What happens if a maintenance fee is paid in the wrong amount?

If a maintenance fee is paid in the wrong amount, the following applies:

• If the fee paid is insufficient, the patent will expire unless the remaining balance is paid within the grace period along with any surcharge.
• If the fee paid exceeds the required amount, a refund may be requested.

As stated in MPEP 2575: “If the amount of the maintenance fee is paid in error … the patentee may file a request for refund … Likewise, if the payment of the maintenance fee was insufficient, the Office will notify the patentee of the deficiency and grant a grace period to permit the deficient amount to be paid …”

To learn more:

• maintenance fee
• incorrect payment
• patent expiration
• grace period
• refund