[Patentcenter] Issue Fee Transmittal - Certificate of Service
Daniel Feigelson
djf at 4d-ip.com
Thu Nov 9 00:04:14 UTC 2023
There was a case some years back in which a pro se inventor sent the PTO a
check for a maintenance fee. It was a few dollars short of the necessary
amount. The PTO deposited the check but didn't renew the patent because of
the shortfall and didn't tell him that they let the patent lapse. He found
out a few years later and sued the PTO. PTO took it all the way to the
CAFC, which told the PTO to stop being assholes, take the man's money for
the shortfall and reinstate the patent.
I understand that some people in this group get really, really concerned
about small details, even when it pertains to bureaucratic nonsense.It
comes with the territory. And better to avoid a fight with the PTO, even if
you're right, if the fight will cost you more than playing along with the
PTO's stupidities.
But this? It's a frickin' form, everyone knows what it's for, and the PTO
is taking your money (if patent center can calculate the correct amount).
Do you think there are people at the PTO waiting to say, "Sorry, you filed
that form and paid the fee using PC rather than EFS or fax, you lose!" ?
Dan
On Wed, Nov 8, 2023 at 11:25 PM Randall Svihla via Patentcenter <
patentcenter at oppedahl-lists.com> wrote:
> Fairness, schmerness. You can bet if your livelihood depends on it, the
> USPTO will throw you under the bus.
>
>
>
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