What happens if the patent number and application number in a maintenance fee payment don’t match?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

When a maintenance fee payment includes both a patent number and an application number that do not correspond to the same patent, the USPTO has a specific procedure. According to MPEP 2530, When a patent number and an application number are both supplied, but they do not correspond to the same patent, the Office will generally apply the payment to the patent identified by the patent number, if possible.

However, the process isn’t always straightforward. The MPEP further states, Even if the payment is sufficient and timely to pay the maintenance fee due in the patent identified by the patent number, the Office may return the payment if additional information on the payment submission is inconsistent with the patent identified by the patent number. In some cases, The Office may even apply the payment to the patent identified by the application number if the additional information corroborates that patent.

This flexibility allows the USPTO to make the most appropriate decision based on all available information, ensuring that maintenance fees are applied correctly whenever possible.