MPEP § 2540 — Fee Address for Maintenance Fee Purposes (Annotated Rules)

§2540 Fee Address for Maintenance Fee Purposes

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

This page consolidates and annotates all enforceable requirements under MPEP § 2540, 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.

Fee Address for Maintenance Fee Purposes

This section addresses Fee Address for Maintenance Fee Purposes. Primary authority: 37 CFR 1.33(a), 37 CFR 1.363, and 37 CFR 1.33(d). Contains: 1 requirement, 4 guidance statements, 4 permissions, and 6 other statements.

Key Rules

Topic

Customer Number Practice

9 rules
StatutoryRequiredAlways
[mpep-2540-999f0a27a30003c054b0ab11]
Fee Address Must Be Linked to Customer Number
Note:
A fee address for maintenance purposes must be associated with a customer's number.

(c) A fee address must be an address associated with a Customer Number.

Jump to MPEP Source · 37 CFR 1.363Customer Number PracticeMaintenance Fee AmountsCorrespondence Address
StatutoryRequiredAlways
[mpep-2540-5f0e993764033d1df8459b1a]
Fee Address Must Be Associated With Customer Number
Note:
A fee address for maintenance fee purposes must be linked to a customer number, requiring the use of specific forms if no prior customer number exists.

37 CFR 1.363(c) states that “[a] fee address must be an address associated with a Customer Number.” Only an address represented by a customer number can be established as the fee address for maintenance fee purposes. The use of the following form(s) is suggested when requesting establishment of a fee address: a current version of the "Fee Address" Indication Form (PTO/SB/47), and if necessary, a Request for Customer Number (PTO/SB/125). If a customer number was previously acquired from the Office for the address being designated as the fee address, that customer number should be entered on the "Fee Address" Indication Form (PTO/SB/47) to make the fee address designation. If no customer number was previously acquired from the Office for the address being designated as the fee address, then the "Fee Address" Indication Form (PTO/SB/47) should be accompanied by a completed Request for Customer Number (form PTO/SB/125). See MPEP § 403 concerning customer number practice.

Jump to MPEP Source · 37 CFR 1.363(c)Customer Number PracticeMaintenance Fee AmountsCorrespondence Address
StatutoryPermittedAlways
[mpep-2540-af746b488651cd97d9a92b3e]
Customer Number Required for Fee Address
Note:
A fee address must be associated with a customer number to be valid for maintenance fee purposes.

37 CFR 1.363(c) states that “[a] fee address must be an address associated with a Customer Number.” Only an address represented by a customer number can be established as the fee address for maintenance fee purposes. The use of the following form(s) is suggested when requesting establishment of a fee address: a current version of the "Fee Address" Indication Form (PTO/SB/47), and if necessary, a Request for Customer Number (PTO/SB/125). If a customer number was previously acquired from the Office for the address being designated as the fee address, that customer number should be entered on the "Fee Address" Indication Form (PTO/SB/47) to make the fee address designation. If no customer number was previously acquired from the Office for the address being designated as the fee address, then the "Fee Address" Indication Form (PTO/SB/47) should be accompanied by a completed Request for Customer Number (form PTO/SB/125). See MPEP § 403 concerning customer number practice.

Jump to MPEP Source · 37 CFR 1.363(c)Customer Number PracticePost-Issuance & Maintenance FeesMaintenance Fee Amounts
StatutoryInformativeAlways
[mpep-2540-1c047bddec62b78395f3ebcf]
Fee Address Must Use Specific Forms
Note:
The fee address must be established using a current 'Fee Address' Indication Form (PTO/SB/47) and, if necessary, a Request for Customer Number (PTO/SB/125).

37 CFR 1.363(c) states that “[a] fee address must be an address associated with a Customer Number.” Only an address represented by a customer number can be established as the fee address for maintenance fee purposes. The use of the following form(s) is suggested when requesting establishment of a fee address: a current version of the "Fee Address" Indication Form (PTO/SB/47), and if necessary, a Request for Customer Number (PTO/SB/125). If a customer number was previously acquired from the Office for the address being designated as the fee address, that customer number should be entered on the "Fee Address" Indication Form (PTO/SB/47) to make the fee address designation. If no customer number was previously acquired from the Office for the address being designated as the fee address, then the "Fee Address" Indication Form (PTO/SB/47) should be accompanied by a completed Request for Customer Number (form PTO/SB/125). See MPEP § 403 concerning customer number practice.

Jump to MPEP Source · 37 CFR 1.363(c)Customer Number PracticeMaintenance Fee AmountsCorrespondence Address
StatutoryRecommendedAlways
[mpep-2540-e1ab1eb943e121a9ff0f7fcd]
Customer Number Required for Fee Address Designation
Note:
If a customer number was previously acquired for the designated fee address, it must be entered on the 'Fee Address' Indication Form (PTO/SB/47) to establish the fee address.

37 CFR 1.363(c) states that “[a] fee address must be an address associated with a Customer Number.” Only an address represented by a customer number can be established as the fee address for maintenance fee purposes. The use of the following form(s) is suggested when requesting establishment of a fee address: a current version of the "Fee Address" Indication Form (PTO/SB/47), and if necessary, a Request for Customer Number (PTO/SB/125). If a customer number was previously acquired from the Office for the address being designated as the fee address, that customer number should be entered on the "Fee Address" Indication Form (PTO/SB/47) to make the fee address designation. If no customer number was previously acquired from the Office for the address being designated as the fee address, then the "Fee Address" Indication Form (PTO/SB/47) should be accompanied by a completed Request for Customer Number (form PTO/SB/125). See MPEP § 403 concerning customer number practice.

Jump to MPEP Source · 37 CFR 1.363(c)Customer Number PracticeMaintenance Fee AmountsCorrespondence Address
StatutoryRecommendedAlways
[mpep-2540-6643faf0ae2a98f48cff417b]
Customer Number Required for Fee Address
Note:
If no customer number is associated with the fee address, a Request for Customer Number form must be submitted along with the Fee Address Indication Form.

37 CFR 1.363(c) states that “[a] fee address must be an address associated with a Customer Number.” Only an address represented by a customer number can be established as the fee address for maintenance fee purposes. The use of the following form(s) is suggested when requesting establishment of a fee address: a current version of the "Fee Address" Indication Form (PTO/SB/47), and if necessary, a Request for Customer Number (PTO/SB/125). If a customer number was previously acquired from the Office for the address being designated as the fee address, that customer number should be entered on the "Fee Address" Indication Form (PTO/SB/47) to make the fee address designation. If no customer number was previously acquired from the Office for the address being designated as the fee address, then the "Fee Address" Indication Form (PTO/SB/47) should be accompanied by a completed Request for Customer Number (form PTO/SB/125). See MPEP § 403 concerning customer number practice.

Jump to MPEP Source · 37 CFR 1.363(c)Customer Number PracticeMaintenance Fee AmountsCorrespondence Address
StatutoryPermittedAlways
[mpep-2540-cd66b36a05bc6aa652e35832]
Fee Address Indication Required After Issue Fee Payment
Note:
Applicants must submit a 'Fee Address' Indication Form (PTO/SB/47) and, if necessary, a Request for Customer Number (PTO/SB/125), to the specified address after paying the issue fee.

At the time of issue fee payment, applicants may designate a fee address by submitting a "Fee Address" Indication Form (PTO/SB/47) as an attachment to the Issue Fee Transmittal (PTOL-85B). After issue fee payment, applicants may designate a fee address by submitting a "Fee Address" Indication Form (PTO/SB/47), and if necessary, a Request for Customer Number (PTO/SB/125), to the address specified on the "Fee Address" Indication Form (PTO/SB/47).

Jump to MPEP Source · 37 CFR 1.363Customer Number PracticeIssue FeesMaintenance Fee Amounts
StatutoryInformativeAlways
[mpep-2540-c0d2f4b9c6ac015a3cfe5f09]
Request for Customer Number Available Online and at Electronic Business Center
Note:
The Request for Customer Number (PTO/SB/125) can be obtained from the Electronic Business Center or the USPTO website.

The current version of the "Fee Address" Indication Form (PTO/SB/47) is available upon request from the Maintenance Fee Branch and from the USPTO website (www.uspto.gov). The Request for Customer Number (PTO/SB/125) is available upon request from the Electronic Business Center and from the USPTO website (www.uspto.gov). Requests for the establishment of a fee address should be submitted to the Maintenance Fee Branch prior to or at the time of payment of maintenance fees in order to ensure that receipt of payment is directed to the fee address.

Jump to MPEP Source · 37 CFR 1.363Customer Number PracticeCorrespondence AddressPost-Issuance & Maintenance Fees
StatutoryPermittedAlways
[mpep-2540-2a2f30f5d5ff3cd8926bc68a]
Additional Patent Numbers May Be Assigned Upon Request
Note:
Allows the assignment of additional patent numbers to a customer number at any time, provided by written request.

Additional patent numbers may be assigned to a customer number at any time, upon written request.

Jump to MPEP Source · 37 CFR 1.363Customer Number PracticeCorrespondence AddressPost-Issuance & Maintenance Fees
Topic

Term Lapse for Maintenance Fee

5 rules
StatutoryInformativeAlways
[mpep-2540-846d97856dfc2ba5f83d785c]
Patentee Responsible for Paying Maintenance Fees Timely
Note:
It is the patentee's duty to ensure timely payment of maintenance fees to prevent patent expiration, as the Office has no obligation to notify the patentee about fee requirements or due dates.

Under the statutes and rules, the Office has no duty to notify patentee of the requirement to pay maintenance fees or to notify patentee when the maintenance fee is due. It is solely the responsibility of the patentee to ensure that the maintenance fee is paid timely to prevent expiration of the patent. The failure to receive the reminder notice will not shift the burden of monitoring the time for paying a maintenance fee from the patentee to the Office. The Office will attempt to assist patentees through the mailing of a Maintenance Fee Reminder in the grace period. However, the failure to receive a Maintenance Fee Reminder will not relieve the patentee of the obligation to timely pay the appropriate maintenance fee to prevent expiration of the patent. See Rydeen v. Quigg, 748 F. Supp. 900, 16 USPQ2d 1876 (D.D.C. 1990), aff’d 937 F.2d 623 (Fed. Cir. 1991) (table), cert. denied, 502 U.S. 1075 (1992). Maintenance fee correspondence will not be directed to more than one address.

Jump to MPEP Source · 37 CFR 1.363Term Lapse for Maintenance FeePost-Issuance & Maintenance FeesMaintenance Fee Amounts
StatutoryInformativeAlways
[mpep-2540-c5af4bb82a8316dcf6212cc0]
Patentee Must Monitor Payment Timely
Note:
The patentee is responsible for paying maintenance fees on time, regardless of receiving a reminder notice from the Office.

Under the statutes and rules, the Office has no duty to notify patentee of the requirement to pay maintenance fees or to notify patentee when the maintenance fee is due. It is solely the responsibility of the patentee to ensure that the maintenance fee is paid timely to prevent expiration of the patent. The failure to receive the reminder notice will not shift the burden of monitoring the time for paying a maintenance fee from the patentee to the Office. The Office will attempt to assist patentees through the mailing of a Maintenance Fee Reminder in the grace period. However, the failure to receive a Maintenance Fee Reminder will not relieve the patentee of the obligation to timely pay the appropriate maintenance fee to prevent expiration of the patent. See Rydeen v. Quigg, 748 F. Supp. 900, 16 USPQ2d 1876 (D.D.C. 1990), aff’d 937 F.2d 623 (Fed. Cir. 1991) (table), cert. denied, 502 U.S. 1075 (1992). Maintenance fee correspondence will not be directed to more than one address.

Jump to MPEP Source · 37 CFR 1.363Term Lapse for Maintenance FeePost-Issuance & Maintenance FeesMaintenance Fee Amounts
StatutoryInformativeAlways
[mpep-2540-0165e8c716e4aa8594bafafb]
Reminder Not Excusing Payment Obligation
Note:
The Office will send a reminder during the grace period, but failing to receive it does not relieve the patentee of the duty to pay the maintenance fee on time to avoid patent expiration.

Under the statutes and rules, the Office has no duty to notify patentee of the requirement to pay maintenance fees or to notify patentee when the maintenance fee is due. It is solely the responsibility of the patentee to ensure that the maintenance fee is paid timely to prevent expiration of the patent. The failure to receive the reminder notice will not shift the burden of monitoring the time for paying a maintenance fee from the patentee to the Office. The Office will attempt to assist patentees through the mailing of a Maintenance Fee Reminder in the grace period. However, the failure to receive a Maintenance Fee Reminder will not relieve the patentee of the obligation to timely pay the appropriate maintenance fee to prevent expiration of the patent. See Rydeen v. Quigg, 748 F. Supp. 900, 16 USPQ2d 1876 (D.D.C. 1990), aff’d 937 F.2d 623 (Fed. Cir. 1991) (table), cert. denied, 502 U.S. 1075 (1992). Maintenance fee correspondence will not be directed to more than one address.

Jump to MPEP Source · 37 CFR 1.363Term Lapse for Maintenance FeePost-Issuance & Maintenance FeesMaintenance Fee Amounts
StatutoryInformativeAlways
[mpep-2540-20a6352c94cbd28eba05adc6]
Patentee Responsibility for Timely Payment of Maintenance Fees
Note:
It is the patentee's responsibility to ensure timely payment of maintenance fees to prevent patent expiration, regardless of whether a reminder notice is received.

Under the statutes and rules, the Office has no duty to notify patentee of the requirement to pay maintenance fees or to notify patentee when the maintenance fee is due. It is solely the responsibility of the patentee to ensure that the maintenance fee is paid timely to prevent expiration of the patent. The failure to receive the reminder notice will not shift the burden of monitoring the time for paying a maintenance fee from the patentee to the Office. The Office will attempt to assist patentees through the mailing of a Maintenance Fee Reminder in the grace period. However, the failure to receive a Maintenance Fee Reminder will not relieve the patentee of the obligation to timely pay the appropriate maintenance fee to prevent expiration of the patent. See Rydeen v. Quigg, 748 F. Supp. 900, 16 USPQ2d 1876 (D.D.C. 1990), aff’d 937 F.2d 623 (Fed. Cir. 1991) (table), cert. denied, 502 U.S. 1075 (1992). Maintenance fee correspondence will not be directed to more than one address.

Jump to MPEP Source · 37 CFR 1.363Term Lapse for Maintenance FeePost-Issuance & Maintenance FeesMaintenance Fee Amounts
StatutoryInformativeAlways
[mpep-2540-2beb28fc152b1931964b8ba2]
Single Address for Maintenance Fees Required
Note:
Patentees must ensure maintenance fees are paid to a single address, as the Office will not direct correspondence to more than one address.

Under the statutes and rules, the Office has no duty to notify patentee of the requirement to pay maintenance fees or to notify patentee when the maintenance fee is due. It is solely the responsibility of the patentee to ensure that the maintenance fee is paid timely to prevent expiration of the patent. The failure to receive the reminder notice will not shift the burden of monitoring the time for paying a maintenance fee from the patentee to the Office. The Office will attempt to assist patentees through the mailing of a Maintenance Fee Reminder in the grace period. However, the failure to receive a Maintenance Fee Reminder will not relieve the patentee of the obligation to timely pay the appropriate maintenance fee to prevent expiration of the patent. See Rydeen v. Quigg, 748 F. Supp. 900, 16 USPQ2d 1876 (D.D.C. 1990), aff’d 937 F.2d 623 (Fed. Cir. 1991) (table), cert. denied, 502 U.S. 1075 (1992). Maintenance fee correspondence will not be directed to more than one address.

Jump to MPEP Source · 37 CFR 1.363Term Lapse for Maintenance FeePost-Issuance & Maintenance FeesMaintenance Fee Amounts
Topic

Correspondence Address Requirements

3 rules
StatutoryInformativeAlways
[mpep-2540-f181ad07045d86ade9218148]
Correspondence Address for Maintenance Fees Must Be Set During Prosecution
Note:
The correspondence address for maintenance fees must be set during the prosecution of an application and cannot be changed unless a fee address or change in fee address is specifically filed after payment of the issue fee.
(a) All notices, receipts, refunds, and other communications relating to payment or refund of maintenance fees will be directed to the correspondence address used during prosecution of the application as indicated in § 1.33(a) unless:
  • (1) A fee address for purposes of payment of maintenance fees is set forth when submitting the issue fee, or
  • (2) A change in the correspondence address for all purposes is filed after payment of the issue fee, or
  • (3) A fee address or a change in the “fee address” is filed for purposes of receiving notices, receipts and other correspondence relating to the payment of maintenance fees after the payment of the issue fee, in which instance, the latest such address will be used.
Jump to MPEP Source · 37 CFR 1.33(a)Correspondence Address RequirementsCorrespondence with the OfficeCorrespondence Address
StatutoryInformativeAlways
[mpep-2540-145b56cf1061c78c047cdcce]
Fee Address for Maintenance Fee Communications
Note:
Communications regarding maintenance fees must be directed to the designated fee address, unless a change in correspondence address has been made.

Generally, notices, receipts, and other communications relating to the payment of a maintenance fee will be directed to the correspondence address used during the prosecution of the application, unless a “fee address” for the purpose of payment of the maintenance fee has been designated or a change in the correspondence address has been made (see MPEP § 2542). 37 CFR 1.33(d) allows a correspondence address or change thereto to be filed during the enforceable life of the patent. Patentees should ensure that the Office is properly notified of the proper “fee address” to which all maintenance fee communications are to be directed.

Jump to MPEP Source · 37 CFR 1.33(d)Correspondence Address RequirementsPost-Issuance & Maintenance FeesCorrespondence with the Office
StatutoryInformativeAlways
[mpep-2540-e6fdd6d6cd86ea37b5fdae77]
Change of Correspondence Address Allowed During Patent Life
Note:
Patentees can update their correspondence address at any time during the patent's enforceable life.

Generally, notices, receipts, and other communications relating to the payment of a maintenance fee will be directed to the correspondence address used during the prosecution of the application, unless a “fee address” for the purpose of payment of the maintenance fee has been designated or a change in the correspondence address has been made (see MPEP § 2542). 37 CFR 1.33(d) allows a correspondence address or change thereto to be filed during the enforceable life of the patent. Patentees should ensure that the Office is properly notified of the proper “fee address” to which all maintenance fee communications are to be directed.

Jump to MPEP Source · 37 CFR 1.33(d)Correspondence Address RequirementsCorrespondence with the OfficeCorrespondence Address
Topic

Post-Issuance & Maintenance Fees

3 rules
StatutoryRecommendedAlways
[mpep-2540-6d9ac21e14af0e0f757ae479]
Proper Fee Address Required for Maintenance Fees
Note:
Patentees must notify the Office of the correct address for maintenance fee communications.

Generally, notices, receipts, and other communications relating to the payment of a maintenance fee will be directed to the correspondence address used during the prosecution of the application, unless a “fee address” for the purpose of payment of the maintenance fee has been designated or a change in the correspondence address has been made (see MPEP § 2542). 37 CFR 1.33(d) allows a correspondence address or change thereto to be filed during the enforceable life of the patent. Patentees should ensure that the Office is properly notified of the proper “fee address” to which all maintenance fee communications are to be directed.

Jump to MPEP Source · 37 CFR 1.33(d)Post-Issuance & Maintenance FeesMaintenance Fee AmountsFee Requirements
StatutoryInformativeAlways
[mpep-2540-47ab3fcdbe6963519d8ed128]
Fee Address Forms Available Online and In Person
Note:
The current versions of the 'Fee Address' Indication Form (PTO/SB/47) are available for request from the Maintenance Fee Branch or the USPTO website.

The current version of the "Fee Address" Indication Form (PTO/SB/47) is available upon request from the Maintenance Fee Branch and from the USPTO website (www.uspto.gov). The Request for Customer Number (PTO/SB/125) is available upon request from the Electronic Business Center and from the USPTO website (www.uspto.gov). Requests for the establishment of a fee address should be submitted to the Maintenance Fee Branch prior to or at the time of payment of maintenance fees in order to ensure that receipt of payment is directed to the fee address.

Jump to MPEP Source · 37 CFR 1.363Post-Issuance & Maintenance FeesMaintenance Fee AmountsFee Requirements
StatutoryRecommendedAlways
[mpep-2540-e7290cca003ba639d90cb7be]
Fee Address Must Be Established Before Payment
Note:
Requests for the establishment of a fee address should be submitted to the Maintenance Fee Branch prior to or at the time of payment of maintenance fees.

The current version of the "Fee Address" Indication Form (PTO/SB/47) is available upon request from the Maintenance Fee Branch and from the USPTO website (www.uspto.gov). The Request for Customer Number (PTO/SB/125) is available upon request from the Electronic Business Center and from the USPTO website (www.uspto.gov). Requests for the establishment of a fee address should be submitted to the Maintenance Fee Branch prior to or at the time of payment of maintenance fees in order to ensure that receipt of payment is directed to the fee address.

Jump to MPEP Source · 37 CFR 1.363Post-Issuance & Maintenance FeesMaintenance Fee AmountsFee Requirements
Topic

Issue Fees

1 rules
StatutoryPermittedAlways
[mpep-2540-f5129a719d5da71a27d3cead]
Issue Fee Payment Requires Designating a Fee Address
Note:
Applicants must submit a 'Fee Address' Indication Form (PTO/SB/47) with the Issue Fee Transmittal (PTOL-85B) to designate a fee address for payment.

At the time of issue fee payment, applicants may designate a fee address by submitting a "Fee Address" Indication Form (PTO/SB/47) as an attachment to the Issue Fee Transmittal (PTOL-85B). After issue fee payment, applicants may designate a fee address by submitting a "Fee Address" Indication Form (PTO/SB/47), and if necessary, a Request for Customer Number (PTO/SB/125), to the address specified on the "Fee Address" Indication Form (PTO/SB/47).

Jump to MPEP Source · 37 CFR 1.363Issue FeesMaintenance Fee AmountsFee Requirements

Citations

Primary topicCitation
Correspondence Address Requirements37 CFR § 1.33(a)
Correspondence Address Requirements
Post-Issuance & Maintenance Fees
37 CFR § 1.33(d)
Customer Number Practice37 CFR § 1.363(c)
Correspondence Address Requirements
Post-Issuance & Maintenance Fees
MPEP § 2542
Customer Number PracticeMPEP § 403
Term Lapse for Maintenance FeeSee Rydeen v. Quigg, 748 F. Supp. 900, 16 USPQ2d 1876 (D.D.C. 1990)

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