Can a previously paid issue fee be applied to a new Notice of Allowance?
Yes, a previously paid issue fee can be applied to a new Notice of Allowance under certain circumstances. According to MPEP 1308.01:
“If allowed, upon receipt of a new Notice of Allowance, applicant may request that the previously submitted issue fee be applied (the Notice of Allowance will reflect an issue fee amount that is due and the issue fee that was previously paid).”
This situation might occur when:
- An application was withdrawn from issue after the issue fee was paid
- Prosecution was reopened
- The application was subsequently found allowable again
The MPEP further directs: “See MPEP § 1306 regarding request to reapply a previously paid issue fee toward the issue fee that is now due in the same application.” This section provides more detailed guidance on the process of reapplying the fee.
To learn more: