Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: gravplate on February 01, 2022, 09:41:15 PM

Title: Micro Entity count of previous applications
Post by: gravplate on February 01, 2022, 09:41:15 PM
As I understand it for Micro Entity status you have to have no more than four applications filed.

What I am wondering is if you did a CIP, does that count as 2 applications or 1 ?

Years ago the first application was put in, but just before that one went abandoned, like a week before, the patent agent did a Continuation in Part which generated a new patent application number (I don't actually grasp this) and the old one was let go abandoned.

So it that considered 2 applications filed?

Does an abandoned application count when you never went to a issued patent in the end (without  a CIP).

If there's an official USPTO link to how this works, please let me know.

And is that in a lifetime for 4? Is there a year limit, like in the last 5 years? Does the count "reset" at some point?

Is all they need just a one page certification paper you sign?

Can you recover fees paid before this as a small entity when you were actually a micro back then too? How many years back?
Title: Re: Micro Entity count of previous applications
Post by: Brad on February 02, 2022, 08:37:37 AM
My understanding is that a CIP application would count against your limit.  This is a lifetime limit not per year.   Best resource for this is here:  https://www.uspto.gov/patents/laws/america-invents-act-aia/america-invents-act-aia-frequently-asked#type-fees
Title: Re: Micro Entity count of previous applications
Post by: gravplate on February 03, 2022, 01:49:45 AM
Thank you. I went through all those FAQs.

On the same subject, as I understand it, if a non-provisional application was filed by a USA person in the USPTO and then a PCT was filed, I think they pay a "Transmittal Fee" of like $250 to the USPTO only but there would be no reason to pay as they say the "basic national fee under 35 U.S.C. 41(a)" and so it doesn't count as one more application towards the 4, I think.

I don't see any reason to pay a "national fee" to the USPTO for the USA side because there would already be a USA patent in work at that point.

I think you would only pay the "national fee" for other countries, like EU or AU etc... And in that case it doesn't count towards the 4.

I wish they were more clear about this national fee.

I've also seen "national stage applications in the U.S." mentioned, and I'm confused.
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