Can I submit maintenance fee payments by facsimile to the USPTO?

Yes, the USPTO accepts maintenance fee payments via facsimile under certain conditions. According to the MPEP:

“Payment of a maintenance fee is accepted via facsimile to the fax number stated on the Maintenance Fee Transmittal Form (SB/45), when charged to a deposit account or to a credit card.”

To submit a maintenance fee payment by fax:

1. Use the Maintenance Fee Transmittal Form (SB/45).
2. If paying by credit card, use the Credit Card Payment Form (PTO-2038).
3. Fax the completed form(s) to the number provided on the SB/45 form.

For more information on credit card and deposit account payments, refer to MPEP § 509 and MPEP § 2522.

Additionally, the MPEP notes that “37 CFR 1.366(b) provides that the certificate of transmission procedure of 37 CFR 1.8 may be utilized in paying maintenance fees.” Ensure you comply with these requirements if you wish to use this procedure.

To learn more:

• facsimile submission
• fax patent payments
• USPTO fax payments
• maintenance fee forms