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

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.