MPEP § 2531 — Payment Late or Insufficient (Annotated Rules)
§2531 Payment Late or Insufficient
This page consolidates and annotates all enforceable requirements under MPEP § 2531, 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.
Payment Late or Insufficient
This section addresses Payment Late or Insufficient. Primary authority: 35 U.S.C. 2590, 37 CFR 1.362(e), and 37 CFR 1.377. Contains: 3 requirements and 1 other statement.
Key Rules
Term Lapse for Maintenance Fee
If the Office considers a payment to be late or insufficient, a notice (e.g., a Notice of Non-Acceptance of Patent Maintenance Fee (PTO-2142)) will be sent to the "fee submitter." Reply to the notice is required prior to expiration of the grace period provided by 37 CFR 1.362(e) in order to avoid the expiration of the patent. If a reply is not received prior to expiration of the patent, then an appropriate petition under 37 CFR 1.377 or 37 CFR 1.378 is required. See MPEP § 2580 and § 2590.
Grace Period Window
If the Office considers a payment to be late or insufficient, a notice (e.g., a Notice of Non-Acceptance of Patent Maintenance Fee (PTO-2142)) will be sent to the "fee submitter." Reply to the notice is required prior to expiration of the grace period provided by 37 CFR 1.362(e) in order to avoid the expiration of the patent. If a reply is not received prior to expiration of the patent, then an appropriate petition under 37 CFR 1.377 or 37 CFR 1.378 is required. See MPEP § 2580 and § 2590.
Petition to Reinstate
If the Office considers a payment to be late or insufficient, a notice (e.g., a Notice of Non-Acceptance of Patent Maintenance Fee (PTO-2142)) will be sent to the "fee submitter." Reply to the notice is required prior to expiration of the grace period provided by 37 CFR 1.362(e) in order to avoid the expiration of the patent. If a reply is not received prior to expiration of the patent, then an appropriate petition under 37 CFR 1.377 or 37 CFR 1.378 is required. See MPEP § 2580 and § 2590.
Post-Issuance & Maintenance Fees
If a payment is deemed insufficient because the payment was submitted in a discounted amount but entitlement to the entity status (small or micro) corresponding to the discounted amount was not established, an Underpayment Notice or Non-Acceptance Notice will be mailed to the fee submitter. See MPEP § 2550 for information on establishing or changing an entity status for the purpose of paying a maintenance fee.
Maintenance Fee Payment
Examples of when a payment of maintenance fees and any necessary surcharges will be considered to be late or insufficient include instances when:
- (A) Though a payment was received, additional funds are required due to surcharge or fee increase;
- (B) Though a payment was received in an amount for small entity, the patented file records do not indicate that an assertion of small entity status was received; or
- (C) The payment was received after the patent expired.
Fee Requirements
Examples of when a payment of maintenance fees and any necessary surcharges will be considered to be late or insufficient include instances when:
…
(C) The payment was received after the patent expired.
Citations
| Primary topic | Citation |
|---|---|
| Grace Period Window Petition to Reinstate Term Lapse for Maintenance Fee | 35 U.S.C. § 2590 |
| Grace Period Window Petition to Reinstate Term Lapse for Maintenance Fee | 37 CFR § 1.362(e) |
| Grace Period Window Petition to Reinstate Term Lapse for Maintenance Fee | 37 CFR § 1.377 |
| Grace Period Window Petition to Reinstate Term Lapse for Maintenance Fee | 37 CFR § 1.378 |
| Post-Issuance & Maintenance Fees | MPEP § 2550 |
| Grace Period Window Petition to Reinstate Term Lapse for Maintenance Fee | MPEP § 2580 |
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.
Official MPEP § 2531 — Payment Late or Insufficient
Source: USPTO2531 Payment Late or Insufficient [R-07.2015]
Examples of when a payment of maintenance fees and any necessary surcharges will be considered to be late or insufficient include instances when:
- (A) Though a payment was received, additional funds are required due to surcharge or fee increase;
- (B) Though a payment was received in an amount for small entity, the patented file records do not indicate that an assertion of small entity status was received; or
- (C) The payment was received after the patent expired.
If the Office considers a payment to be late or insufficient, a notice (e.g., a Notice of Non-Acceptance of Patent Maintenance Fee (PTO-2142)) will be sent to the “fee submitter.” Reply to the notice is required prior to expiration of the grace period provided by 37 CFR 1.362(e) in order to avoid the expiration of the patent. If a reply is not received prior to expiration of the patent, then an appropriate petition under 37 CFR 1.377 or 37 CFR 1.378 is required. See MPEP § 2580 and § 2590.
If a payment is deemed insufficient because the payment was submitted in a discounted amount but entitlement to the entity status (small or micro) corresponding to the discounted amount was not established, an Underpayment Notice or Non-Acceptance Notice will be mailed to the fee submitter. See MPEP § 2550 for information on establishing or changing an entity status for the purpose of paying a maintenance fee.