What should I do if I receive a Notice of Non-Acceptance of Patent Maintenance Fee?

If you receive a Notice of Non-Acceptance of Patent Maintenance Fee (PTO-2142) from the USPTO, it’s crucial to take prompt action. According to MPEP 2531:

“Reply to the notice is required prior to expiration of the grace period provided by 37 CFR 1.362(e) in order to avoid the expiration of the patent.”

Here are the steps you should take:

1. Review the notice carefully to understand the reason for non-acceptance.
2. Respond to the notice before the grace period expires. This may involve:
• Paying additional fees or surcharges
• Providing documentation for entity status
• Correcting any errors in the payment or documentation
3. If the grace period has expired, you may need to file a petition under 37 CFR 1.377 or 37 CFR 1.378.

For more information on petitions related to maintenance fees, refer to MPEP 2580 and MPEP 2590.

To learn more:

• maintenance fees
• non-acceptance notice
• grace period
• patent expiration
• petition