[Patentcenter] fax receipt from Patent Office?
Sandra L Etherton
sandra at ethertonlaw.com
Thu Jan 4 12:53:39 EST 2024
Well, now I’m probably jinxed, but we don’t file QPIDS. We work hard to make sure we have already submitted material information before we pay the issue fee. However, if we found prior art that needed to be disclosed we’d file the RCE and go that route.
______________________
Sandra L Etherton
Registered U.S. Patent Attorney
ETHERTON LAW GROUP, LLC
tel: (602) 681-3331 | fax: (602) 681-3339
email: <mailto:sandra at ethertonlaw.com> sandra at ethertonlaw.com
www.ethertonlaw.com
From: Patentcenter [mailto:patentcenter-bounces at oppedahl-lists.com] On Behalf Of Randall Svihla via Patentcenter
Sent: Thursday, January 4, 2024 9:42 AM
To: For bug reports, feature requests, and tips and tricks about Patent Center. <patentcenter at oppedahl-lists.com>
Cc: Randall Svihla <rsvihla at nsiplaw.com>
Subject: Re: [Patentcenter] fax receipt from Patent Office?
What about those instances when you are required to use a deposit account, such as when filing a QPIDS IDS?
Best regards,
Randall S. Svihla
NSIP Law
Washington, D.C.
From: Patentcenter <patentcenter-bounces at oppedahl-lists.com <mailto:patentcenter-bounces at oppedahl-lists.com> > On Behalf Of Sandra L Etherton via Patentcenter
Sent: Thursday, January 4, 2024 11:38 AM
To: 'Dan Feigelson' <djf at iliplaw.com <mailto:djf at iliplaw.com> >; 'For bug reports, feature requests, and tips and tricks about Patent Center.' <patentcenter at oppedahl-lists.com <mailto:patentcenter at oppedahl-lists.com> >
Cc: Sandra L Etherton <sandra at ethertonlaw.com <mailto:sandra at ethertonlaw.com> >
Subject: Re: [Patentcenter] fax receipt from Patent Office?
Yet another reason we use credit cards instead of a deposit account. Much better from a cash management standpoint, among other reasons.
From: Dan Feigelson [mailto:djf at iliplaw.com]
Sent: Wednesday, January 3, 2024 11:05 PM
To: For bug reports, feature requests, and tips and tricks about Patent Center. <patentcenter at oppedahl-lists.com <mailto:patentcenter at oppedahl-lists.com> >
Cc: Sandra L Etherton <sandra at ethertonlaw.com <mailto:sandra at ethertonlaw.com> >
Subject: Re: [Patentcenter] fax receipt from Patent Office?
I wouldn't worry about the PTO losing money on interest. As Carl has noted many times, it forces people to grant it interest-free loans in the form of deposit accounts, which are the only way of paying certain fees and must maintain a $1000 balance to avoid the PTO deducting $25 at the end of each month. So either the PTO is collecting the nominal interest rate on the deposit (which can be substantially larger than $1000), or it collects interest (from the user) in excess of 2.5% per month. If that's not a racket I don't know what is.
On Thu, Jan 4, 2024 at 2:52 AM Sandra L Etherton via Patentcenter <patentcenter at oppedahl-lists.com <mailto:patentcenter at oppedahl-lists.com> > wrote:
An update from Dec 18 fax event:
Several people emailed me outside of this listserve about whether they regularly got a faxback receipts from the PTO. Some said yes; some said no. Thank you all for your input.
I never did get a faxback receipt from the Patent Office, but the credit card charge went through for the fees about 48 hours after I faxed it in.* As Carl said, follow the money! The new POA and petition have not been uploaded, though, and the patent still shows as expired for failing to timely pay the maintenance fee.
*I suspect there’s damage to the public and PTO because fees were not deposited timely due to Patent Center not accepting e-filing for this. Instead, the fees were charged two days later than they could have been. I’m no cash management guru, but I assume the PTO gets paid interest on its deposits. Hypothetically, with simple 3% interest on $1640 fee for 2 days, the Patent Office lost ~$0.25 in interest on my submission. That adds up if fees for many submissions aren’t being deposited as quickly as they had been when EFS was live.
Sandra
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