What happens if an issue fee is paid late?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. If an issue fee is paid late, the following applies: A surcharge is required for late payment of the issue fee. The patent may be held abandoned if the issue fee is not paid within the period set for payment. If the delay in payment is shown to have been unintentional , the Commissioner may accept late payment of the issue fee. According to MPEP 1306 : “If the issue fee is not paid within the 3 months of allowance, the application will be regarded as abandoned. If the Office does not receive payment within 3 months, the patent on which the issue fee has been paid will be regarded as abandoned.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Issue Fee and Publication Fee Not Extensible MPEP 1306 Required Issue Fee Not Reflecting Previous Payment MPEP 1306 Intentional Nonpayment Not Unintentional Delay MPEP 1306 Permitted Director Cannot Extend Issue Fee Payment Deadline MPEP 1306 Three-Month Issue Fee Due After Allowance MPEP 1306 Required Notice of Allowance Reflects Previously Paid Issue Fee MPEP 1306 Previously Paid Issue Fee Can Be Reapplied MPEP 1306 Issue Fee Due After Withdrawal and RCE MPEP 1306 Issue Fee and Publication Fee Must Be Paid as Specified in Notice of Allowance MPEP 1306 Required Issue Fee Reduced for Small and Micro Entities MPEP 1306 Other Related FAQs 5 FAQs Collapse Can the deadline for paying the issue fee be extended? What is the process for deferring issuance of a patent? How do I request simultaneous issuance of patents? What happens if I pay an incorrect issue fee amount? What is the significance of the issue fee payment date?