What happens if an issue fee is paid late?

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.”

To learn more:

• issue fee
• late payment
• surcharge
• patent abandonment
• unintentional delay