What happens if my USPTO deposit account becomes overdrawn?
If your USPTO deposit account becomes overdrawn, several consequences may occur:
- Account Suspension: The MPEP states,
An overdrawn account will be immediately suspended and no charges will be accepted against it until a proper balance is restored, together with a payment of $10 (37 CFR 1.21(b)(1)) to cover the work done by the U.S. Patent and Trademark Office incident to suspending and reinstating the account and dealing with charges which may have been made in the meantime.
- Additional Surcharges: If there’s an authorization to charge a basic filing fee to an overdrawn account, a surcharge under 37 CFR 1.16(f) is required in addition to the basic filing fee.
- Potential Abandonment: The MPEP warns,
Failure to timely pay the filing fee and surcharge will result in abandonment of the application.
- Account Closure: Repeated overdrafts may lead to account closure.
If an account is suspended repeatedly it will be closed.
To avoid these issues, always maintain sufficient funds in your deposit account and monitor your account balance regularly.
To learn more:
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers,
Patent Law,
Patent Procedure