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How to Complete and Use Form PTO/AIA/34: Certification and Transmittal of Appeal Forwarding Fee

Form PTO/AIA/34 is a vital document used in the patent application process with the United States Patent and Trademark Office (USPTO). It certifies the transmission of appeal forwarding fees required for patent appeals. Here’s a comprehensive guide on how to fill out and understand Form PTO/AIA/34:

Title: How to Complete and Use Form PTO/AIA/34: Certification and Transmittal of Appeal Forwarding Fee

Understanding Form PTO/AIA/34

Form PTO/AIA/34 serves several crucial purposes in the patent appeal process:

Certification: It certifies that the correspondence containing the appeal forwarding fee has been transmitted via the USPTO patent electronic filing system, facsimile, or mailed with sufficient postage.

Fee Payment: It documents the payment of the appeal forwarding fee, which is essential to proceed with patent appeals under 37 CFR 41.20(b)(4).

Steps to Fill Form PTO/AIA/34

Docket Number: Optionally, enter the docket number associated with the appeal.

Certification Date: Specify the date when the appeal fee correspondence was transmitted or mailed.

Signature: Provide your signature to certify the transmission of the fee. Print or type your name below your signature.

Application Details:

• First Named Inventor: Name of the first inventor listed on the patent application.
• Application Number: The number assigned to the patent application filed with the USPTO.
• For: Specify the type of application (e.g., utility, design).
• Art Unit Examiner: Name of the examiner assigned to the patent application.

Fee Details: Document the fee amount for forwarding the appeal, adjusted according to small entity or micro entity status under 37 CFR 1.27 and 37 CFR 1.29, respectively.

Payment Information:

• Indicate if payment is enclosed with a check or made via credit card using Form PTO-2038.
• Authorize the USPTO to charge fees to a specified deposit account if applicable.

Signature and Registration: If you are an attorney or agent representing the appellant, provide your registration number, signature, printed name, telephone number, and date of signing.

Privacy Act Statement

• Privacy Disclosure: Acknowledges that information provided on the form may be disclosed under specific circumstances outlined by the Privacy Act of 1974.

Importance of Form PTO/AIA/34

Legal Compliance: Ensures compliance with USPTO regulations regarding the payment and certification of appeal forwarding fees.

Processing Facilitation: Facilitates the processing of patent appeals by providing essential fee and application information.

Submission and Assistance

Submission: Submit the completed form along with necessary supporting documents as required by the USPTO.

Assistance: For assistance in completing the form, contact the USPTO at 1-800-PTO-9199 and select option 2.

Conclusion

By following these steps and understanding the purpose of Form PTO/AIA/34, appellants can effectively certify and transmit appeal forwarding fees required by the USPTO. This ensures compliance with patent appeal procedures and facilitates the continuation of patent examination processes.