Can the deadline for paying the issue fee be extended?
No, the deadline for paying the issue fee cannot be extended. MPEP 1306 is very clear on this point:
“The period for payment of the issue fee and any required publication fee is not extendable, see 37 CFR 1.311(a).”
Furthermore, the MPEP emphasizes:
“The Director has no authority to extend the time for paying the issue fee. Intentional failure to pay the issue fee within the 3 months permitted by 35 U.S.C. 151 does not amount to unintentional delay in making payment.”
This means that applicants must be diligent in paying the issue fee within the 3-month period specified in the Notice of Allowance. Failure to do so may result in the abandonment of the application, and the USPTO does not have the authority to extend this deadline, even in cases of unintentional delay.
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