[Patentcenter] Patent Center not showing complete fee payment history
Randall Svihla
rsvihla at nsiplaw.com
Fri Dec 1 15:08:07 EST 2023
Hi, all
On 12/28/2022, we filed a National Stage application as a small entity and charged the small entity filing fees $160+ $70 + $400 = $630 to our deposit account. The fee payment history in Patent Center shows these fees.
On 09/11/2023, for some unknown reason, someone in the USPTO's National Stage office refunded the $70 + $400 fees to our deposit account, but did not refund the $160 fee. The fee payment history in Patent Center shows this refund.
On 0921/2023, we changed the entity status from small to undiscounted, and filed a Petition to Accept Fee Deficiency stating that the filing fees should have been the undiscounted fees of $320 + $140 + $800 = $1,260, and requesting that the deficiency of $630 be charged to our deposit account.
On 09/27/2023, the same person who refunded the fees on 09/11/2023 charged the undiscounted fees of $320 + $140 + $800 = $1,260 to our deposit account. This person was not a Petitions Examiner. HOWEVER, THE FEE PAYMENT HISTORY IN PATENT CENTER DOES NOT SHOW THESE FEES. The fee payment history in Private PAIR did show these fees. However, there is a fee worksheet in the image file wrapper showing that these fees were charged to our deposit account on 09/27/2023.
I called the Deposits Account Branch today and they said they can see the undiscounted fees charged on 09/27/2023 in their system. I called the PCT Help Desk today and they said they can see the undiscounted fees charged on 09/27/2023 in their system.
It is extremely bad that the fee payment history in Patent Center does not show the undiscounted fees charged on 09/27/2023. This means that we cannot rely on the fee payment history in Patent Center being complete.
I spent 0.6 hours of nonbillable time today speaking with the Deposits Account Branch and the PCT Help Desk about this issue.
Fun times.
Best regards,
Randall S. Svihla
NSIP Law
Washington, D.C.
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