MPEP § 2522 — Methods of Payment (Annotated Rules)

§2522 Methods of Payment

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

This page consolidates and annotates all enforceable requirements under MPEP § 2522, 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.

Methods of Payment

This section addresses Methods of Payment. Primary authority: 37 CFR 1.23, 37 CFR 1.23(a), and 37 CFR 1.23(b). Contains: 6 requirements, 1 prohibition, 2 guidance statements, 4 permissions, and 7 other statements.

Key Rules

Topic

Post-Issuance & Maintenance Fees

14 rules
StatutoryInformativeAlways
[mpep-2522-73004a1042154fa1389f6f40]
Method of Payment for Maintenance Fee Required
Note:
The maintenance fee and any necessary surcharge must be paid in U.S. dollars via specific forms such as cashier’s or certified checks.

The method of payment for the maintenance fee and any necessary surcharge is set forth in 37 CFR 1.23. The payment shall be made in U.S. dollars and in the form of a cashier’s or certified check, Treasury note, national bank notes, or United States Postal Service money order as provided in 37 CFR 1.23(a). If the maintenance fee and any necessary surcharge is sent in any other form, the Office may delay or cancel the credit until collection is made. For example, a personal or other uncertified check drawn on a U.S. bank that is not immediately negotiable, e.g., because it lacks a signature or due to insufficient funds, will not constitute payment of a maintenance fee and/or surcharge.

Jump to MPEP Source · 37 CFR 1.23Post-Issuance & Maintenance FeesFee Payment MethodsMaintenance Fee Amounts
StatutoryPermittedAlways
[mpep-2522-bc79ae7f41c23472b8ead082]
Payment Form Requirement for Maintenance Fees
Note:
The Office may delay or cancel credit until collection is made if maintenance fees and surcharges are sent in forms other than cashier’s checks, certified checks, Treasury notes, national bank notes, or U.S. Postal Service money orders.

The method of payment for the maintenance fee and any necessary surcharge is set forth in 37 CFR 1.23. The payment shall be made in U.S. dollars and in the form of a cashier’s or certified check, Treasury note, national bank notes, or United States Postal Service money order as provided in 37 CFR 1.23(a). If the maintenance fee and any necessary surcharge is sent in any other form, the Office may delay or cancel the credit until collection is made. For example, a personal or other uncertified check drawn on a U.S. bank that is not immediately negotiable, e.g., because it lacks a signature or due to insufficient funds, will not constitute payment of a maintenance fee and/or surcharge.

Jump to MPEP Source · 37 CFR 1.23Post-Issuance & Maintenance FeesIntervening Rights After ReinstatementMaintenance Fee Amounts
StatutoryInformativeAlways
[mpep-2522-25a12de658551b66934d66a4]
Personal Checks Not Acceptable for Fees
Note:
A personal or uncertified check drawn on a U.S. bank that is not immediately negotiable, such as due to missing signature or insufficient funds, cannot be used to pay maintenance fees and surcharges.

The method of payment for the maintenance fee and any necessary surcharge is set forth in 37 CFR 1.23. The payment shall be made in U.S. dollars and in the form of a cashier’s or certified check, Treasury note, national bank notes, or United States Postal Service money order as provided in 37 CFR 1.23(a). If the maintenance fee and any necessary surcharge is sent in any other form, the Office may delay or cancel the credit until collection is made. For example, a personal or other uncertified check drawn on a U.S. bank that is not immediately negotiable, e.g., because it lacks a signature or due to insufficient funds, will not constitute payment of a maintenance fee and/or surcharge.

Jump to MPEP Source · 37 CFR 1.23Post-Issuance & Maintenance FeesMaintenance Fee AmountsFee Requirements
StatutoryPermittedAlways
[mpep-2522-1752843d0c9bb809d2133253]
Credit Card Payment for Maintenance Fees
Note:
The maintenance fee can be charged to a credit card, but payment is credited only upon actual receipt by the Office.

The maintenance fee can be charged to a credit card as set forth in 37 CFR 1.23(b), but credit for the payment is subject to actual receipt of the fee by the Office. Credit Card Payment Form (PTO-2038) should be used for payment of fees by credit card unless the payment is submitted over the internet. If credit card information is provided on a form or document other than the form provided by the Office for the payment of fees by credit card, the Office will not be liable if the credit card number becomes public knowledge. See MPEP § 509.

Jump to MPEP Source · 37 CFR 1.23(b)Post-Issuance & Maintenance FeesFee Payment MethodsMaintenance Fee Amounts
StatutoryInformativeAlways
[mpep-2522-99ef04da499432cfbe2b41e7]
New Authorization Required for Subsequent Fees
Note:
If an authorization to charge a deposit account is submitted for the maintenance fee due at 3 years and 6 months, new authorizations must be provided for fees due at 7 years and 6 months and 11 years and 6 months.

37 CFR 1.366(b) provides that maintenance fees and any necessary surcharge may be paid by authorization to charge a deposit account established pursuant to 37 CFR 1.25. The authorization to charge the deposit account must be submitted within an appropriate window or grace period and must be limited to maintenance fees and surcharges payable on the date of submission. The authorization to charge the deposit account cannot be submitted prior to the third, seventh, or eleventh year after grant of the patent. If an authorization to charge a deposit account were submitted to pay the maintenance fee due at 3 years and 6 months after grant, a new authorization to charge a deposit account or other form of payment will have to be submitted at the appropriate time for each of the maintenance fees due at 7 years and 6 months and 11 years and 6 months. Any payment or authorization filed at any time other than that set forth in 37 CFR 1.362(d), (e), or (f) 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 pursuant to 37 CFR 1.378. See MPEP § 2590. A payment of less than the required amount, a payment in a manner other than that set forth in 37 CFR 1.23, or the filing of an authorization to charge a deposit account having insufficient funds, will not constitute payment of a maintenance fee on a patent. The authorization is required to permit the immediate charging of the maintenance fee to the deposit account. An authorization would be improper if it only authorized the maintenance fee to be charged at a later date, e.g., on the last possible day of payment without surcharge. Such an authorization would not serve as payment of the maintenance fee. Any payment which fails to result in the entire proper amount of the maintenance fee being present on the due date will not constitute payment of the maintenance fee.

Jump to MPEP Source · 37 CFR 1.366(b)Post-Issuance & Maintenance FeesFee Payment MethodsLate Payment Surcharge
StatutoryInformativeAlways
[mpep-2522-530755f8728f5cf8ea26007d]
Delayed Maintenance Fee Not Acceptable Except By Director’s Permission
Note:
This rule states that any payment of maintenance fees not made within the specified timeframes will not be accepted, unless specifically permitted by the Director.

37 CFR 1.366(b) provides that maintenance fees and any necessary surcharge may be paid by authorization to charge a deposit account established pursuant to 37 CFR 1.25. The authorization to charge the deposit account must be submitted within an appropriate window or grace period and must be limited to maintenance fees and surcharges payable on the date of submission. The authorization to charge the deposit account cannot be submitted prior to the third, seventh, or eleventh year after grant of the patent. If an authorization to charge a deposit account were submitted to pay the maintenance fee due at 3 years and 6 months after grant, a new authorization to charge a deposit account or other form of payment will have to be submitted at the appropriate time for each of the maintenance fees due at 7 years and 6 months and 11 years and 6 months. Any payment or authorization filed at any time other than that set forth in 37 CFR 1.362(d), (e), or (f) 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 pursuant to 37 CFR 1.378. See MPEP § 2590. A payment of less than the required amount, a payment in a manner other than that set forth in 37 CFR 1.23, or the filing of an authorization to charge a deposit account having insufficient funds, will not constitute payment of a maintenance fee on a patent. The authorization is required to permit the immediate charging of the maintenance fee to the deposit account. An authorization would be improper if it only authorized the maintenance fee to be charged at a later date, e.g., on the last possible day of payment without surcharge. Such an authorization would not serve as payment of the maintenance fee. Any payment which fails to result in the entire proper amount of the maintenance fee being present on the due date will not constitute payment of the maintenance fee.

Jump to MPEP Source · 37 CFR 1.366(b)Post-Issuance & Maintenance FeesMaintenance Fee AmountsFee Requirements
StatutoryRequiredAlways
[mpep-2522-baf2ee9458ef327772cc0a16]
Authorization for Immediate Charging of Maintenance Fee to Deposit Account Is Required
Note:
The rule requires submitting an authorization within a specific window to charge the maintenance fee directly from a deposit account established under 37 CFR 1.25.

37 CFR 1.366(b) provides that maintenance fees and any necessary surcharge may be paid by authorization to charge a deposit account established pursuant to 37 CFR 1.25. The authorization to charge the deposit account must be submitted within an appropriate window or grace period and must be limited to maintenance fees and surcharges payable on the date of submission. The authorization to charge the deposit account cannot be submitted prior to the third, seventh, or eleventh year after grant of the patent. If an authorization to charge a deposit account were submitted to pay the maintenance fee due at 3 years and 6 months after grant, a new authorization to charge a deposit account or other form of payment will have to be submitted at the appropriate time for each of the maintenance fees due at 7 years and 6 months and 11 years and 6 months. Any payment or authorization filed at any time other than that set forth in 37 CFR 1.362(d), (e), or (f) 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 pursuant to 37 CFR 1.378. See MPEP § 2590. A payment of less than the required amount, a payment in a manner other than that set forth in 37 CFR 1.23, or the filing of an authorization to charge a deposit account having insufficient funds, will not constitute payment of a maintenance fee on a patent. The authorization is required to permit the immediate charging of the maintenance fee to the deposit account. An authorization would be improper if it only authorized the maintenance fee to be charged at a later date, e.g., on the last possible day of payment without surcharge. Such an authorization would not serve as payment of the maintenance fee. Any payment which fails to result in the entire proper amount of the maintenance fee being present on the due date will not constitute payment of the maintenance fee.

Jump to MPEP Source · 37 CFR 1.366(b)Post-Issuance & Maintenance FeesFee Payment MethodsMaintenance Fee Amounts
StatutoryInformativeAlways
[mpep-2522-cc3ecc5092ef8958eab6d06d]
Authorization Must Permit Immediate Charge
Note:
An authorization must permit the immediate charging of maintenance fees to a deposit account; it cannot authorize charges at a later date without surcharge.

37 CFR 1.366(b) provides that maintenance fees and any necessary surcharge may be paid by authorization to charge a deposit account established pursuant to 37 CFR 1.25. The authorization to charge the deposit account must be submitted within an appropriate window or grace period and must be limited to maintenance fees and surcharges payable on the date of submission. The authorization to charge the deposit account cannot be submitted prior to the third, seventh, or eleventh year after grant of the patent. If an authorization to charge a deposit account were submitted to pay the maintenance fee due at 3 years and 6 months after grant, a new authorization to charge a deposit account or other form of payment will have to be submitted at the appropriate time for each of the maintenance fees due at 7 years and 6 months and 11 years and 6 months. Any payment or authorization filed at any time other than that set forth in 37 CFR 1.362(d), (e), or (f) 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 pursuant to 37 CFR 1.378. See MPEP § 2590. A payment of less than the required amount, a payment in a manner other than that set forth in 37 CFR 1.23, or the filing of an authorization to charge a deposit account having insufficient funds, will not constitute payment of a maintenance fee on a patent. The authorization is required to permit the immediate charging of the maintenance fee to the deposit account. An authorization would be improper if it only authorized the maintenance fee to be charged at a later date, e.g., on the last possible day of payment without surcharge. Such an authorization would not serve as payment of the maintenance fee. Any payment which fails to result in the entire proper amount of the maintenance fee being present on the due date will not constitute payment of the maintenance fee.

Jump to MPEP Source · 37 CFR 1.366(b)Post-Issuance & Maintenance FeesLate Payment SurchargeMaintenance Fee Amounts
StatutoryInformativeAlways
[mpep-2522-a65936a74fde0d6d90b796cc]
Authorization Cannot Serve as Payment for Maintenance Fee
Note:
An authorization to charge a deposit account cannot be used as payment for the maintenance fee; it must be submitted within specific windows and permit immediate charging of fees.

37 CFR 1.366(b) provides that maintenance fees and any necessary surcharge may be paid by authorization to charge a deposit account established pursuant to 37 CFR 1.25. The authorization to charge the deposit account must be submitted within an appropriate window or grace period and must be limited to maintenance fees and surcharges payable on the date of submission. The authorization to charge the deposit account cannot be submitted prior to the third, seventh, or eleventh year after grant of the patent. If an authorization to charge a deposit account were submitted to pay the maintenance fee due at 3 years and 6 months after grant, a new authorization to charge a deposit account or other form of payment will have to be submitted at the appropriate time for each of the maintenance fees due at 7 years and 6 months and 11 years and 6 months. Any payment or authorization filed at any time other than that set forth in 37 CFR 1.362(d), (e), or (f) 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 pursuant to 37 CFR 1.378. See MPEP § 2590. A payment of less than the required amount, a payment in a manner other than that set forth in 37 CFR 1.23, or the filing of an authorization to charge a deposit account having insufficient funds, will not constitute payment of a maintenance fee on a patent. The authorization is required to permit the immediate charging of the maintenance fee to the deposit account. An authorization would be improper if it only authorized the maintenance fee to be charged at a later date, e.g., on the last possible day of payment without surcharge. Such an authorization would not serve as payment of the maintenance fee. Any payment which fails to result in the entire proper amount of the maintenance fee being present on the due date will not constitute payment of the maintenance fee.

Jump to MPEP Source · 37 CFR 1.366(b)Post-Issuance & Maintenance FeesMaintenance Fee AmountsFee Requirements
StatutoryRequiredAlways
[mpep-2522-6b15148ef22f9ed6fed7e910]
Separate Payment for Maintenance Fees Required
Note:
Maintenance fee payments and surcharges must be submitted separately from other fees, even if using authorized deposit account charging.

Maintenance fee payments and any surcharges relating thereto must be submitted separately from any other payments for fees or charges, whether submitted in the manner set forth in 37 CFR 1.23 or by authorization to charge a deposit account. See 37 CFR 1.366(e). Maintenance fee payments and surcharge payments relating thereto that are commingled with payments for other fees or charges, e.g., application filing fees, issue fees, document supply fees, etc., will not be accepted. Maintenance fees require processing by a separate area of the Office and are not processed in the same manner as other fees and charges. Maintenance fees for a number of patents can be submitted together in one submission and one payment. 37 CFR 1.366(e) specifies that if maintenance fee payments for more than one patent are submitted together, they should be submitted on as few sheets as possible, listing the patent numbers in increasing patent number order. If the payment submitted is insufficient to cover the maintenance fees and any surcharges for all the listed patents, the payment will be applied in the order the patents are listed. In such a circumstance the maintenance fee and any surcharge for one or more of the last listed patents will not be paid.

Jump to MPEP Source · 37 CFR 1.23Post-Issuance & Maintenance FeesFee Payment MethodsMaintenance Fee Amounts
StatutoryInformativeAlways
[mpep-2522-d06275c4ddf6694a1b05e279]
Separate Payment Required for Maintenance Fees and Other Charges
Note:
Maintainence fee payments must be submitted separately from other fees like application filing fees.

Maintenance fee payments and any surcharges relating thereto must be submitted separately from any other payments for fees or charges, whether submitted in the manner set forth in 37 CFR 1.23 or by authorization to charge a deposit account. See 37 CFR 1.366(e). Maintenance fee payments and surcharge payments relating thereto that are commingled with payments for other fees or charges, e.g., application filing fees, issue fees, document supply fees, etc., will not be accepted. Maintenance fees require processing by a separate area of the Office and are not processed in the same manner as other fees and charges. Maintenance fees for a number of patents can be submitted together in one submission and one payment. 37 CFR 1.366(e) specifies that if maintenance fee payments for more than one patent are submitted together, they should be submitted on as few sheets as possible, listing the patent numbers in increasing patent number order. If the payment submitted is insufficient to cover the maintenance fees and any surcharges for all the listed patents, the payment will be applied in the order the patents are listed. In such a circumstance the maintenance fee and any surcharge for one or more of the last listed patents will not be paid.

Jump to MPEP Source · 37 CFR 1.23Post-Issuance & Maintenance FeesMaintenance Fee AmountsFee Requirements
StatutoryInformativeAlways
[mpep-2522-e32de69d589e0a4f8ffddb1c]
Maintenance Fee Payments Must Be Submitted Separately
Note:
Maintenance fee payments and surcharges must be submitted separately from other fees and charges.

Maintenance fee payments and any surcharges relating thereto must be submitted separately from any other payments for fees or charges, whether submitted in the manner set forth in 37 CFR 1.23 or by authorization to charge a deposit account. See 37 CFR 1.366(e). Maintenance fee payments and surcharge payments relating thereto that are commingled with payments for other fees or charges, e.g., application filing fees, issue fees, document supply fees, etc., will not be accepted. Maintenance fees require processing by a separate area of the Office and are not processed in the same manner as other fees and charges. Maintenance fees for a number of patents can be submitted together in one submission and one payment. 37 CFR 1.366(e) specifies that if maintenance fee payments for more than one patent are submitted together, they should be submitted on as few sheets as possible, listing the patent numbers in increasing patent number order. If the payment submitted is insufficient to cover the maintenance fees and any surcharges for all the listed patents, the payment will be applied in the order the patents are listed. In such a circumstance the maintenance fee and any surcharge for one or more of the last listed patents will not be paid.

Jump to MPEP Source · 37 CFR 1.23Post-Issuance & Maintenance FeesFee Payment MethodsMaintenance Fee Amounts
StatutoryRecommendedAlways
[mpep-2522-145edae0a117848fa320baef]
Maintenance Fee Payments for Multiple Patents Must Be on Few Sheets
Note:
If submitting maintenance fee payments for more than one patent together, list the patents in increasing order and use as few sheets as possible.

Maintenance fee payments and any surcharges relating thereto must be submitted separately from any other payments for fees or charges, whether submitted in the manner set forth in 37 CFR 1.23 or by authorization to charge a deposit account. See 37 CFR 1.366(e). Maintenance fee payments and surcharge payments relating thereto that are commingled with payments for other fees or charges, e.g., application filing fees, issue fees, document supply fees, etc., will not be accepted. Maintenance fees require processing by a separate area of the Office and are not processed in the same manner as other fees and charges. Maintenance fees for a number of patents can be submitted together in one submission and one payment. 37 CFR 1.366(e) specifies that if maintenance fee payments for more than one patent are submitted together, they should be submitted on as few sheets as possible, listing the patent numbers in increasing patent number order. If the payment submitted is insufficient to cover the maintenance fees and any surcharges for all the listed patents, the payment will be applied in the order the patents are listed. In such a circumstance the maintenance fee and any surcharge for one or more of the last listed patents will not be paid.

Jump to MPEP Source · 37 CFR 1.23Post-Issuance & Maintenance FeesMaintenance Fee AmountsFee Requirements
StatutoryInformativeAlways
[mpep-2522-719945b889376100be15719f]
Maintenance Fees for Last Listed Patents Not Paid If Insufficient Funds
Note:
If the payment submitted is insufficient to cover maintenance fees and any surcharges for all listed patents, the fees for one or more of the last listed patents will not be paid.

Maintenance fee payments and any surcharges relating thereto must be submitted separately from any other payments for fees or charges, whether submitted in the manner set forth in 37 CFR 1.23 or by authorization to charge a deposit account. See 37 CFR 1.366(e). Maintenance fee payments and surcharge payments relating thereto that are commingled with payments for other fees or charges, e.g., application filing fees, issue fees, document supply fees, etc., will not be accepted. Maintenance fees require processing by a separate area of the Office and are not processed in the same manner as other fees and charges. Maintenance fees for a number of patents can be submitted together in one submission and one payment. 37 CFR 1.366(e) specifies that if maintenance fee payments for more than one patent are submitted together, they should be submitted on as few sheets as possible, listing the patent numbers in increasing patent number order. If the payment submitted is insufficient to cover the maintenance fees and any surcharges for all the listed patents, the payment will be applied in the order the patents are listed. In such a circumstance the maintenance fee and any surcharge for one or more of the last listed patents will not be paid.

Jump to MPEP Source · 37 CFR 1.23Post-Issuance & Maintenance FeesMaintenance Fee AmountsFee Requirements
Topic

Fee Payment Methods

6 rules
StatutoryRequiredAlways
[mpep-2522-eb4229a0b984af36f649427d]
Payment Must Be In U.S. Dollars
Note:
The payment for maintenance fees and surcharges must be made in U.S. dollars using specific forms such as cashier’s or certified checks, Treasury notes, national bank notes, or United States Postal Service money orders.

The method of payment for the maintenance fee and any necessary surcharge is set forth in 37 CFR 1.23. The payment shall be made in U.S. dollars and in the form of a cashier’s or certified check, Treasury note, national bank notes, or United States Postal Service money order as provided in 37 CFR 1.23(a). If the maintenance fee and any necessary surcharge is sent in any other form, the Office may delay or cancel the credit until collection is made. For example, a personal or other uncertified check drawn on a U.S. bank that is not immediately negotiable, e.g., because it lacks a signature or due to insufficient funds, will not constitute payment of a maintenance fee and/or surcharge.

Jump to MPEP Source · 37 CFR 1.23Fee Payment MethodsIntervening Rights After ReinstatementPayment Methods
StatutoryRecommendedAlways
[mpep-2522-a854e63f7250ce5813360bbc]
Credit Card Payment Form Required for Fee Payments
Note:
The Credit Card Payment Form (PTO-2038) must be used for fee payments by credit card unless the payment is submitted over the internet.

The maintenance fee can be charged to a credit card as set forth in 37 CFR 1.23(b), but credit for the payment is subject to actual receipt of the fee by the Office. Credit Card Payment Form (PTO-2038) should be used for payment of fees by credit card unless the payment is submitted over the internet. If credit card information is provided on a form or document other than the form provided by the Office for the payment of fees by credit card, the Office will not be liable if the credit card number becomes public knowledge. See MPEP § 509.

Jump to MPEP Source · 37 CFR 1.23(b)Fee Payment MethodsPayment MethodsFee Requirements
StatutoryInformativeAlways
[mpep-2522-f53954ce3b6f7e9d1a40d1e1]
Credit Card Information on Non-Official Forms Not Protected
Note:
The Office will not be liable if a credit card number becomes public knowledge when provided on forms other than the official Credit Card Payment Form (PTO-2038).

The maintenance fee can be charged to a credit card as set forth in 37 CFR 1.23(b), but credit for the payment is subject to actual receipt of the fee by the Office. Credit Card Payment Form (PTO-2038) should be used for payment of fees by credit card unless the payment is submitted over the internet. If credit card information is provided on a form or document other than the form provided by the Office for the payment of fees by credit card, the Office will not be liable if the credit card number becomes public knowledge. See MPEP § 509.

Jump to MPEP Source · 37 CFR 1.23(b)Fee Payment MethodsPayment MethodsFee Requirements
StatutoryPermittedAlways
[mpep-2522-97f35dd20a44d46cb696a732]
Authorization to Charge Deposit Account for Maintenance Fees
Note:
This rule permits paying maintenance fees and surcharges by authorizing the charging of a deposit account established under 37 CFR 1.25, with specific timing requirements.

37 CFR 1.366(b) provides that maintenance fees and any necessary surcharge may be paid by authorization to charge a deposit account established pursuant to 37 CFR 1.25. The authorization to charge the deposit account must be submitted within an appropriate window or grace period and must be limited to maintenance fees and surcharges payable on the date of submission. The authorization to charge the deposit account cannot be submitted prior to the third, seventh, or eleventh year after grant of the patent. If an authorization to charge a deposit account were submitted to pay the maintenance fee due at 3 years and 6 months after grant, a new authorization to charge a deposit account or other form of payment will have to be submitted at the appropriate time for each of the maintenance fees due at 7 years and 6 months and 11 years and 6 months. Any payment or authorization filed at any time other than that set forth in 37 CFR 1.362(d), (e), or (f) 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 pursuant to 37 CFR 1.378. See MPEP § 2590. A payment of less than the required amount, a payment in a manner other than that set forth in 37 CFR 1.23, or the filing of an authorization to charge a deposit account having insufficient funds, will not constitute payment of a maintenance fee on a patent. The authorization is required to permit the immediate charging of the maintenance fee to the deposit account. An authorization would be improper if it only authorized the maintenance fee to be charged at a later date, e.g., on the last possible day of payment without surcharge. Such an authorization would not serve as payment of the maintenance fee. Any payment which fails to result in the entire proper amount of the maintenance fee being present on the due date will not constitute payment of the maintenance fee.

Jump to MPEP Source · 37 CFR 1.366(b)Fee Payment MethodsLate Payment SurchargePayment Methods
StatutoryProhibitedAlways
[mpep-2522-cadeb3eb8faf3f9c095c0649]
Authorization for Deposit Account Payment Cannot Be Submitted Early
Note:
Patent maintenance fee authorizations to charge a deposit account cannot be submitted before the third, seventh, or eleventh year after grant.

37 CFR 1.366(b) provides that maintenance fees and any necessary surcharge may be paid by authorization to charge a deposit account established pursuant to 37 CFR 1.25. The authorization to charge the deposit account must be submitted within an appropriate window or grace period and must be limited to maintenance fees and surcharges payable on the date of submission. The authorization to charge the deposit account cannot be submitted prior to the third, seventh, or eleventh year after grant of the patent. If an authorization to charge a deposit account were submitted to pay the maintenance fee due at 3 years and 6 months after grant, a new authorization to charge a deposit account or other form of payment will have to be submitted at the appropriate time for each of the maintenance fees due at 7 years and 6 months and 11 years and 6 months. Any payment or authorization filed at any time other than that set forth in 37 CFR 1.362(d), (e), or (f) 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 pursuant to 37 CFR 1.378. See MPEP § 2590. A payment of less than the required amount, a payment in a manner other than that set forth in 37 CFR 1.23, or the filing of an authorization to charge a deposit account having insufficient funds, will not constitute payment of a maintenance fee on a patent. The authorization is required to permit the immediate charging of the maintenance fee to the deposit account. An authorization would be improper if it only authorized the maintenance fee to be charged at a later date, e.g., on the last possible day of payment without surcharge. Such an authorization would not serve as payment of the maintenance fee. Any payment which fails to result in the entire proper amount of the maintenance fee being present on the due date will not constitute payment of the maintenance fee.

Jump to MPEP Source · 37 CFR 1.366(b)Fee Payment MethodsPayment MethodsGrace Period Window
StatutoryInformativeAlways
[mpep-2522-a826d13bf0adefed21dcb519]
Checks Must Be Payable to Director of USPTO
Note:
Checks for fee payments must be made payable to the Director of the United States Patent and Trademark Office, though checks payable to the Commissioner will still be accepted.

Money orders and checks must be made payable to the Director of the United States Patent and Trademark Office. (Checks made payable to the Commissioner of Patents and Trademarks will continue to be accepted. See 37 CFR 1.23(a)). Remittances from foreign countries must be payable and immediately negotiable in the United States for the full amount required.

Jump to MPEP Source · 37 CFR 1.23(a))Fee Payment MethodsPayment MethodsFee Requirements
Topic

Surcharge Fee Amount

3 rules
StatutoryRequiredAlways
[mpep-2522-1bbcdeb3ed6ae456ca0c3a7f]
Remittance Must Be Payable and Negotiable in US for Full Fee
Note:
Any payment from a foreign country must be immediately payable and negotiable in the United States for the full amount of any required maintenance fee or surcharge.

Any remittance from a foreign country must be payable and immediately negotiable in the United States for the full amount of the maintenance fee and/or surcharge required.

Jump to MPEP SourceSurcharge Fee AmountPost-Issuance & Maintenance FeesLate Payment Surcharge
StatutoryRequiredAlways
[mpep-2522-87ff0b8f2a5adea10c740b59]
Authorization to Charge Deposit Account Must Have Proper Funds
Note:
A payment of less than the required amount, an improper method of payment, or an authorization with insufficient funds will not constitute payment of a maintenance fee on a patent.

37 CFR 1.366(b) provides that maintenance fees and any necessary surcharge may be paid by authorization to charge a deposit account established pursuant to 37 CFR 1.25. The authorization to charge the deposit account must be submitted within an appropriate window or grace period and must be limited to maintenance fees and surcharges payable on the date of submission. The authorization to charge the deposit account cannot be submitted prior to the third, seventh, or eleventh year after grant of the patent. If an authorization to charge a deposit account were submitted to pay the maintenance fee due at 3 years and 6 months after grant, a new authorization to charge a deposit account or other form of payment will have to be submitted at the appropriate time for each of the maintenance fees due at 7 years and 6 months and 11 years and 6 months. Any payment or authorization filed at any time other than that set forth in 37 CFR 1.362(d), (e), or (f) 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 pursuant to 37 CFR 1.378. See MPEP § 2590. A payment of less than the required amount, a payment in a manner other than that set forth in 37 CFR 1.23, or the filing of an authorization to charge a deposit account having insufficient funds, will not constitute payment of a maintenance fee on a patent. The authorization is required to permit the immediate charging of the maintenance fee to the deposit account. An authorization would be improper if it only authorized the maintenance fee to be charged at a later date, e.g., on the last possible day of payment without surcharge. Such an authorization would not serve as payment of the maintenance fee. Any payment which fails to result in the entire proper amount of the maintenance fee being present on the due date will not constitute payment of the maintenance fee.

Jump to MPEP Source · 37 CFR 1.366(b)Surcharge Fee AmountPost-Issuance & Maintenance FeesFee Payment Methods
StatutoryInformativeAlways
[mpep-2522-b8fe1bed2455ac0ae8e25b12]
Partial Payment Not Constitutes Fee
Note:
A payment that does not cover the entire required maintenance fee amount by the due date will not be considered a valid payment of the fee.

37 CFR 1.366(b) provides that maintenance fees and any necessary surcharge may be paid by authorization to charge a deposit account established pursuant to 37 CFR 1.25. The authorization to charge the deposit account must be submitted within an appropriate window or grace period and must be limited to maintenance fees and surcharges payable on the date of submission. The authorization to charge the deposit account cannot be submitted prior to the third, seventh, or eleventh year after grant of the patent. If an authorization to charge a deposit account were submitted to pay the maintenance fee due at 3 years and 6 months after grant, a new authorization to charge a deposit account or other form of payment will have to be submitted at the appropriate time for each of the maintenance fees due at 7 years and 6 months and 11 years and 6 months. Any payment or authorization filed at any time other than that set forth in 37 CFR 1.362(d), (e), or (f) 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 pursuant to 37 CFR 1.378. See MPEP § 2590. A payment of less than the required amount, a payment in a manner other than that set forth in 37 CFR 1.23, or the filing of an authorization to charge a deposit account having insufficient funds, will not constitute payment of a maintenance fee on a patent. The authorization is required to permit the immediate charging of the maintenance fee to the deposit account. An authorization would be improper if it only authorized the maintenance fee to be charged at a later date, e.g., on the last possible day of payment without surcharge. Such an authorization would not serve as payment of the maintenance fee. Any payment which fails to result in the entire proper amount of the maintenance fee being present on the due date will not constitute payment of the maintenance fee.

Jump to MPEP Source · 37 CFR 1.366(b)Surcharge Fee AmountPost-Issuance & Maintenance FeesMaintenance Fee Amounts
Topic

Fee Requirements

3 rules
StatutoryPermittedAlways
[mpep-2522-fcd9e2c75f872f06c85df3dc]
Maintenance Fees Can Be Submitted Together
Note:
Patent maintenance fees for multiple patents can be submitted and paid in a single submission.

Maintenance fee payments and any surcharges relating thereto must be submitted separately from any other payments for fees or charges, whether submitted in the manner set forth in 37 CFR 1.23 or by authorization to charge a deposit account. See 37 CFR 1.366(e). Maintenance fee payments and surcharge payments relating thereto that are commingled with payments for other fees or charges, e.g., application filing fees, issue fees, document supply fees, etc., will not be accepted. Maintenance fees require processing by a separate area of the Office and are not processed in the same manner as other fees and charges. Maintenance fees for a number of patents can be submitted together in one submission and one payment. 37 CFR 1.366(e) specifies that if maintenance fee payments for more than one patent are submitted together, they should be submitted on as few sheets as possible, listing the patent numbers in increasing patent number order. If the payment submitted is insufficient to cover the maintenance fees and any surcharges for all the listed patents, the payment will be applied in the order the patents are listed. In such a circumstance the maintenance fee and any surcharge for one or more of the last listed patents will not be paid.

Jump to MPEP Source · 37 CFR 1.23Fee RequirementsMaintenance Fee PaymentPost-Issuance & Maintenance Fees
StatutoryInformativeAlways
[mpep-2522-1f391332d8ecb6aea74eab41]
Maintenance Fee Payment Applied Per Listed Order
Note:
If the payment is insufficient, it will be applied to patents in the order they are listed.

Maintenance fee payments and any surcharges relating thereto must be submitted separately from any other payments for fees or charges, whether submitted in the manner set forth in 37 CFR 1.23 or by authorization to charge a deposit account. See 37 CFR 1.366(e). Maintenance fee payments and surcharge payments relating thereto that are commingled with payments for other fees or charges, e.g., application filing fees, issue fees, document supply fees, etc., will not be accepted. Maintenance fees require processing by a separate area of the Office and are not processed in the same manner as other fees and charges. Maintenance fees for a number of patents can be submitted together in one submission and one payment. 37 CFR 1.366(e) specifies that if maintenance fee payments for more than one patent are submitted together, they should be submitted on as few sheets as possible, listing the patent numbers in increasing patent number order. If the payment submitted is insufficient to cover the maintenance fees and any surcharges for all the listed patents, the payment will be applied in the order the patents are listed. In such a circumstance the maintenance fee and any surcharge for one or more of the last listed patents will not be paid.

Jump to MPEP Source · 37 CFR 1.23Fee RequirementsMaintenance Fee PaymentPost-Issuance & Maintenance Fees
StatutoryRequiredAlways
[mpep-2522-43509c97804f73fd3c5d01dd]
Money Orders and Checks Must Be Payable to Patent Office Director
Note:
Remittances must be made payable to the Director of the United States Patent and Trademark Office, with checks from foreign countries needing to be immediately negotiable in the U.S.

Money orders and checks must be made payable to the Director of the United States Patent and Trademark Office. (Checks made payable to the Commissioner of Patents and Trademarks will continue to be accepted. See 37 CFR 1.23(a)). Remittances from foreign countries must be payable and immediately negotiable in the United States for the full amount required.

Jump to MPEP Source · 37 CFR 1.23(a))Fee RequirementsMaintenance Fee PaymentFee Payment Methods
Topic

Grace Period Window

1 rules
StatutoryRequiredAlways
[mpep-2522-e66e991ab934ddfa73a07be6]
Authorization for Deposit Account Must Be Submitted Within Grace Period
Note:
The authorization to charge the deposit account must be submitted within an appropriate window and limited to maintenance fees and surcharges due on the date of submission.

37 CFR 1.366(b) provides that maintenance fees and any necessary surcharge may be paid by authorization to charge a deposit account established pursuant to 37 CFR 1.25. The authorization to charge the deposit account must be submitted within an appropriate window or grace period and must be limited to maintenance fees and surcharges payable on the date of submission. The authorization to charge the deposit account cannot be submitted prior to the third, seventh, or eleventh year after grant of the patent. If an authorization to charge a deposit account were submitted to pay the maintenance fee due at 3 years and 6 months after grant, a new authorization to charge a deposit account or other form of payment will have to be submitted at the appropriate time for each of the maintenance fees due at 7 years and 6 months and 11 years and 6 months. Any payment or authorization filed at any time other than that set forth in 37 CFR 1.362(d), (e), or (f) 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 pursuant to 37 CFR 1.378. See MPEP § 2590. A payment of less than the required amount, a payment in a manner other than that set forth in 37 CFR 1.23, or the filing of an authorization to charge a deposit account having insufficient funds, will not constitute payment of a maintenance fee on a patent. The authorization is required to permit the immediate charging of the maintenance fee to the deposit account. An authorization would be improper if it only authorized the maintenance fee to be charged at a later date, e.g., on the last possible day of payment without surcharge. Such an authorization would not serve as payment of the maintenance fee. Any payment which fails to result in the entire proper amount of the maintenance fee being present on the due date will not constitute payment of the maintenance fee.

Jump to MPEP Source · 37 CFR 1.366(b)Grace Period WindowFee Payment MethodsLate Payment Surcharge
Topic

Maintenance Fee Amounts

1 rules
StatutoryRequiredAlways
[mpep-2522-a3a3ef6a5f069323c33b1a1b]
Remittances Must Be Payable and Negotiable in US
Note:
Remittances from foreign countries must be payable and immediately negotiable in the United States for the full amount required.

Money orders and checks must be made payable to the Director of the United States Patent and Trademark Office. (Checks made payable to the Commissioner of Patents and Trademarks will continue to be accepted. See 37 CFR 1.23(a)). Remittances from foreign countries must be payable and immediately negotiable in the United States for the full amount required.

Jump to MPEP Source · 37 CFR 1.23(a))Maintenance Fee AmountsFee RequirementsMaintenance Fee Payment

Citations

Primary topicCitation
Fee Payment Methods
Fee Requirements
Grace Period Window
Post-Issuance & Maintenance Fees
Surcharge Fee Amount
37 CFR § 1.23
Fee Payment Methods
Fee Requirements
Maintenance Fee Amounts
Post-Issuance & Maintenance Fees
37 CFR § 1.23(a)
Fee Payment Methods
Post-Issuance & Maintenance Fees
37 CFR § 1.23(b)
Fee Payment Methods
Grace Period Window
Post-Issuance & Maintenance Fees
Surcharge Fee Amount
37 CFR § 1.25
Fee Payment Methods
Grace Period Window
Post-Issuance & Maintenance Fees
Surcharge Fee Amount
37 CFR § 1.362(d)
Fee Payment Methods
Grace Period Window
Post-Issuance & Maintenance Fees
Surcharge Fee Amount
37 CFR § 1.366(b)
Fee Requirements
Post-Issuance & Maintenance Fees
37 CFR § 1.366(e)
Fee Payment Methods
Grace Period Window
Post-Issuance & Maintenance Fees
Surcharge Fee Amount
37 CFR § 1.378
Fee Payment Methods
Grace Period Window
Post-Issuance & Maintenance Fees
Surcharge Fee Amount
MPEP § 2590
Fee Payment Methods
Post-Issuance & Maintenance Fees
MPEP § 509

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