Can a maintenance fee payment be applied to a different patent than originally intended?
Yes, in certain circumstances, the USPTO may attempt to apply a maintenance fee payment to a different patent than originally intended. This typically occurs when there’s an issue with the first payment and a duplicate payment is received. MPEP 2532 states:
“If a review of the Office record of the first maintenance fee payment reveals that the first payment was not properly processed (e.g., did not comply with 37 CFR 1.366(c) or was not specially accepted in accordance with MPEP § 2530), the Office will attempt to determine whether the first payment should have been applied to a patent other than the patent identified under 37 CFR 1.366(c) by the second fee submitter.“
This process ensures that payments are correctly applied, even if there were initial errors in processing or identification.
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