MPEP Ch. 500

Question 1

MPEP Ch. 500

Answer 1

Receipt and Handling of Mail and Papers

Question 2

General Rule on Filings

Answer 2

Papers are treated as filed on the day that the papers are actually received by the PTO, no matter how they get there.
Exceptions exist

Question 3

Fax

Answer 3

Can be filed but numerous exceptions (outlined in 502) exist. E.g., patent apps, certified docs, color pics.

Question 4

Acceptable Signatures

Answer 4

Handwitten (original or photocopy), S-sig., or EFS character coded sig (for e-filing only)

Question 5

Email

Answer 5

No office actions or anything requiring an original signature can be sent via email, but emailing an app is acceptable (with permission of applicant).

Question 6

EFS

Answer 6

With PTO customer number and digital certificate, EFS can be used to file almost anything at USPTO.
Linked to East Coast Time Zone.

Question 7

Filing Receipt

Answer 7

No issued until application is complete (fee and oath have been received)
Remember: receipt may grant foreign filing license.

Question 8

Notice of Incomplete App

Answer 8

Filing date not rewarded until app complete:
Must include spec with description, at least one claim, and any required drawings.
Usually accompanied with Notice of missing parts.

Question 9

Notice of Missing Parts

Answer 9

Sent if not incomplete but still missing some parts.
Filing fee, oath or declaration, substitute statement, signed ADS, translation of app into English (and fee) can all be submitted later (with required fees).

Question 10

Calculation of Filing Fee

Answer 10

MPEP 509

Question 11

Small Entity Fees

Answer 11

MPEP 509 (half-off; look up)
Small entity: independent inventor(s) or small business who has not assigned, granted, conveyed, or licensed ANY right to someone who is not a small entity; non-profit recognized by IRS

Question 12

Micro Entity Fees

Answer 12

MPEP 509 (75% off; look up)
Neither applicant no the inventor nor any joint inventor has been named inventor on more than four previously field Non-provisionals AND does not have, in the previous calendar year, a gross income exceeding three times the median household income as most recently reported.  (~$150K) 
OR the applicant receives majority of income from or is assigning interest(s) in inventor to a institution of higher education.

Question 13

If status of Small or Micro entity changes

Answer 13

No repayment is required but future payments are calculated using new status.

Question 14

Exceptions to Small Entity Status

Answer 14

1. Petition and processing fees (other than revival)
2. Document supply fees;
3. Certificate of corrections fees (no fee due for PO mistakes)
4. Request for Reexam fees;
5. International (PCT) fees;