37 CFR 1.28 - Refunds when small entity status is later established; how errors in small entity status are excused
| Cite as | 37 CFR 1.28 |
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24 practice notes
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Patent cases: Patent business goals; implementation,
...within two months of the payment of the full (non-small entity) fee and is supported by the required small entity statement. See 37 CFR 1.28(a)(1). The two-month refund window is not The rigid requirements of 37 CFR 1.27 and 1.28 have led to a substantial number of problems. Applicants, par......
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Changes To Implement Micro Entity Status for Paying Patent Fees
...----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Part 1 Docket No.: PTO-P-2011-0016 RIN 0651-AC78 Changes To Implement Micro Entity Status for Paying Patent Fees AGENCY: United States Patent and Trademark Offic......
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Changes to Implement Micro Entity Status for Paying Patent Fees
...----------------------------------------------------------------------- DEPARTMENT OF COMMERCE United States Patent and Trademark Office 37 CFR Part 1 Docket No.: PTO-P-2011-0016 RIN 0651-AC78 Changes to Implement Micro Entity Status for Paying Patent Fees AGENCY: United States Patent and T......
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Ulead Systems v. Lex Computer & Management Corp., No. CV 98-5880 DT (CTx).
...no reported decision had specifically found inequitable conduct under these circumstances in no way diminishes the clear language of 37 C.F.R. § 1.28(d) ("If small entity status is claimed fraudulently or with intent to deceive, that is treated by the PTO as a fraud practiced or attempted f......
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14 cases
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Ulead Systems v. Lex Computer & Management Corp., No. CV 98-5880 DT (CTx).
...no reported decision had specifically found inequitable conduct under these circumstances in no way diminishes the clear language of 37 C.F.R. § 1.28(d) ("If small entity status is claimed fraudulently or with intent to deceive, that is treated by the PTO as a fraud practiced or attempted f......
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Nilssen v. Osram Syslvania, Inc., No. 01 C 3585.
...entity payment if the status as a small entity is established in good faith and the fees as a small entity are paid in good faith. See 37 C.F.R. § 1.28(c). While the PTO is not required to make an inquiry into whether the patentee has established good faith as a condition of accepting a lat......
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Ulead Systems v. Lex Computer & Management, No. 01-1320.
...material fact remains as to Lex's intent to deceive. We also hold that the erroneous payment of small entity fees may be excused under 37 C.F.R. § 1.28(c), so long as the patentee is not guilty of inequitable conduct relating to its inaccurate assertion of small entity status. Consequently,......
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Turbocare Div. Of Demag Delaval v. General Elec., No. Civ.A. 95-30069-MAP.
...be paid in that application or patent without regard to a change in status until the issue fee is due or any maintenance fee is due." 37 C.F.R. § 1.28(b). Defendant avers that Brandon was not entitled to pay the small entity fee when the patent issued in 1991. Rather, Defendant argues, it w......
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1 firm's commentaries
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Small Entity Government Use License Exception: Amendment Of The Rules Of Practice In Patent Cases
...under a CRADA in situations under 15 U.S.C. 3710a(b)(2) and 3710a(b)(3)(D), wherein the small entity retains title to the invention. 37 CFR 1.28 (a refund request based on the later establishment of small entity status) is clarified in view of the amendments. 37 CFR 1.29 is amended to clari......