rights and for limited period of time(i.e. 20 years). subject query patent was filed in 1992 granted in 1994 and expired way back. Since your Mother assigned you patent in 1999 you could have paid fee till 2000. There is no point to revive the application which has passed its term.


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In general, the owner would need to petition the USPTO to allow payment of the maintenance fee late on the grounds of "unavoidable" delay. An alternate reason, "unintentional" delay is easier but cannot be used after two years. In this specific case, the patent would have normally expired in 2012 anyway.


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Yes, you can easily do this yourself. The reason I would consider using an attorney in situations like this relate to the question of what happens if something goes wrong? The attorney is less likely to get things wrong and has insurance to make you whole if they do get it wrong. While costly, your situation may warrant using a patent attorney. ...


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The fees you are quoting in the question are for a NON-PROVISIONAL patent application. As people discussed, the micro entity fees for a provisional would be $65.00. However, provisional patent applications are not required to have claims, nor is there any cost for including claims in a provisional application. You could have none, 20 or 100 claims in a ...


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There's no such thing as a provisional PATENT, only a provisional patent application. It is never examined so the search/etc. fees aren't calculated and I don't think you even need to have claims, much less any restrictions on quantity. It works basically like a bookmark, indicating that you were in possession of whatever is described, as of the date filed. ...


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The short answer is “no,” which is the answer I was hoping for. This was first confirmed in an answer written by a patent attorney (U.S. - CA) responding to my same question posted on quota.com. It was later confirmed to me in a phone call today with the USPTO. So, it appears the Accelerated Examination option, when accessed based on the age or medical ...


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There is a key distinction made between withdrawn claims and canceled claims. A canceled claim subtracts from your total, a withdrawn claim does not. I know of someone - a patent attorney - who withdrew 20 claims, added twenty claims and then got a notice of fees due on having 40 total claims on file. It is unfix-able by any action after the amendment was ...


2

I am willing to pay the issue fee myself. Is this allowed? I do not believe it is possible to validly pay the fee yourself (though, since I have never had the occasion to try, I could be wrong). The issuance procedure generally requires that a fee transmittal form be sent along with the fee (MPEP § 1303). This form must be signed by the applicant (or their ...


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If you did not pay yet (no refund...): yes - a readable blog post which says: "In a US national stage application filed with excess or multiple dependent claims, the USPTO will issue a Notice of Insufficiency which will provide the applicant with an opportunity to amend the claims to reduce or eliminate excess claims and multiple dependent claims". Also ...


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i. Yes. Only the assigned application assigned to ineligible entity forfeits eligibility for discount. ii. If pro se inventor's (micro entity) income is affected by the assignment transaction in a manner that gross income crosses three times median house hold income of preceding year than only following applications (also if the application is the sixth ...


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Very easy to look up post-grant fee table at USPTO Please figure it out from this information. Note that Entity Status can change both during prosecution and after grant. You may or may not qualify as a micro-entity at the time the fee is due. Note, what the rest of the world calls a renewal fee, the U.S. calls a maintenance fee. Patent Maintenance Fees ...


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Is any of these steps associated with any fees No, none whatsoever as of now. ... actually never fills any application, does that have any consequences Again the answer is 'NO'. If one does not use one's account and does not change password regularly then USPTO account gets locked. Access to private PAIR also gets locked after a certain time period. ...


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There is a fee schedule for the USPTO's services. There are fees to file a PPA and more expensive fees for an NPA. Generally, fees are lower for smaller entities. There is a micro-entity fee and a small entity fee for most fee items. There are fees related to appeals, to requesting an IPR, and to a reissue application. Generally fees are due at filing ...


1

I have been using Totalpatent and Totalpatentone from LEXISNEXIS and STN from CAS all three are paid version. If your need is only for research, Google patent or Patent lens would do work. The paid versions offer an extra edge for professionals who always need to monitor the patent status or continuation applications. The differences which I had observed ...


1

Assignments may be differently worded; but you very likely assigned full title and ownership. If the assignee wants to waste the patent opportunity it’s their right. Actually, the assignee may have decided that going the trade secret approach would provide a better return than a patent. The facts of this situation may support this theory. But you did ...


1

European patents expire 20 years from their filling date. In your case filling date is 30.01.2002. Interestingly, there is a small discrepancy across the contracting states of the European Patent Office. Some consider the date of filling as being included in the 20-year time span (FR, UK) and some don't (DE) ("What is the term of a European patent?" by M. ...


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Does this preclude me from filing more than five applications (all at micro entity pricing) at the same time? Almost certainly. The relevant rule is provide by 37 CFR 1.29(a), which requires (emphasis added): (a) To establish micro entity status under this paragraph, the applicant must certify that: ... (2) Neither the applicant nor the inventor nor a joint ...


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There are no bulk filing fees at the U.S. Patent Office. http://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule There are discounts such as the micro entity and small entity fee schedules if you qualify. However, the micro-entity works against bulk filing. If you are planning on using a patent attorney or patent agent to ...


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If patent is lapsed due to non-payment of Maintenance fee one can revive it filing a Petition See Earlier answer Failure to pay maintenance fees Now Such Petition is Hard to track As I see no option to find this information on PAIR. If a Petition is filed it is the matter between Patent office and applicant Ideally It should be made available via ...


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This is covered in the USPTO MPEP: 2591 Intervening Rights in Reinstated Patents Intervening rights in reinstated patents are provided by 35 U.S.C. 41(c)(2) which is reproduced in MPEP § 2501. No patent, the term of which has been maintained as a result of the acceptance of a late payment of a maintenance fee, shall abridge or affect the right ...


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Your Query contains Two Issues:- 1. Can Any person revive Patent after not paying Maintenance fees? YES but in certain circumstances and not after 2 years. For more information see Failure to pay maintenance fees MPEP2590 Acceptance of Delayed Payment of Maintenance Fee in Expired Patent to Reinstate Patent II. UNINTENTIONAL DELAY ...


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No, the idea is not patentable anymore. Once any person anywhere publishes knowledge on how to create the invention (whether publishes it in a patent, online, in a novel, etc...), the idea can no longer be patented. Clerks at patent offices have to review many sources (generally patent offices in other countries, existing patent applications, engineering ...


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Also how long are patent granted for 15 years or 20 years and is this from the date o publication or from the date of Granting of the patent. Quoting the EPO's website: "The maximum term of a European patent is 20 years from its filing date. The patent may lapse earlier if the annual renewal fees are not paid or if the patent is revoked by the patentee or ...


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