How does the USPTO handle a maintenance fee payment with only a patent number?
When a maintenance fee payment is submitted with only a patent number and no application number, the USPTO has two options. According to MPEP 2530, If a maintenance fee payment identifies only the patent number (i.e., does not identify the application number for the patent on which the maintenance fee is being paid), the Office may apply the payment to the patent identified by the patent number in the payment or may return the payment.
This process is governed by 37 CFR 1.366(c). The decision to apply the payment or return it depends on various factors, including the clarity of the information provided and the ability to confidently identify the correct patent.
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Topics:
MPEP 2500 - Maintenance Fees,
MPEP 2530 - Special Acceptance Of Maintenance Fee Payments Containing Informalities,
Patent Law,
Patent Procedure