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   Excess claim fee refund request
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Jonathan
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Excess claim fee refund request
« on: Oct 23rd, 2007, 12:08pm »
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I have been tasked with filing a bunch of Preliminary Amendments to reduce the number of claims in several patent applications so that we comply with the impending 5/25 rule - 5 total independents claims, 25 claim total.
 
The problem is, these were all e-filed and paid for via a credit card.
 
The receipts accounting division person says he needs me to provide the credit card info.
 
Well, before e-filing, we would have just provided the previously-filed credit card form. But we don't need to use that form anymore with e-filing.
 
My quandary is how to provide the credit card info to the USPTO and not have it go into the official record of patent applications.
 
Has anyone done this before?
 
And yes, we should be using a deposit account but that was not my decision to make.
 
Thanks.
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biopico
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Re: Excess claim fee refund request
« Reply #1 on: Oct 23rd, 2007, 8:36pm »
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http://www.uspto.gov/web/forms/2038.pdf
 
http://www.uspto.gov/main/howtofees.htm
 
If you don't get the answer from the above-sites, you might want to give it a call to PTO.
 
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Registered Patent Agent Specializing in All Areas of Biotechnology
Jonathan
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Re: Excess claim fee refund request
« Reply #2 on: Oct 23rd, 2007, 10:54pm »
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Thanks for your response.
 
Yeah, I have called the PTO and am aware of those various pages involving giving money to the PTO.
 
They are quite receptive in that manner.
 
I was just looking for feedback for this very specific situation - getting a refund back when the fees were paid by credit card, in case anyone had done something similar.
 
I think I have it figured out and was planning on posting my findings.
 
I will be faxing my refund request with all that sensitive credit card info and e-filing the Preliminary Amendment. An EBC person advised this course of action.
 
Perhaps faxing involves some added person interaction so they say 'Oh! This shouldn't be entered into the official record, I will send this over for processing right away.'
 
Or at least I hope.
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TataBoxInhibitor
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Re: Excess claim fee refund request
« Reply #3 on: Oct 24th, 2007, 5:08am »
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Jonathon:
 
Maybe this a question for the group, but what are the affirmative duties on the part of the practitioner with respect to the new rules?  I was under the impression that the USPTO will be notifying us of applications over the 5/25.
 
Regards,
 
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Jonathan
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Re: Excess claim fee refund request
« Reply #4 on: Oct 24th, 2007, 2:25pm »
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Yes, you are right. My choice of the word "comply" should have been different.
 
This is just an effort, at the request of our client, to be proactive and avoid notices to supply examination support documents.
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