What happens if I submit an insufficient payment for patent maintenance fees?
Submitting an insufficient payment for patent maintenance fees can have serious consequences. According to MPEP 2522:
“A payment of less than the required amount, a payment in a manner other than that set forth in 37 CFR 1.23, or the filing of an authorization to charge a deposit account having insufficient funds, will not constitute payment of a maintenance fee on a patent.“
The MPEP further states: “Any payment which fails to result in the entire proper amount of the maintenance fee being present on the due date will not constitute payment of the maintenance fee.“
Failure to properly pay the maintenance fee can result in the patent expiring. If this happens, you may need to file a petition for delayed payment of the maintenance fee under 37 CFR 1.378, which is subject to additional fees and requirements.
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