Issue fee refers to the payment required by the U.S. Patent and Trademark Office prior to obtaining a patent. It is akin to a fee paid in order to receive a unique certificate acknowledging the invention of something new, thereby granting exclusive rights to the inventor and preventing others from copying it without permission.
The issue fee is a mandatory payment that inventors must make to the U.S. Patent and Trademark Office in order for their patent application to be granted. For instance, if John has created a new type of solar panel and has submitted a patent application to the U.S. Patent and Trademark Office, he will need to pay the issue fee once his application is reviewed and approved. This fee is an essential part of the patent application process, as it signifies the official granting of the patent. Failure to pay the issue fee will result in the patent not being granted.
An issue fee is a fee paid to the United States Patent and Trademark Office (USPTO) to finalize the patent application process and obtain a granted patent.
The amount of the issue fee varies depending on the type of patent being applied for. As of 2021, the issue fee for a utility patent is $1,100 for large entities, $550 for small entities, and $275 for micro entities.
The issue fee is typically due within three months from the date of the Notice of Allowance, which is a notification from the USPTO that the patent application has been approved for grant.
In certain circumstances, such as when the applicant qualifies for a fee reduction or if the patent application is abandoned before the issue fee is due, the issue fee may be waived or refunded.
If the issue fee is not paid within the specified time period, the patent application may be considered abandoned, and the patent will not be granted. However, there may be options to revive the application if the delay in payment was unintentional.
No, the issue fee must be paid in full and cannot be paid in installments.
No, once the issue fee is paid and the patent is granted, it is generally non-refundable, even if the patent is later invalidated or found to be unenforceable.
Yes, the USPTO allows for electronic payment of the issue fee through their online filing system.
Yes, the issue fee can be paid by the applicant’s attorney or an authorized representative on their behalf.
No, in addition to the issue fee, there may be other fees involved in the patent application process, such as filing fees, search fees, and maintenance fees that are required to keep the patent in force.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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