Qualifying for Small and Micro Entity Discounts in the U.S. Patent Office
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- Опубліковано 15 жов 2024
- (94) Navigating the intricacies of patent discounts can be daunting. The U.S. Patent Office offers substantial fee reductions for small and micro entities, but understanding where you qualify can be complex. In this video, I break down the differences between large, small, and micro entities, explaining how you can qualify for an 80% discount and avoid potential pitfalls that could invalidate your patent.
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John Ferrell, Esq.
jsferrell@carrferrell.com
Monopoly Architect, Patent Strategist, Attorney
Carr & Ferrell LLP
411 Borel Ave., Ste. 603
San Mateo, CA 94402
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Hi John! First of all, thank you for all of the assistance that you've provided online. It is a huge help to laymen like myself. I followed one of your videos to file my first PPA. I just got back a Notice to File Missing Parts of Provisional Application. It essentially says that I need to file to be a Micro-Entity because I only paid the $60 fee. Your video did not mention that this needed to be done. How do I resolve this quickly?
Hi @juliusCR3,
Thank you so much for your support and for being part of our community! I'm glad to hear that my videos have been helpful to you.
According to USPTO regulations, the micro entity certification must be filed either prior to or at the time the micro entity fee is first paid [37 CFR §1.29(f)]. If you’ve already filed the PPA and paid the $60 fee without submitting the certification form, the USPTO will require you to correct this.
Please refer to the specific instructions provided in the notice you received from the USPTO. The notice should indicate whether they are asking for payment of the fee difference for a small entity (if you qualify) or submission of the Certification of Micro-Entity Status form (USPTO Form SB/15A), which you may have missed during your initial filing.
To resolve this, carefully review the notice and follow the instructions provided. If a fee difference is required, calculate and pay the additional amount needed to cover the small entity fee (an additional $60 for a small entity). If the certification form is needed, download, complete, and submit the Certification of Micro-Entity Status form (USPTO Form SB/15A).
I hope this helps!
Warmest wishes, --john
on the Application Data Sheet 37 CFR 1.76 do you check the box Small Entity Status Claimed?
Yes, if you are a small entity then check the Small Entity box on the Application Data Sheet. 'Hope this helps. -john
@@johnferrellesq.thanks, i filed app earlier this morning and filed out a micro entity form SB/15A based on income
Hi John I appreciate you're great information on all thing's patent. I was wondering if you could please tell me is it possible to have written contract with another person declaring equal ownership of a provisional patent before attempting to file it? Any help would be greatly appreciated thanks. Also I'm not in the US if that has any bearing.
In the U.S. such a written contract is completely possible. However, where there is no contract, all inventors own the patent equally and can use or license the patent without paying the other inventors. Hope this helps. -john
@@johnferrellesq. OK thank you for the reply. What i should have said was I'm not able to front the cash for the patent as it's really expensive (for me) and I was considering asking my boss who's very interested in the product but they cannot come up with how to get it to work (it's for the business) so if I get them to pay the filing fee in exchange for 50/50 of the patent. My concern is if I reveal how the product can function to them before filing the provisional that there's nothing stopping them from stealing my concept/functionality and simply filing a provisional themselves (I doubt they would but even so) and if a written and signed contract can prevent that from happening, I'm guessing not but it would be good to know if possible. Sorry for the long winded explanation any thoughts on this would again be very much appreciated thank you.
What if you were to file your own DIY provisional U.S. patent application? The cost would be $60. You can then work out the details with your employer after that. Given your lack of funding and foreign jurisdiction where a U.S. patent may not be the right solution, it seems to me that an honest conversation with your boss may be your best path forward. Keep us posted. 😊 -john
@@johnferrellesq. Yeah I will sort something out along them lines. Thank you for your advice John.
Hi John, what a good surprise to have found you! I am located in Italy and have been filing PPAs without any problem until the new Patent Center came. A this time I am not able to file as unregistered user because the USPTO website says "Forbidden" early in the process. So I have been in contact with USPTO for months but apparently the only way is to become a registered user. Now, I've completed step 1 of the registration but on step 2 I am stuck because "Patent Electronic Verification form must be notarized before sending to the USPTO". I mean, I really have to go to a notary to register? I am supposed to be a micro entity. Thanks in advance!
Ciao Ragazzo, sono italiano dell'Umbria. Dove vivi? 🇮🇹
Filing as a guest doesn’t require an account (or notary) and I am very surprised that you were not able to sign in as a guest. I have not run in to this before. Registration does require proof of identify and notarization, although I recognize that notarization is much more of a hassle in Italy. www.uspto.gov/patents/apply/applying-online/getting-started-new-users
I suggest your call the PTO help line and find out why you are forbidden. This is very strange. Are you using a TOR browser, perhaps that scrambles your DNS identity? Warmest regards, --john
@@johnferrellesq. noi italiani siamo ovunque! 🙂 Io sono della Puglia ma ho vissuto 20 anni a Milano. I am a toy inventor/designer.
I have been in contact with USPTO for moths trying to figure out why I get this response from the website and they haven't been able to tell me why this happens. Now you tell me about this TOR thing, so I enabled third party cookies and suddently it's working as guest user! Ma sei un grande!!!!
@@johnferrellesq. noi italiani portiamo valore aggiuto anywhere! 🙂Thank you very much for your reply that, actually, solved my problem. It was the Third Parties Cookies that was blocking the whole website... 🙏 so simple and however at USPTO they didn't think about it! I am a toy inventor/designer from Puglia, in the very south, but I have been living in Milan for 20 years.
I have another doubt if you don't mind but this is related to the filing procedure. As guest user it seems I am not able to select "Micro Entity" status (at this step of your video on filing ua-cam.com/video/rhe6fR4VHqA/v-deo.html ). Do you know how I can apply as Micro Entity status as guest user?
Thank you very much again!
Fabio
@@ToyDesign Entity status selection shows up in two different parts of the process. When filling out either the ADS or Provisional Cover Sheet form, micro entity won’t show up as an option. It is okay to select small entity at that stage. Later when you get to the fees page is where the selection for micro entity will show up. Be sure to include the Certification of Micro Entity Status form SB/15 when you are uploading your documents. Without the form, the patent office will charge you the small entity rate. Good luck with this!!! -john
@@johnferrellesq. thank you very much for your support and good luck too!!!!
Hello and thanks alot i am ill a provisional patent through your videos I have a question I want to know if i can be eligible for micro entity as I am an international undergraduate student I want to be eligibe is it enough to just choose micro entity or I should go through a process?
As a student you should be eligible for micro entity status. Just file a Form 15A (you can Google this form) with your PPA (Provisional Patent Application), and you will only need to pay $60 for the filing fee. Warmest wishes, -john
I really thank you for your help. I couldn't complete it without your help☺