Q) Small Entity Fee (10.03.13)

by admin on April 8, 2010 · 6 comments

in Exam Questions

Recent test takers report question #13 from the October 2003 (am) exam is in the Patent Bar database of tested questions.

13. In accordance with the patent laws, rules and procedures as related in the MPEP, which of the following fees may not be reduced by 50 percent for “small entities”?
(A) The basic filing fee for a design patent application.
(B) The fee for a disclaimer.
(C) The fee for a petition for an extension of time.
(D) The fee for recording a document affecting title.
(E) The maintenance fee due at 3 years and six months after grant.



ANSWER: (D) is the most correct answer. 35 U.S.C. § 41(h); MPEP §§ 302.06; 509.02. 35 U.S.C. § 41(h) specifies that the fees “charged under subsection (a) or (b) shall be reduced by 50 percent with respect to their application to any small business concern as defined under section 3 of the Small Business Act, and to any independent inventor or nonprofit organization as defined in regulations issued by the Director.” Since the fee for a document affecting title is charged pursuant to 35 U.S.C. § 41(d)(1), it not subsection (a) or (b), and it is not entitled to a small entity discount. See also MPEP 509.02, which states, “[o]ther fees, established under section 41 (c) or (d) of Title 35, United States Code, are not reduced for small entities since such a reduction is not permitted or authorized by Public Law 97-247. Fees which are not reduced include . . . miscellaneous fees and charges, 37 CFR 1.21.” Fees for recording documents affecting title are set under 37 CFR § 1.21(h). See MPEP § 302.06. (A) is entitled to a small entity discount because it is a fee charged pursuant to 35 U.S.C. 41(a)(3)(A). (B) is entitled to a small entity discount because it is charged pursuant to 35 U.S.C. 41(a)(5). (C) is entitled to a small entity discount because it is charged pursuant to 35 U.S.C. 41(a)(8). (E) is entitled to a small entity discount because it is charged pursuant to 35 U.S.C. 41(b)(1).

{ 6 comments… read them below or add one }

1 ntlNo Gravatar September 7, 2011 at 8:47 am

Got this one on 09/06/11.

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2 MirandaNo Gravatar February 19, 2012 at 10:45 pm

Am I missing something? . 35 U.S.C. § 41(h) states “fees charged under subsections (a), (b) and (d)(1) shall be reduced by 50 percent” wherein (d)(1) is the fee for recording a document affecting title.

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3 MirandaNo Gravatar February 19, 2012 at 10:49 pm

nevermind. all the revisions and amendments in that section are a pain to get straight. answer (d) is still right.

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4 TheGhostOfBilskiNo Gravatar April 5, 2012 at 9:02 pm

p.s. If you are in a pinch (and have time) you can also run a search of Appendix R for the appropriate fees.

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5 ZNo Gravatar March 31, 2013 at 1:53 pm

Got this 3/30/13.

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6 HarryNo Gravatar March 9, 2016 at 9:48 am

Answer B is no longer discounted 9th Ed. MPEP 509.02 – There is only one fee for which a small entity discount was offered prior to March 19, 2013 that is now ineligible for a small entity discount – the fee for a statutory disclaimer under 37 CFR 1.20(d).

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