37 CFR § 1.366 — Submission of maintenance fees. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.366 Submission of maintenance fees.
This page consolidates MPEP guidance interpreting 37 CFR § 1.366, including 78 rules 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.
Summary
This section outlines the requirements for submitting maintenance fees and necessary surcharges, emphasizing timely submission with correct identification of the patent and application numbers.
What this section covers
- This section covers the process of submitting maintenance fees and any necessary surcharges for patents.
Key obligations
- A maintenance fee and any necessary surcharge must be submitted in the correct amount on the date it is paid.
- The submission must include the patent number and the application number of the actual application that matured into the patent.
- The submission must comply with 37 CFR 1.366, which outlines the specific requirements for payment.
Practice notes
- Ensure the correct fee amount and timely submission to avoid any penalties or expiration of the patent.
- Be aware that missing the grace period for late payments can result in the expiration of the patent.
Official MPEP § 1.366 — Submission of maintenance fees.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.366 Submission of maintenance fees.
- (a) The patentee may pay maintenance fees and any necessary surcharges, or any person or organization may pay maintenance fees and any necessary surcharges on behalf of a patentee. A maintenance fee transmittal letter may be signed by a juristic applicant or patent owner. A patentee need not file authorization to enable any person or organization to pay maintenance fees and any necessary surcharges on behalf of the patentee.
- (b) A maintenance fee and any necessary surcharge submitted for a patent must be submitted in the amount due on the date the maintenance fee and any necessary surcharge are paid. A maintenance fee or surcharge may be paid in the manner set forth in § 1.23 or by an authorization to charge a deposit account established pursuant to § 1.25 . Payment of a maintenance fee and any necessary surcharge or the authorization to charge a deposit account must be submitted within the periods set forth in § 1.362(d), (e), or (f) . Any payment or authorization of maintenance fees and surcharges filed at any other time will not be accepted and will not serve as a payment of the maintenance fee except insofar as a delayed payment of the maintenance fee is accepted by the Director in an expired patent pursuant to a petition filed under § 1.378 . Any authorization to charge a deposit account must authorize the immediate charging of the maintenance fee and any necessary surcharge to the deposit account. Payment of less than the required amount, payment in a manner other than that set forth in § 1.23 , or in the filing of an authorization to charge a deposit account having insufficient funds will not constitute payment of a maintenance fee or surcharge on a patent. The procedures set forth in § 1.8 or § 1.10 may be utilized in paying maintenance fees and any necessary surcharges.
- (c) In submitting maintenance fees and any necessary surcharges, identification of the patents for which maintenance fees are being paid must include the patent number, and the application number of the United States application for the patent on which the maintenance fee is being paid. If the payment includes identification of only the patent number ( i.e., does not identify the application number of the United States application for the patent on which the maintenance fee is being paid), the Office may apply the payment to the patent identified by patent number in the payment or may return the payment.
- (d) Payment of maintenance fees and any surcharges should identify the fee being paid for each patent as to whether it is the 3 1/2-, 7 1/2-, or 11 1/2-year fee, whether small entity status is being changed or claimed, the amount of the maintenance fee and any surcharge being paid, and any assigned customer number. If the maintenance fee and any necessary surcharge is being paid on a reissue patent, the payment must identify the reissue patent by reissue patent number and reissue application number as required by paragraph (c) of this section and should also include the original patent number.
- (e) Maintenance fee payments and surcharge payments relating thereto must be submitted separate from any other payments for fees or charges, whether submitted in the manner set forth in § 1.23 or by an authorization to charge a deposit account. If maintenance fee and surcharge payments for more than one patent are submitted together, they should be submitted on as few sheets as possible with the patent numbers listed in increasing patent number order. If the payment submitted is insufficient to cover the maintenance fees and surcharges for all the listed patents, the payment will be applied in the order the patents are listed, beginning at the top of the listing.
- (f) Notification of any change in status resulting in loss of entitlement to small entity status must be filed in a patent prior to paying, or at the time of paying, the earliest maintenance fee due after the date on which status as a small entity is no longer appropriate. See § 1.27(g) .
- (g) Maintenance fees and surcharges relating thereto will not be refunded except in accordance with §§ 1.26 and 1.28(a) .
[49 FR 34725, Aug. 31, 1984, added effective Nov. 1, 1984; para. (b) amended, 58 FR 54494, Oct. 22, 1993, effective Nov. 22, 1993; paras. (b) – (d) revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; para. (c) revised, 65 FR 54604, Sept. 8, 2000, effective Sept. 8, 2000; para. (f) revised, 65 FR 78958, Dec. 18, 2000; para. (b) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; paras. (a) and (b) revised, 78 FR 62368, Oct. 21, 2013, effective Dec. 18, 2013]
- Certificate Of Mailing
- Correspondence Address
- Director Authority
- Petition Procedures
- Petition Filing
- Entity Status
- Entity Status Changes
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- Maintenance Fee Late
- Late Payment Surcharge
- Patent Expiration Maintenance
- Patent Reinstatement
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- Patent Term
- Term Expiration
- Reissue
- Reissue Application
| MPEP Section | Rules |
|---|---|
| MPEP § 2510 | |
| MPEP § 2515 | |
| MPEP § 2520 | |
| MPEP § 2522 | |
| MPEP § 2530 | |
| MPEP § 2550 | |
| MPEP § 2580 | |
| MPEP § 502 |