MPEP § 1126 — Publication Fees (Annotated Rules)

§1126 Publication Fees

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 1126, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Publication Fees

This section addresses Publication Fees. Primary authority: 35 U.S.C. 122(b), 37 CFR 1.18(d), and 37 CFR 1.211. Contains: 5 requirements, 1 prohibition, 1 guidance statement, 1 permission, and 5 other statements.

Key Rules

Topic

Publication Fee Due at Issue

10 rules
StatutoryRequiredAlways
[mpep-1126-26225b45c2eb2d21929e071b]
Publication Fee Must Be Paid Before Patent Grant
Note:
The publication fee must be paid before a patent is granted on the application, and it is due with the Notice of Allowance unless previously paid.

The publication fee set forth in 37 CFR 1.18(d) must be paid in each application published (or scheduled to be published) under 35 U.S.C. 122(b) before a patent will be granted on the application. The publication fee will be required with the Notice of Allowance and Fee(s) Due, unless the publication fee was previously paid. If an application becomes abandoned without being allowed, no publication fee is required. The small entity discount is not available for the publication fee. The sum specified in the Notice of Allowance and Fee(s) Due will also include the publication fee which must be paid within three months from the date of mailing of the Notice of Allowance and Fee(s) Due to avoid abandonment of the application. This three-month period is not extendable.

Jump to MPEP Source · 37 CFR 1.18(d)Publication Fee Due at IssueIssue FeesMaintenance Fee Amounts
StatutoryRequiredAlways
[mpep-1126-eda4d54f3e5334c8ed8afbd4]
Publication Fee Required with Notice of Allowance
Note:
The publication fee must be paid with the Notice of Allowance and Fee(s) Due unless it was previously paid.

The publication fee set forth in 37 CFR 1.18(d) must be paid in each application published (or scheduled to be published) under 35 U.S.C. 122(b) before a patent will be granted on the application. The publication fee will be required with the Notice of Allowance and Fee(s) Due, unless the publication fee was previously paid. If an application becomes abandoned without being allowed, no publication fee is required. The small entity discount is not available for the publication fee. The sum specified in the Notice of Allowance and Fee(s) Due will also include the publication fee which must be paid within three months from the date of mailing of the Notice of Allowance and Fee(s) Due to avoid abandonment of the application. This three-month period is not extendable.

Jump to MPEP Source · 37 CFR 1.18(d)Publication Fee Due at IssueIssue FeesMaintenance Fee Amounts
StatutoryRequiredAlways
[mpep-1126-902e3363276e52dbdba7cc18]
No Publication Fee Required for Abandoned Applications
Note:
If an application is abandoned without being allowed, no publication fee is required.

The publication fee set forth in 37 CFR 1.18(d) must be paid in each application published (or scheduled to be published) under 35 U.S.C. 122(b) before a patent will be granted on the application. The publication fee will be required with the Notice of Allowance and Fee(s) Due, unless the publication fee was previously paid. If an application becomes abandoned without being allowed, no publication fee is required. The small entity discount is not available for the publication fee. The sum specified in the Notice of Allowance and Fee(s) Due will also include the publication fee which must be paid within three months from the date of mailing of the Notice of Allowance and Fee(s) Due to avoid abandonment of the application. This three-month period is not extendable.

Jump to MPEP Source · 37 CFR 1.18(d)Publication Fee Due at IssueIssue FeesMaintenance Fee Amounts
StatutoryRequiredAlways
[mpep-1126-768f47c8e31385ad8b03f064]
Publication Fee Must Be Paid Within Three Months
Note:
The publication fee must be paid within three months of receiving the Notice of Allowance and Fee(s) Due to avoid abandoning the application.

The publication fee set forth in 37 CFR 1.18(d) must be paid in each application published (or scheduled to be published) under 35 U.S.C. 122(b) before a patent will be granted on the application. The publication fee will be required with the Notice of Allowance and Fee(s) Due, unless the publication fee was previously paid. If an application becomes abandoned without being allowed, no publication fee is required. The small entity discount is not available for the publication fee. The sum specified in the Notice of Allowance and Fee(s) Due will also include the publication fee which must be paid within three months from the date of mailing of the Notice of Allowance and Fee(s) Due to avoid abandonment of the application. This three-month period is not extendable.

Jump to MPEP Source · 37 CFR 1.18(d)Publication Fee Due at IssueNotice of Allowance Period (3 Months)Issue Fees
StatutoryRequiredAlways
[mpep-1126-730b1006584a4f3c85119017]
Publication Fee Must Be Paid Before Issue
Note:
Applicants must pay the publication fee before their application can be issued, even if it has not yet been published.

Applicant is required to pay the publication fee to avoid abandonment of the application even if the application has not yet been published at the time when the publication fee is due. The Office will continue with the pre-grant publication process until a patent actually issues. This is because there are many instances in which the Office mails a notice of allowance in an application but the application does not issue as a patent in regular course. Therefore, the Office will not discontinue the pre-grant publication process until a patent has actually issued. Since the Office cannot discontinue the pre-grant publication process during the last two to four weeks of the publication process, this will result in a few applications being issued as patents and subsequently being published as patent application publications. The Office will refund the publication fee (if paid) if the application is not published as a patent application publication, but will not refund the publication fee if the application is published as a patent application publication, even if it is published after the patent issues. Effective January 1, 2014, the publication fee set forth in 37 CFR 1.18(d) is $0.00.

Jump to MPEP Source · 37 CFR 1.18(d)Publication Fee Due at IssueIssue FeesMaintenance Fee Amounts
StatutoryProhibitedAlways
[mpep-1126-a2799131eefd69c348c9214c]
Pre-Grant Publication Until Patent Issuance
Note:
The Office will continue pre-grant publication until a patent is issued, ensuring applications are published even if they are issued as patents after the usual publication period.

Applicant is required to pay the publication fee to avoid abandonment of the application even if the application has not yet been published at the time when the publication fee is due. The Office will continue with the pre-grant publication process until a patent actually issues. This is because there are many instances in which the Office mails a notice of allowance in an application but the application does not issue as a patent in regular course. Therefore, the Office will not discontinue the pre-grant publication process until a patent has actually issued. Since the Office cannot discontinue the pre-grant publication process during the last two to four weeks of the publication process, this will result in a few applications being issued as patents and subsequently being published as patent application publications. The Office will refund the publication fee (if paid) if the application is not published as a patent application publication, but will not refund the publication fee if the application is published as a patent application publication, even if it is published after the patent issues. Effective January 1, 2014, the publication fee set forth in 37 CFR 1.18(d) is $0.00.

Jump to MPEP Source · 37 CFR 1.18(d)Publication Fee Due at IssueIssue FeesMaintenance Fee Amounts
StatutoryInformativeAlways
[mpep-1126-02fe3984cd1d5942bed1fa5f]
Publication Fee Not Refunded If Patented
Note:
The Office will not refund the publication fee if the application is published as a patent application publication, even if it occurs after the patent issues.

Applicant is required to pay the publication fee to avoid abandonment of the application even if the application has not yet been published at the time when the publication fee is due. The Office will continue with the pre-grant publication process until a patent actually issues. This is because there are many instances in which the Office mails a notice of allowance in an application but the application does not issue as a patent in regular course. Therefore, the Office will not discontinue the pre-grant publication process until a patent has actually issued. Since the Office cannot discontinue the pre-grant publication process during the last two to four weeks of the publication process, this will result in a few applications being issued as patents and subsequently being published as patent application publications. The Office will refund the publication fee (if paid) if the application is not published as a patent application publication, but will not refund the publication fee if the application is published as a patent application publication, even if it is published after the patent issues. Effective January 1, 2014, the publication fee set forth in 37 CFR 1.18(d) is $0.00.

Jump to MPEP Source · 37 CFR 1.18(d)Publication Fee Due at IssueIssue FeesMaintenance Fee Amounts
StatutoryInformativeAlways
[mpep-1126-94e7922d90390bc2fd31a697]
Publication Fee Due at Issue
Note:
Applicants must pay the publication fee to avoid abandoning their application, even if it has not been published yet. Effective January 1, 2014, the publication fee is $0.00.

Applicant is required to pay the publication fee to avoid abandonment of the application even if the application has not yet been published at the time when the publication fee is due. The Office will continue with the pre-grant publication process until a patent actually issues. This is because there are many instances in which the Office mails a notice of allowance in an application but the application does not issue as a patent in regular course. Therefore, the Office will not discontinue the pre-grant publication process until a patent has actually issued. Since the Office cannot discontinue the pre-grant publication process during the last two to four weeks of the publication process, this will result in a few applications being issued as patents and subsequently being published as patent application publications. The Office will refund the publication fee (if paid) if the application is not published as a patent application publication, but will not refund the publication fee if the application is published as a patent application publication, even if it is published after the patent issues. Effective January 1, 2014, the publication fee set forth in 37 CFR 1.18(d) is $0.00.

Jump to MPEP Source · 37 CFR 1.18(d)Publication Fee Due at IssueIssue FeesMaintenance Fee Amounts
StatutoryInformativeAlways
[mpep-1126-d3a164a2f6c0b6bd5c5d97e9]
No Publication Fee Required After January 1, 2014
Note:
The publication fee for patent applications is $0.00 after the effective date of January 1, 2014.

Applicant is required to pay the publication fee to avoid abandonment of the application even if the application has not yet been published at the time when the publication fee is due. The Office will continue with the pre-grant publication process until a patent actually issues. This is because there are many instances in which the Office mails a notice of allowance in an application but the application does not issue as a patent in regular course. Therefore, the Office will not discontinue the pre-grant publication process until a patent has actually issued. Since the Office cannot discontinue the pre-grant publication process during the last two to four weeks of the publication process, this will result in a few applications being issued as patents and subsequently being published as patent application publications. The Office will refund the publication fee (if paid) if the application is not published as a patent application publication, but will not refund the publication fee if the application is published as a patent application publication, even if it is published after the patent issues. Effective January 1, 2014, the publication fee set forth in 37 CFR 1.18(d) is $0.00.

Jump to MPEP Source · 37 CFR 1.18(d)Publication Fee Due at IssueIssue FeesMaintenance Fee Amounts
StatutoryInformativeAlways
[mpep-1126-176d0a22ded39e710aae5633]
Publication Fee Suspended After RCE Filing
Note:
If a Request for Continued Examination is filed after a Notice of Allowance, the due date for the publication fee is suspended until three months from the new notice's mail date.

If applicant files a request for continued examination (RCE) under 37 CFR 1.114 after a Notice of Allowance and Fee(s) Due is mailed (but before the expiration of the three-month time period set forth in the Notice of Allowance and Fee(s) Due), the Office will suspend the due date for the publication fee until three months from the mail date of the new Notice of Allowance and Fee(s) Due for the application (if and when a new Notice is mailed). See Time Period for Paying Publication Fee if a Request for Continued Examination is Filed After a Notice of Allowance is Mailed, 1249 Off. Gaz. Pat. Office 81 (Aug. 21, 2001). For more information on RCE practice, see MPEP § 706.07(h).

Jump to MPEP Source · 37 CFR 1.114Publication Fee Due at IssueIssue FeesMaintenance Fee Amounts
Topic

Issue Fees

2 rules
StatutoryPermittedAlways
[mpep-1126-8022052ebbd207ca7c28cbf0]
Refund of Publication Fee After 4 Weeks If Application Not Published
Note:
Applicants can request a refund of the publication fee after 4 weeks from the patent issue date if their application was not published. Requests filed earlier are premature.

Accordingly, applicant may file a request for a refund of the publication fee after 4 weeks from the issue date of the patent if the application did not publish. A request for refund filed before 4 weeks from the issue date is premature and will be disregarded. Requests for a refund of the publication fee should be directed to the Office at Mail Stop PGPUB.

Jump to MPEP Source · 37 CFR 1.211Issue FeesFee RequirementsPublication of Patent Applications
StatutoryRecommendedAlways
[mpep-1126-c2240124316338c16aba2dd4]
Request for Refund of Publication Fee Must Be Directed to Office at Mail Stop PGPUB After 4 Weeks
Note:
Applicants must file a request for refund of publication fee after 4 weeks from the issue date if the application did not publish, and it should be directed to the Office at Mail Stop PGPUB.

Accordingly, applicant may file a request for a refund of the publication fee after 4 weeks from the issue date of the patent if the application did not publish. A request for refund filed before 4 weeks from the issue date is premature and will be disregarded. Requests for a refund of the publication fee should be directed to the Office at Mail Stop PGPUB.

Jump to MPEP Source · 37 CFR 1.211Issue FeesFee RequirementsContent of Patent Application Publication
Topic

Three-Month Issue Fee Period

2 rules
StatutoryInformativeAlways
[mpep-1126-5aedf6aea1dff08d2ba0164f]
Publication Fee Due Suspended After RCE Filing
Note:
If an applicant files a request for continued examination after receiving a Notice of Allowance and Fee(s) Due, the due date for the publication fee is suspended until three months from the mail date of the new Notice of Allowance and Fee(s) Due.

If applicant files a request for continued examination (RCE) under 37 CFR 1.114 after a Notice of Allowance and Fee(s) Due is mailed (but before the expiration of the three-month time period set forth in the Notice of Allowance and Fee(s) Due), the Office will suspend the due date for the publication fee until three months from the mail date of the new Notice of Allowance and Fee(s) Due for the application (if and when a new Notice is mailed). See Time Period for Paying Publication Fee if a Request for Continued Examination is Filed After a Notice of Allowance is Mailed, 1249 Off. Gaz. Pat. Office 81 (Aug. 21, 2001). For more information on RCE practice, see MPEP § 706.07(h).

Jump to MPEP Source · 37 CFR 1.114Three-Month Issue Fee PeriodIssue Fee TimingPublication Fee Due at Issue
StatutoryInformativeAlways
[mpep-1126-f93b0d380d85700ed56d5e59]
Suspension of Publication Fee Due Date After RCE
Note:
If an RCE is filed after a Notice of Allowance, the publication fee due date is suspended until three months from the mail date of the new notice.

If applicant files a request for continued examination (RCE) under 37 CFR 1.114 after a Notice of Allowance and Fee(s) Due is mailed (but before the expiration of the three-month time period set forth in the Notice of Allowance and Fee(s) Due), the Office will suspend the due date for the publication fee until three months from the mail date of the new Notice of Allowance and Fee(s) Due for the application (if and when a new Notice is mailed). See Time Period for Paying Publication Fee if a Request for Continued Examination is Filed After a Notice of Allowance is Mailed, 1249 Off. Gaz. Pat. Office 81 (Aug. 21, 2001). For more information on RCE practice, see MPEP § 706.07(h).

Jump to MPEP Source · 37 CFR 1.114Three-Month Issue Fee PeriodIssue Fee TimingPublication Fee Due at Issue
Topic

Issue Fee Amount

1 rules
StatutoryInformativeAlways
[mpep-1126-2f3c2ab767e87cd686cba7cb]
Publication Fee Not Discounted for Small Entities
Note:
The small entity discount is not applicable to the publication fee required before a patent can be granted.

The publication fee set forth in 37 CFR 1.18(d) must be paid in each application published (or scheduled to be published) under 35 U.S.C. 122(b) before a patent will be granted on the application. The publication fee will be required with the Notice of Allowance and Fee(s) Due, unless the publication fee was previously paid. If an application becomes abandoned without being allowed, no publication fee is required. The small entity discount is not available for the publication fee. The sum specified in the Notice of Allowance and Fee(s) Due will also include the publication fee which must be paid within three months from the date of mailing of the Notice of Allowance and Fee(s) Due to avoid abandonment of the application. This three-month period is not extendable.

Jump to MPEP Source · 37 CFR 1.18(d)Issue Fee AmountPublication Fee Due at IssueIssue Fees
Topic

Notice of Allowance Period (3 Months)

1 rules
StatutoryInformativeAlways
[mpep-1126-c9675b9755437f829256dafa]
Publication Fee Must Be Paid Within Three Months
Note:
The publication fee must be paid within three months from the date of mailing of the Notice of Allowance and Fee(s) Due to avoid abandonment of the application. This period is not extendable.

The publication fee set forth in 37 CFR 1.18(d) must be paid in each application published (or scheduled to be published) under 35 U.S.C. 122(b) before a patent will be granted on the application. The publication fee will be required with the Notice of Allowance and Fee(s) Due, unless the publication fee was previously paid. If an application becomes abandoned without being allowed, no publication fee is required. The small entity discount is not available for the publication fee. The sum specified in the Notice of Allowance and Fee(s) Due will also include the publication fee which must be paid within three months from the date of mailing of the Notice of Allowance and Fee(s) Due to avoid abandonment of the application. This three-month period is not extendable.

Jump to MPEP Source · 37 CFR 1.18(d)Notice of Allowance Period (3 Months)Issue Fee AmountPublication Fee Due at Issue
Topic

Patent Issue and Publication

1 rules
StatutoryInformativeAlways
[mpep-1126-8fe0b7b202b57c3b47719fc7]
Pre-Grant Publication Until Patent Issues
Note:
The Office will continue the pre-grant publication process until a patent is actually issued, even if a notice of allowance has been mailed.

Applicant is required to pay the publication fee to avoid abandonment of the application even if the application has not yet been published at the time when the publication fee is due. The Office will continue with the pre-grant publication process until a patent actually issues. This is because there are many instances in which the Office mails a notice of allowance in an application but the application does not issue as a patent in regular course. Therefore, the Office will not discontinue the pre-grant publication process until a patent has actually issued. Since the Office cannot discontinue the pre-grant publication process during the last two to four weeks of the publication process, this will result in a few applications being issued as patents and subsequently being published as patent application publications. The Office will refund the publication fee (if paid) if the application is not published as a patent application publication, but will not refund the publication fee if the application is published as a patent application publication, even if it is published after the patent issues. Effective January 1, 2014, the publication fee set forth in 37 CFR 1.18(d) is $0.00.

Jump to MPEP Source · 37 CFR 1.18(d)Patent Issue and PublicationPublication Fee Due at IssueIssue Fees
Topic

Fee Requirements

1 rules
StatutoryInformativeAlways
[mpep-1126-bc45ec95f32f2bd6ed3c2135]
Request for Refund After Issue Date
Note:
A refund request filed before 4 weeks from the issue date is premature and will be disregarded. Requests should be made after the application has not published.

Accordingly, applicant may file a request for a refund of the publication fee after 4 weeks from the issue date of the patent if the application did not publish. A request for refund filed before 4 weeks from the issue date is premature and will be disregarded. Requests for a refund of the publication fee should be directed to the Office at Mail Stop PGPUB.

Jump to MPEP Source · 37 CFR 1.211Fee RequirementsIssue FeesPublication of Patent Applications

Citations

Primary topicCitation
Issue Fee Amount
Notice of Allowance Period (3 Months)
Publication Fee Due at Issue
35 U.S.C. § 122(b)
Publication Fee Due at Issue
Three-Month Issue Fee Period
37 CFR § 1.114
Issue Fee Amount
Notice of Allowance Period (3 Months)
Patent Issue and Publication
Publication Fee Due at Issue
37 CFR § 1.18(d)
Publication Fee Due at Issue
Three-Month Issue Fee Period
MPEP § 706.07(h)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31