What are the consequences of not paying the correct filing fee for a patent application?
What are the consequences of not paying the correct filing fee for a patent application?
If you fail to pay the correct filing fee for your patent application, there can be significant consequences:
- Application may not be assigned a filing date: As stated in MPEP 607, “The filing fee and application size fee for a nonprovisional application or provisional application are due on filing.” Without the correct fee, your application might not be officially filed.
- Notice of Missing Parts: The USPTO will likely issue a Notice of Missing Parts, giving you a time limit to pay the correct fee.
- Potential abandonment: If you don’t respond to the Notice of Missing Parts within the given timeframe, your application could be considered abandoned.
- Additional fees: Late payment may incur surcharges or extension fees.
To avoid these issues, always ensure you calculate and submit the correct filing fee with your application.
To learn more:
Topics:
Patent Law,
Patent Procedure