How does the USPTO apply insufficient payments for patent application fees?

When an applicant submits an insufficient payment for fees due on filing a nonprovisional application under 35 U.S.C. 111(a) and has not specified how to apply the payment, the USPTO applies the payment in a specific order. The MPEP outlines this order as follows:

  1. Basic filing fee
  2. Search fee
  3. Examination fee
  4. Excess claims fee (independent claims exceeding three and total claims exceeding twenty)
  5. Application size fee
  6. Non-electronic filing fee (if applicable)

For provisional applications under 35 U.S.C. 111(b), the order is:

  1. Basic filing fee
  2. Application size fee

This information helps applicants understand how their payments will be allocated if they submit an insufficient amount for the required fees.

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Topics: Patent Law, Patent Procedure
Tags: Fee Application, Insufficient Payment, patent fees