MightyRecruiterGetting a patent is a necessary action needed in order to ensure you get credit for your invention and that you are given any royalties due to you. There is quite a bit that needs to be included as far as your application, but the most detailed submission in the world is not going to do you any good if you forget the fee. Any time you submit for a new patent or trademark, you need to provide the appropriate fee, or else your application will get looked over.
What Fees Are Needed?
Different varieties of patents can be obtained, and many of them come with their own fees. Unfortunately, there is not a simple fixed fee that you have to pay regardless of what you are patenting. Make sure to do your research so that you are paying the correct amount and are not underpaying. For example, different fees are associated with plant patents than for utility patents. If you are unsure of what you need to pay, then you should visit the website of the United States Patent and Trademark Office. You can also contact the office in order to get help. Fees do tend to increase from time to time, so calling someone may be the best way in case information online is out-of-date.
How Can You Pay Fees?
The Patent and Trademark Office only accepts payments in the form of United States currency. You can pay through money order, check or credit card. The office takes certified, personal and business checks. You should address any checks to “Director of the USPTO.” If you wish to pay through credit card, then you will need to submit a form that is available through the Trademark Electronic Application System.
Deposit Accounts
If you own a business that regularly files patents or trademarks, then it can be a wise move to set up a deposit account with the Patent and Trademark Office. By setting up such an account, you will not have to submit your credit card information or send in a check every time you have a patent to file. Additionally, if a certain fee was less than it needed to be, then the difference can be charged to this account with your authorization.
Refunds
Once you have paid all your fees, submitted your application and have gotten your patent approved, you may think you are done. However, you may realize down the line that you accidentally paid more than you had to. The discrepancy may not be caught by examiners, but you are able to file a request to receive a refund. To do this, you will need to send your request to the Refund Division of the Patent and Trademark Office.
You can send your request through fax or by mail. The materials you need to include within your request are a reason for why you are owed a refund, your patent number and any supporting documentation you can provide. Typically, you have two years from when your fee was initially paid in order to request your refund. For fees related to small entity status, you have three months to file. Most refunds will be issued back to the individual or business in the same way in which your initial payment was made. Therefore, if you paid by check, you will receive your refund via check. Once your request has been processed and approved, you can expect to receive yours in between four and six weeks.
You can talk to a representative of the Patent and Trademark Office in order to be 100 percent certain you are paying the correct amount. You have worked so hard to make your invention come to fruition, do not lose out on the patent just because of an error with the fees.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.