What are examples of late or insufficient maintenance fee payments?

The MPEP 2531 provides several examples of when maintenance fee payments may be considered late or insufficient:

• Additional funds are required due to surcharge or fee increase, even though a payment was received.
• A payment for the small entity fee was received, but the patent file does not indicate that an assertion of small entity status was submitted.
• The payment was received after the patent expired.

The MPEP states:

“Examples of when a payment of maintenance fees and any necessary surcharges will be considered to be late or insufficient include instances when: (A) Though a payment was received, additional funds are required due to surcharge or fee increase; (B) Though a payment was received in an amount for small entity, the patented file records do not indicate that an assertion of small entity status was received; or (C) The payment was received after the patent expired.”

It’s important for patent owners to ensure timely and sufficient payments to avoid potential issues with patent maintenance.

To learn more:

• maintenance fees
• late payment
• insufficient payment
• small entity status
• fee increase