What happens if the preliminary examination and handling fees are not paid on time?

If the preliminary examination and handling fees are not paid within the time set in PCT Rule 57.3, the following consequences apply:

1. Applicants will be notified and given one month to pay the deficient fees plus a late payment fee.
2. The late payment fee is equal to the greater of:
   • 50% of the amount of the deficient fees, but not exceeding an amount equal to double the handling fee, or
   • An amount equal to the handling fee
3. The one-month time limit to pay deficient fees cannot be extended.

As stated in the MPEP: “If the payment needed to cover the preliminary examination fee and handling fee is not timely made in accordance with PCT Rule 58 bis.1(d), the United States International Preliminary Examining Authority will declare the Demand to be considered as if it had not been submitted.“

To learn more:

• Late Payment
• PCT Fees
• International Applications
• Patent Examination