How long do I have to pay the basic filing fee for a provisional application?

The basic filing fee for a provisional application must be paid either:

1. At the time of filing, or
2. Within the time period set forth in 37 CFR 1.53(g)

If no correspondence address is provided, the applicant has two months from the filing date to pay the basic filing fee, submit the cover sheet, and pay the surcharge. The MPEP states:

If no correspondence address has been provided, applicant has two months from the filing date to file the basic filing fee, cover sheet, and to pay the surcharge as set forth in 37 CFR 1.16(g) in order to avoid abandonment of the provisional application. (MPEP 601.01(b))

It’s important to note that timely payment of the filing fee is crucial if you intend to claim the benefit of the provisional application in a later-filed nonprovisional application.

To learn more:

• provisional application
• filing fee
• patent application process
• USPTO