Can I use a deposit account or credit card to pay the issue fee?

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.

Yes, you can use a U.S. Patent and Trademark Office Deposit Account or a credit card to pay the issue fee. MPEP 1306 states:

“The payment of the issue fee due may be simplified by using a U.S. Patent and Trademark Office Deposit Account or a credit card payment with form PTO-2038 for such a fee. See MPEP § 509.”

However, it’s crucial to note that when using these payment methods, you must specifically authorize the payment for the issue fee. The MPEP further clarifies:

“However, any such payment must be specifically authorized by reference to the “issue fee” or “fees due under 37 CFR 1.18″.”

This specificity ensures that the USPTO correctly applies the payment to your issue fee.