What happens if I pay an incorrect issue fee amount?
If you pay an incorrect issue fee amount, the USPTO has provisions to handle this situation. According to MPEP 1306:
“Where it is clear that an applicant actually intends to pay the issue fee and required publication fee, but the proper fee payment is not made, for example, an incorrect issue fee amount is supplied, or a PTOL-85B Fee(s) Transmittal form is filed without payment of the issue fee, a general authorization to pay fees or a specific authorization to pay the issue fee, submitted prior to the mailing of a notice of allowance, will be allowed to act as payment of the correct issue fee.”
This means that if you have a pre-existing authorization on file to charge fees, the USPTO can use this to correct the payment. Additionally:
“In addition, where the deposit account information is added to the Fee(s) Transmittal form (PTOL-85B), but the check box authorizing that the deposit account be charged the issue fee is not checked, the deposit account will still be charged the required issue fee and any required publication fee.”
These provisions help ensure that minor payment errors don’t result in the abandonment of your application, provided you’ve shown clear intent to pay the fee.
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