U.S. Code: Title 35 — PATENTS

When must I notify the USPTO of a change in entity status?

Erik Lund August 23, 2025 Patent, Patent Basics, Prosecution Sometimes an applicant for a patent application files their application and claims entitlement to an entity status discount. However, perhaps during the pendency of the application or even after issue of the patent, the applicant is acquired by another entity or grows such that they no longer qualify for the entity status discount.

What if I accidentally paid the wrong fee before changing the entity status?

If you accidentally paid a fee under an entity status that should have been changed, you may owe a fee deficiency payment.

Can I use AI to draft my patent application?

Erik Lund August 23, 2025 Patent, Prosecution Yes, AI tools exist to help with patent drafting. But, there are some important considerations to keep in mind before you run off and use AI assistance for your patent applications. Every day there is a new claim of how artificial intelligence (AI) is going wipe out wide swaths of positions, uproot an industry, or change life as we know it.

Are there risks with artificial intelligence in patent drafting?

There are certainly risks with using AI tools during the patent drafting process. The first is that with any AI tools being used, there are ethical concerns about how a client’s confidential information is being use and stored. Many AI tools claim to be a closed universe that do not allow for disclosure or use of confidential information that is input to the system.

What is the Continuing Application Fee?

Short answer: A fee applicants must pay when their continuation applications have a priority claim older than 6 (or 9) years. Long answer: The CAF is a new fee the USPTO is requiring under 37 CFR 1.17(w) for presenting a benefit claim under § 1.78(d). The CAF applies to all utility, plant, and design continuing applications which have an actual filing date more than six years after their Earliest Benefit Date (EBD).