MPEP § 509.01 — Deposit Accounts (Annotated Rules)

§509.01 Deposit Accounts

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

This page consolidates and annotates all enforceable requirements under MPEP § 509.01, 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.

Deposit Accounts

This section addresses Deposit Accounts. Primary authority: 37 CFR 1.25, 37 CFR 1.21(b)(1)), and 37 CFR 1.21(b)(1). Contains: 7 requirements, 1 prohibition, 8 permissions, and 5 other statements.

Key Rules

Topic

Fee Payment Methods

17 rules
StatutoryRequiredAlways
[mpep-509-01-a5c6aa209b3dbf2c27280048]
Minimum Deposit Required for Fee Payment and Service Orders
Note:
A minimum deposit of $1,000 is required to pay fees or order services, while a $300 deposit is needed for restricted subscription accounts.

(a) For the convenience of attorneys, and the general public in paying any fees due, in ordering services offered by the Office, copies of records, etc., deposit accounts may be established in the Patent and Trademark Office upon payment of the fee for establishing a deposit account § 1.21(b)(1). A minimum deposit of $1,000 is required for paying any fee due or in ordering any services offered by the Office. However, a minimum deposit of $300 may be paid to establish a restricted subscription deposit account used exclusively for subscription order of patent copies as issued. At the end of each month, a deposit account statement will be rendered. A remittance must be made promptly upon receipt of the statement to cover the value of items or services charged to the account and thus restore the account to its established normal deposit value. An amount sufficient to cover all fees, services, copies, etc., requested must always be on deposit. Charges to accounts with insufficient funds will not be accepted. A service charge (§ 1.21(b)(2)) will be assessed for each month that the balance at the end of the month is below $1,000. For restricted subscription deposit accounts, a service charge (§ 1.21(b)(3)) will be assessed for each month that the balance at the end of the month is below $300.

Jump to MPEP Source · 37 CFR 1.21(b)(1)Fee Payment MethodsMaintenance Fee AmountsPayment Methods
StatutoryInformativeAlways
[mpep-509-01-3188580b93eb72d395da5ea0]
Deposit Account Statement Must Be Rendered Monthly
Note:
A deposit account statement must be rendered at the end of each month, requiring prompt remittance to cover charges and maintain minimum balance.

(a) For the convenience of attorneys, and the general public in paying any fees due, in ordering services offered by the Office, copies of records, etc., deposit accounts may be established in the Patent and Trademark Office upon payment of the fee for establishing a deposit account § 1.21(b)(1). A minimum deposit of $1,000 is required for paying any fee due or in ordering any services offered by the Office. However, a minimum deposit of $300 may be paid to establish a restricted subscription deposit account used exclusively for subscription order of patent copies as issued. At the end of each month, a deposit account statement will be rendered. A remittance must be made promptly upon receipt of the statement to cover the value of items or services charged to the account and thus restore the account to its established normal deposit value. An amount sufficient to cover all fees, services, copies, etc., requested must always be on deposit. Charges to accounts with insufficient funds will not be accepted. A service charge (§ 1.21(b)(2)) will be assessed for each month that the balance at the end of the month is below $1,000. For restricted subscription deposit accounts, a service charge (§ 1.21(b)(3)) will be assessed for each month that the balance at the end of the month is below $300.

Jump to MPEP Source · 37 CFR 1.21(b)(1)Fee Payment MethodsPayment MethodsMiscellaneous Fees
StatutoryRequiredAlways
[mpep-509-01-baa0d67779da0524b8a25c97]
Remittance Must Restore Account Balance
Note:
A timely payment must be made to cover charges and maintain the deposit account at its minimum required balance.

(a) For the convenience of attorneys, and the general public in paying any fees due, in ordering services offered by the Office, copies of records, etc., deposit accounts may be established in the Patent and Trademark Office upon payment of the fee for establishing a deposit account § 1.21(b)(1). A minimum deposit of $1,000 is required for paying any fee due or in ordering any services offered by the Office. However, a minimum deposit of $300 may be paid to establish a restricted subscription deposit account used exclusively for subscription order of patent copies as issued. At the end of each month, a deposit account statement will be rendered. A remittance must be made promptly upon receipt of the statement to cover the value of items or services charged to the account and thus restore the account to its established normal deposit value. An amount sufficient to cover all fees, services, copies, etc., requested must always be on deposit. Charges to accounts with insufficient funds will not be accepted. A service charge (§ 1.21(b)(2)) will be assessed for each month that the balance at the end of the month is below $1,000. For restricted subscription deposit accounts, a service charge (§ 1.21(b)(3)) will be assessed for each month that the balance at the end of the month is below $300.

Jump to MPEP Source · 37 CFR 1.21(b)(1)Fee Payment MethodsMiscellaneous FeesMaintenance Fee Amounts
StatutoryInformativeAlways
[mpep-509-01-71d547849da6493dc88f06b1]
Charges to Insufficient Accounts Not Accepted
Note:
Fees and services cannot be charged if the deposit account has insufficient funds.

(a) For the convenience of attorneys, and the general public in paying any fees due, in ordering services offered by the Office, copies of records, etc., deposit accounts may be established in the Patent and Trademark Office upon payment of the fee for establishing a deposit account § 1.21(b)(1). A minimum deposit of $1,000 is required for paying any fee due or in ordering any services offered by the Office. However, a minimum deposit of $300 may be paid to establish a restricted subscription deposit account used exclusively for subscription order of patent copies as issued. At the end of each month, a deposit account statement will be rendered. A remittance must be made promptly upon receipt of the statement to cover the value of items or services charged to the account and thus restore the account to its established normal deposit value. An amount sufficient to cover all fees, services, copies, etc., requested must always be on deposit. Charges to accounts with insufficient funds will not be accepted. A service charge (§ 1.21(b)(2)) will be assessed for each month that the balance at the end of the month is below $1,000. For restricted subscription deposit accounts, a service charge (§ 1.21(b)(3)) will be assessed for each month that the balance at the end of the month is below $300.

Jump to MPEP Source · 37 CFR 1.21(b)(1)Fee Payment MethodsMiscellaneous FeesMaintenance Fee Amounts
StatutoryRequiredAlways
[mpep-509-01-96c9f9352c9aea1dc8de2724]
Payment Methods for Deposit Accounts
Note:
A deposit account holder can replenish their account by submitting a payment through electronic funds transfer, the Office’s website, or by mailing a check to the specified address.
(c) A deposit account holder may replenish the deposit account by submitting a payment to the United States Patent and Trademark Office. A payment to replenish a deposit account must be submitted by one of the methods set forth in paragraphs (c)(1), (c)(2), (c)(3), or (c)(4) of this section.
  • (1) A payment to replenish a deposit account may be submitted by electronic funds transfer through the Federal Reserve Fedwire System, which requires that the following information be provided to the deposit account holder’s bank or financial institution:
    • (i) Name of the Bank, which is Treas NYC (Treasury New York City);
    • (ii) Bank Routing Code, which is 021030004;
    • (iii) United States Patent and Trademark Office account number with the Department of the Treasury, which is 13100001; and
    • (iv) The deposit account holder’s company name and deposit account number.
  • (2) A payment to replenish a deposit account may be submitted by electronic funds transfer over the Office’s Internet website (www.uspto.gov).
  • (3) A payment to replenish a deposit account may be addressed to: Mail Stop Deposit Accounts, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.
Jump to MPEP Source · 37 CFR 1.25Fee Payment MethodsPayment MethodsFee Requirements
StatutoryPermittedAlways
[mpep-509-01-6e67261819b95b5992a56f4a]
Deposit Account Replenishment by Electronic Funds Transfer
Note:
A deposit account holder can replenish their account by submitting a payment via electronic funds transfer through the USPTO’s website.

(c) A deposit account holder may replenish the deposit account by submitting a payment to the United States Patent and Trademark Office. A payment to replenish a deposit account must be submitted by one of the methods set forth in paragraphs (c)(1), (c)(2), (c)(3), or (c)(4) of this section.

(2) A payment to replenish a deposit account may be submitted by electronic funds transfer over the Office’s Internet website (www.uspto.gov).

Jump to MPEP Source · 37 CFR 1.25Fee Payment MethodsPayment MethodsFee Requirements
StatutoryPermittedAlways
[mpep-509-01-dfcb095f6183f4506c20830e]
Payment Method for Deposit Accounts Required
Note:
A deposit account holder must submit a payment to replenish the account using one of the specified methods, addressed to Mail Stop Deposit Accounts at the United States Patent and Trademark Office.

(c) A deposit account holder may replenish the deposit account by submitting a payment to the United States Patent and Trademark Office. A payment to replenish a deposit account must be submitted by one of the methods set forth in paragraphs (c)(1), (c)(2), (c)(3), or (c)(4) of this section.

(3) A payment to replenish a deposit account may be addressed to: Mail Stop Deposit Accounts, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.

Jump to MPEP Source · 37 CFR 1.25Fee Payment MethodsPayment MethodsFee Requirements
StatutoryInformativeAlways
[mpep-509-01-5b4c0d66b5aa7ca0643c17f7]
Surcharge Required for Overdrawn Deposit Accounts
Note:
For applications filed on or after July 1, 2005, a surcharge is required if the basic filing fee, search fee, or examination fee is charged to an overdrawn deposit account.

If there is an authorization to charge the basic filing fee (37 CFR 1.16(a), (b), (c), (d), or (e)) to a deposit account which is overdrawn or has insufficient funds, a surcharge (37 CFR 1.16(f)) is required in addition to payment of the basic filing fee (37 CFR 1.16(a), (b), (c), (d), or (e)). For applications filed on or after July 1, 2005, which have been accorded a filing date under 37 CFR 1.53(b) or (d), if there is an authorization to charge any of the basic filing fee, the search fee, or the examination fee to a deposit account which is overdrawn or has insufficient funds, a surcharge under 37 CFR 1.16(f) is required in addition to payment of the required fee(s). Failure to timely pay the filing fee and surcharge will result in abandonment of the application.

Jump to MPEP Source · 37 CFR 1.16(a)Fee Payment MethodsFiling, Search & Examination FeesMaintenance Fee Amounts
StatutoryRequiredAlways
[mpep-509-01-a66be67dd43f2e9e925bd59b]
Authorized Users Must Be Listed as Fee Payers
Note:
Deposit account authorized users must be listed in Financial Manager as fee payers. Variations of the given name are accepted if the last name matches, otherwise payment may be delayed or rejected.

Authorized users for a deposit account must be listed in Financial Manager as authorized fee payers. Office personnel will accept obvious variations of the given name (first name or middle name) provided that the last or family name matches the authorized fee payer’s last name. Where the fee payer’s last name in a signed fee authorization document does not match any of the authorized fee payers for the deposit account which is being relied upon to pay a fee, the fee payment may be delayed or rejected.

Jump to MPEP Source · 37 CFR 1.25Fee Payment MethodsMaintenance Fee AmountsPayment Methods
StatutoryPermittedAlways
[mpep-509-01-1599baeea1a1069c5727463b]
Fee Payment May Be Delayed If Last Name Does Not Match Authorized Payer
Note:
If the last name on a fee authorization document does not match any authorized payer for the deposit account, payment may be delayed or rejected.

Authorized users for a deposit account must be listed in Financial Manager as authorized fee payers. Office personnel will accept obvious variations of the given name (first name or middle name) provided that the last or family name matches the authorized fee payer’s last name. Where the fee payer’s last name in a signed fee authorization document does not match any of the authorized fee payers for the deposit account which is being relied upon to pay a fee, the fee payment may be delayed or rejected.

Jump to MPEP Source · 37 CFR 1.25Fee Payment MethodsMaintenance Fee AmountsPayment Methods
StatutoryInformativeAlways
[mpep-509-01-398176ac83c806d55018c955]
Authorization for Additional Fees on Deposit Accounts
Note:
The rule allows additional fees to be charged to deposit accounts, except for specific fee types under certain conditions.

Many applications contain broad language authorizing any additional fees which might have been due to be charged to a deposit account. The U.S. Patent and Trademark Office will interpret such broad authorizations to include authorization to charge to a deposit account fees set forth in 37 CFR 1.16, and 1.17. Fees under 37 CFR 1.19, 1.20, and 1.21 will not be charged as a result of a general authorization under 37 CFR 1.25 except to cover the processing fee under 37 CFR 1.21(m) in the event a check or credit card payment is refused or charged back by a financial institution. Fees under 37 CFR 1.18 will not be charged as a result of a preauthorization of issue fee payment.

Jump to MPEP Source · 37 CFR 1.16Fee Payment MethodsPayment MethodsMaintenance Fee Payment
StatutoryInformativeAlways
[mpep-509-01-dc726ecb6bad09f8faf7af7e]
Authorization Must Be Clear and Unambiguous
Note:
Applicants must provide clear authorizations to avoid fees being charged incorrectly, which could lead to additional expenses.

It is extremely important that the authorization be clear and unambiguous. If applicants file authorizations which are ambiguous and deviate from the usual forms of authorizations, the Office may not interpret the authorizations in the manner applicants intend and may return the fees. As a result, applicants could be subject to further expenses, petitions, etc. in order to have a particular fee charged to a deposit account (which was not charged as intended) or to resubmit a fee(s) due to an ambiguous authorization.

Jump to MPEP Source · 37 CFR 1.25Fee Payment MethodsMaintenance Fee AmountsPayment Methods
StatutoryProhibitedAlways
[mpep-509-01-ac78cd716e95f9b5cb133b7c]
Ambiguous Authorizations May Result in Fee Returns
Note:
If authorizations are unclear and deviate from standard forms, the Office may not interpret them as intended and could return fees.

It is extremely important that the authorization be clear and unambiguous. If applicants file authorizations which are ambiguous and deviate from the usual forms of authorizations, the Office may not interpret the authorizations in the manner applicants intend and may return the fees. As a result, applicants could be subject to further expenses, petitions, etc. in order to have a particular fee charged to a deposit account (which was not charged as intended) or to resubmit a fee(s) due to an ambiguous authorization.

Jump to MPEP Source · 37 CFR 1.25Fee Payment MethodsMaintenance Fee AmountsPayment Methods
StatutoryInformativeAlways
[mpep-509-01-8c1b28230613047be256aaf4]
Ambiguous Authorization Can Lead to Additional Fees
Note:
Applicants may incur extra expenses if their authorization is unclear and results in fees not being charged correctly, requiring resubmission of the fee(s).

It is extremely important that the authorization be clear and unambiguous. If applicants file authorizations which are ambiguous and deviate from the usual forms of authorizations, the Office may not interpret the authorizations in the manner applicants intend and may return the fees. As a result, applicants could be subject to further expenses, petitions, etc. in order to have a particular fee charged to a deposit account (which was not charged as intended) or to resubmit a fee(s) due to an ambiguous authorization.

Jump to MPEP Source · 37 CFR 1.25Fee Payment MethodsMaintenance Fee AmountsPayment Methods
StatutoryPermittedAlways
[mpep-509-01-f9addf7d0dc69fe26d46a1af]
Fees May Be Charged to Deposit Account
Note:
This rule allows fees in an international design application to be charged to a deposit account, except for the transmittal fee which requires general authorization.

37 CFR 1.25(b) sets forth that fees in an international design application may be charged to a deposit account. A general authorization to charge fees in an international design application set forth in 37 CFR 1.1031 will only be effective for the transmittal fee (37 CFR 1.1031(a)). The international fees set forth in 37 CFR 1.1031, other than the transmittal fee set forth in 37 CFR 1.1031(a), are not required to be paid to the Office as an office of indirect filing. See 37 CFR 1.1031(d).

Jump to MPEP Source · 37 CFR 1.25(b)Fee Payment MethodsInternational Design Application FilingInternational Design Application Requirements
StatutoryPermittedAlways
[mpep-509-01-5b13326d6730cbe592f23da4]
Payment Methods for Replenishing Deposit Accounts
Note:
This rule outlines how deposit account holders can submit payments to the Office to replenish their accounts, including electronic funds transfer through Fedwire, online via the Office’s website, or by mailing a payment.
37 CFR 1.25(c) specifies how a deposit account holder may submit a payment to the Office to replenish the deposit account. A payment to replenish a deposit account may be submitted by:
  • (A) making the payment by electronic funds transfer through the Federal Reserve Fedwire System. Deposit account holders who use the Federal Reserve Fedwire System must provide the following information to their bank or financial institution: (1) Name of the Bank, which is Treas NYC (Treasury New York City); (2) Bank Routing Code, which is 021030004; (3) United States Patent and Trademark Office account number with the Department of Treasury, which is 13100001; and (4) the deposit account holder’s company name and deposit account number. The deposit account holder should inform his or her bank or financial institution to use due care to ensure that all pertinent account numbers are listed on the transaction because the failure to include the proper deposit account number will delay the processing of the replenishment;
  • (B) electronic funds transfer over the Office’s Internet website (www.uspto.gov); or
  • (C) mailing the payment to: Mail Stop Deposit Accounts, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.
Jump to MPEP Source · 37 CFR 1.25(c)Fee Payment MethodsPayment MethodsFee Requirements
StatutoryPermittedAlways
[mpep-509-01-89b5340bbb64ecf9c9b04dec]
Deposit Account Replenishment Information
Note:
Provides details on how to obtain information about deposit account replenishment from the Office’s website or by contacting the Deposit Account Division.

In the event a payment to replenish a deposit account is refused (e.g., for insufficient funds or due to a stop payment order), the fee under 37 CFR 1.21(m) for processing the payment refusal will be charged to the deposit account. Further information on deposit account replenishment may be obtained from the Office’s Internet website or by contacting the Deposit Account Division at (571) 272-6500.

Jump to MPEP Source · 37 CFR 1.21(m)Fee Payment MethodsPayment MethodsMiscellaneous Fees
Topic

Filing, Search & Examination Fees

10 rules
StatutoryPermittedAlways
[mpep-509-01-3644fb9bcc4a4dfc1b340222]
Authorization to Charge Fees to Deposit Account
Note:
Permits filing of general authorization to charge specified fees from a deposit account with sufficient funds for the entire application pendency or with specific filings.

(b) Filing, issue, appeal, international-type search report, international application processing, international design application fees, petition, and post-issuance fees may be charged against these accounts if sufficient funds are on deposit to cover such fees. A general authorization to charge all fees, or only certain fees, set forth in §§ 1.16 through 1.18 to a deposit account containing sufficient funds may be filed in an individual application, either for the entire pendency of the application or with a particular paper filed. A general authorization to charge fees in an international design application set forth in § 1.1031 will only be effective for the transmittal fee (§ 1.1031(a)). An authorization to charge fees under § 1.16 in an international application entering the national stage under 35 U.S.C. 371 will be treated as an authorization to charge fees under § 1.492. An authorization to charge fees set forth in § 1.18 to a deposit account is subject to the provisions of § 1.311(b). An authorization to charge to a deposit account the fee for a request for reexamination pursuant to § 1.510 or 1.913 and any other fees required in a reexamination proceeding in a patent may also be filed with the request for reexamination, and an authorization to charge to a deposit account the fee for a request for supplemental examination pursuant to § 1.610 and any other fees required in a supplemental examination proceeding in a patent may also be filed with the request for supplemental examination. An authorization to charge a fee to a deposit account will not be considered payment of the fee on the date the authorization to charge the fee is effective as to the particular fee to be charged unless sufficient funds are present in the account to cover the fee.

Jump to MPEP Source · 37 CFR 1.16Filing, Search & Examination FeesIssue FeesFee Payment Methods
StatutoryRequiredAlways
[mpep-509-01-d7346029916c547ca9be56a9]
Surcharge Required for Overdrawn Deposit Accounts
Note:
A surcharge is required when the basic filing fee is authorized to be charged to an overdrawn deposit account.

If there is an authorization to charge the basic filing fee (37 CFR 1.16(a), (b), (c), (d), or (e)) to a deposit account which is overdrawn or has insufficient funds, a surcharge (37 CFR 1.16(f)) is required in addition to payment of the basic filing fee (37 CFR 1.16(a), (b), (c), (d), or (e)). For applications filed on or after July 1, 2005, which have been accorded a filing date under 37 CFR 1.53(b) or (d), if there is an authorization to charge any of the basic filing fee, the search fee, or the examination fee to a deposit account which is overdrawn or has insufficient funds, a surcharge under 37 CFR 1.16(f) is required in addition to payment of the required fee(s). Failure to timely pay the filing fee and surcharge will result in abandonment of the application.

Jump to MPEP Source · 37 CFR 1.16(a)Filing, Search & Examination FeesFee Payment MethodsMaintenance Fee Amounts
StatutoryRequiredAlways
[mpep-509-01-80497f11ba4d3cea6b0f0c19]
Surcharge Required for Overdrawn Accounts
Note:
A surcharge is required if fees are authorized to be charged from an overdrawn deposit account.

If there is an authorization to charge the basic filing fee (37 CFR 1.16(a), (b), (c), (d), or (e)) to a deposit account which is overdrawn or has insufficient funds, a surcharge (37 CFR 1.16(f)) is required in addition to payment of the basic filing fee (37 CFR 1.16(a), (b), (c), (d), or (e)). For applications filed on or after July 1, 2005, which have been accorded a filing date under 37 CFR 1.53(b) or (d), if there is an authorization to charge any of the basic filing fee, the search fee, or the examination fee to a deposit account which is overdrawn or has insufficient funds, a surcharge under 37 CFR 1.16(f) is required in addition to payment of the required fee(s). Failure to timely pay the filing fee and surcharge will result in abandonment of the application.

Jump to MPEP Source · 37 CFR 1.16(a)Filing, Search & Examination FeesFee Payment MethodsMaintenance Fee Amounts
StatutoryInformativeAlways
[mpep-509-01-28a4c6575c432ae67df3c7a8]
Filing Fee and Surcharge Must Be Paid Timely
Note:
Failure to timely pay the filing fee and surcharge will result in abandonment of the application.

If there is an authorization to charge the basic filing fee (37 CFR 1.16(a), (b), (c), (d), or (e)) to a deposit account which is overdrawn or has insufficient funds, a surcharge (37 CFR 1.16(f)) is required in addition to payment of the basic filing fee (37 CFR 1.16(a), (b), (c), (d), or (e)). For applications filed on or after July 1, 2005, which have been accorded a filing date under 37 CFR 1.53(b) or (d), if there is an authorization to charge any of the basic filing fee, the search fee, or the examination fee to a deposit account which is overdrawn or has insufficient funds, a surcharge under 37 CFR 1.16(f) is required in addition to payment of the required fee(s). Failure to timely pay the filing fee and surcharge will result in abandonment of the application.

Jump to MPEP Source · 37 CFR 1.16(a)Filing, Search & Examination FeesMaintenance Fee AmountsFee Requirements
StatutoryInformativeAlways
[mpep-509-01-bd36b0eaa4579060c2c6347f]
Deposit Account Fees Include 37 CFR 1.16 and 1.17 Fees
Note:
The U.S. Patent and Trademark Office will interpret broad authorization to include fees set forth in 37 CFR 1.16 and 1.17 for deposit accounts.

Many applications contain broad language authorizing any additional fees which might have been due to be charged to a deposit account. The U.S. Patent and Trademark Office will interpret such broad authorizations to include authorization to charge to a deposit account fees set forth in 37 CFR 1.16, and 1.17. Fees under 37 CFR 1.19, 1.20, and 1.21 will not be charged as a result of a general authorization under 37 CFR 1.25 except to cover the processing fee under 37 CFR 1.21(m) in the event a check or credit card payment is refused or charged back by a financial institution. Fees under 37 CFR 1.18 will not be charged as a result of a preauthorization of issue fee payment.

Jump to MPEP Source · 37 CFR 1.16Filing, Search & Examination FeesProcessing FeesFee Payment Methods
StatutoryRequiredAlways
[mpep-509-01-d530577995640d07af3682fa]
Authorization to Charge Fees for Specific Paper
Note:
Allows the Director to charge fees under 37 CFR 1.16 and 1.17 for a specific paper, covering any deficiencies in payment.

An authorization to charge fees relating only to a specific paper, could read “The Director is hereby authorized to charge any fees under 37 CFR 1.16 and 1.17 which may be required by this paper to Deposit Account No.________.” Such an authorization would cover situations in which a check to cover a filing and/or a processing fee under 37 CFR 1.16 and 1.17 was omitted or was for an amount less than the amount required. An authorization covering any omission or deficiency in a check or credit card payment applies to the processing fee under 37 CFR 1.21(m) in the event a check or credit card payment is refused or charged back by a financial institution, regardless of whether such deposit account authorization is limited to other fees (e.g., fees under 37 CFR 1.16 and 1.17). If a check or credit card payment for the issue fee is refused or charged back by a financial institution, the application may be held abandoned for failure to pay the issue fee within the statutory period for reply. See MPEP § 1306.

Jump to MPEP Source · 37 CFR 1.16Filing, Search & Examination FeesProcessing FeesFee Payment Methods
StatutoryRequiredAlways
[mpep-509-01-7f38e8566bdafdc9b956c19c]
Authorization for Missing Filing Fees
Note:
Permits charging missing filing and processing fees if a check is omitted or insufficient, including when a credit card payment is refused or charged back.

An authorization to charge fees relating only to a specific paper, could read “The Director is hereby authorized to charge any fees under 37 CFR 1.16 and 1.17 which may be required by this paper to Deposit Account No.________.” Such an authorization would cover situations in which a check to cover a filing and/or a processing fee under 37 CFR 1.16 and 1.17 was omitted or was for an amount less than the amount required. An authorization covering any omission or deficiency in a check or credit card payment applies to the processing fee under 37 CFR 1.21(m) in the event a check or credit card payment is refused or charged back by a financial institution, regardless of whether such deposit account authorization is limited to other fees (e.g., fees under 37 CFR 1.16 and 1.17). If a check or credit card payment for the issue fee is refused or charged back by a financial institution, the application may be held abandoned for failure to pay the issue fee within the statutory period for reply. See MPEP § 1306.

Jump to MPEP Source · 37 CFR 1.16Filing, Search & Examination FeesProcessing FeesMiscellaneous Fees
StatutoryInformativeAlways
[mpep-509-01-b4ac3f65b63ce077ec83487c]
Deposit Account Authorization for Filing Fees
Note:
A deposit account authorization to charge the filing fee is treated as an authorization to cover various fees including basic filing, search, examination, and additional claims and application size fees.

The Office will treat a deposit account authorization to charge "the filing fee" as an authorization to charge the following applicable fees under 37 CFR 1.16: basic filing fee; search fee; examination fee; any excess claims fees; any application size fee; and any non-electronic filing fee (see 37 CFR 1.16(t)). The Office will treat a deposit account authorization to charge "the basic filing fee" as an authorization to charge the following applicable fees under 37 CFR 1.16: basic filing fee; search fee; and examination fee. Any deposit account authorization to charge the filing fee but not the search fee or examination fee must specifically limit the authorization by reference to one or more paragraphs (a) – (e) of 37 CFR 1.16.

Jump to MPEP Source · 37 CFR 1.16Filing, Search & Examination FeesFee Payment MethodsFee Requirements
StatutoryInformativeAlways
[mpep-509-01-e771ba06ea92abafcb311579]
Deposit Account Authorization for Basic Filing Fee Includes Search and Examination Fees
Note:
The Office treats a deposit account authorization to charge the basic filing fee as an authorization to also cover search and examination fees under 37 CFR 1.16.

The Office will treat a deposit account authorization to charge "the filing fee" as an authorization to charge the following applicable fees under 37 CFR 1.16: basic filing fee; search fee; examination fee; any excess claims fees; any application size fee; and any non-electronic filing fee (see 37 CFR 1.16(t)). The Office will treat a deposit account authorization to charge "the basic filing fee" as an authorization to charge the following applicable fees under 37 CFR 1.16: basic filing fee; search fee; and examination fee. Any deposit account authorization to charge the filing fee but not the search fee or examination fee must specifically limit the authorization by reference to one or more paragraphs (a) – (e) of 37 CFR 1.16.

Jump to MPEP Source · 37 CFR 1.16Filing, Search & Examination FeesFee Payment MethodsFee Requirements
StatutoryRequiredAlways
[mpep-509-01-5061c022c1909fd116a04e9c]
Deposit Account Must Limit Filing Fee Only to Specific Fees
Note:
A deposit account authorization for charging the filing fee but not search or examination fees must specifically reference paragraphs (a) – (e) of 37 CFR 1.16.

The Office will treat a deposit account authorization to charge "the filing fee" as an authorization to charge the following applicable fees under 37 CFR 1.16: basic filing fee; search fee; examination fee; any excess claims fees; any application size fee; and any non-electronic filing fee (see 37 CFR 1.16(t)). The Office will treat a deposit account authorization to charge "the basic filing fee" as an authorization to charge the following applicable fees under 37 CFR 1.16: basic filing fee; search fee; and examination fee. Any deposit account authorization to charge the filing fee but not the search fee or examination fee must specifically limit the authorization by reference to one or more paragraphs (a) – (e) of 37 CFR 1.16.

Jump to MPEP Source · 37 CFR 1.16Filing, Search & Examination FeesFee Payment MethodsFee Requirements
Topic

Miscellaneous Fees

5 rules
StatutoryPermittedAlways
[mpep-509-01-504452871ed1d15536a422f7]
Deposit Accounts for Fees and Services
Note:
Allows establishment of deposit accounts in the Patent and Trademark Office to pay fees and order services, with minimum deposits and monthly service charges.

(a) For the convenience of attorneys, and the general public in paying any fees due, in ordering services offered by the Office, copies of records, etc., deposit accounts may be established in the Patent and Trademark Office upon payment of the fee for establishing a deposit account § 1.21(b)(1). A minimum deposit of $1,000 is required for paying any fee due or in ordering any services offered by the Office. However, a minimum deposit of $300 may be paid to establish a restricted subscription deposit account used exclusively for subscription order of patent copies as issued. At the end of each month, a deposit account statement will be rendered. A remittance must be made promptly upon receipt of the statement to cover the value of items or services charged to the account and thus restore the account to its established normal deposit value. An amount sufficient to cover all fees, services, copies, etc., requested must always be on deposit. Charges to accounts with insufficient funds will not be accepted. A service charge (§ 1.21(b)(2)) will be assessed for each month that the balance at the end of the month is below $1,000. For restricted subscription deposit accounts, a service charge (§ 1.21(b)(3)) will be assessed for each month that the balance at the end of the month is below $300.

Jump to MPEP Source · 37 CFR 1.21(b)(1)Miscellaneous FeesFee Payment MethodsMaintenance Fee Amounts
StatutoryInformativeAlways
[mpep-509-01-fb27ca09900a79ed933facbf]
Service Charge for Insufficient Balance
Note:
A service charge will be assessed each month if the deposit account balance falls below $1,000 at the end of the month.

(a) For the convenience of attorneys, and the general public in paying any fees due, in ordering services offered by the Office, copies of records, etc., deposit accounts may be established in the Patent and Trademark Office upon payment of the fee for establishing a deposit account § 1.21(b)(1). A minimum deposit of $1,000 is required for paying any fee due or in ordering any services offered by the Office. However, a minimum deposit of $300 may be paid to establish a restricted subscription deposit account used exclusively for subscription order of patent copies as issued. At the end of each month, a deposit account statement will be rendered. A remittance must be made promptly upon receipt of the statement to cover the value of items or services charged to the account and thus restore the account to its established normal deposit value. An amount sufficient to cover all fees, services, copies, etc., requested must always be on deposit. Charges to accounts with insufficient funds will not be accepted. A service charge (§ 1.21(b)(2)) will be assessed for each month that the balance at the end of the month is below $1,000. For restricted subscription deposit accounts, a service charge (§ 1.21(b)(3)) will be assessed for each month that the balance at the end of the month is below $300.

Jump to MPEP Source · 37 CFR 1.21(b)(1)Miscellaneous FeesFee Payment MethodsMaintenance Fee Amounts
StatutoryInformativeAlways
[mpep-509-01-017f9e75ea10219d5f08b5da]
Service Charge for Restricted Subscription Deposit Accounts Below $300
Note:
A service charge is assessed each month when the balance in a restricted subscription deposit account falls below $300.

(a) For the convenience of attorneys, and the general public in paying any fees due, in ordering services offered by the Office, copies of records, etc., deposit accounts may be established in the Patent and Trademark Office upon payment of the fee for establishing a deposit account § 1.21(b)(1). A minimum deposit of $1,000 is required for paying any fee due or in ordering any services offered by the Office. However, a minimum deposit of $300 may be paid to establish a restricted subscription deposit account used exclusively for subscription order of patent copies as issued. At the end of each month, a deposit account statement will be rendered. A remittance must be made promptly upon receipt of the statement to cover the value of items or services charged to the account and thus restore the account to its established normal deposit value. An amount sufficient to cover all fees, services, copies, etc., requested must always be on deposit. Charges to accounts with insufficient funds will not be accepted. A service charge (§ 1.21(b)(2)) will be assessed for each month that the balance at the end of the month is below $1,000. For restricted subscription deposit accounts, a service charge (§ 1.21(b)(3)) will be assessed for each month that the balance at the end of the month is below $300.

Jump to MPEP Source · 37 CFR 1.21(b)(1)Miscellaneous FeesFee Payment MethodsMaintenance Fee Amounts
StatutoryPermittedAlways
[mpep-509-01-ca1477f1d1085e6f89751108]
Suspension of Overdrawn Accounts Until Balance Restored
Note:
An overdrawn account will be suspended and no charges accepted until the balance is restored, along with a $10 fee for the U.S. Patent and Trademark Office's work.

An overdrawn account will be immediately suspended and no charges will be accepted against it until a proper balance is restored, together with a payment of $10 (37 CFR 1.21(b)(1)) to cover the work done by the U.S. Patent and Trademark Office incident to suspending and reinstating the account and dealing with charges which may have been made in the meantime.

Jump to MPEP Source · 37 CFR 1.21(b)(1))Miscellaneous FeesFee RequirementsFee Payment Methods
StatutoryInformativeAlways
[mpep-509-01-1bcaa7c481c79fa97fc632ff]
Fee for Processing Payment Refusal Charged to Deposit Account
Note:
If a payment to replenish a deposit account is refused, the fee under 37 CFR 1.21(m) will be charged to the deposit account.

In the event a payment to replenish a deposit account is refused (e.g., for insufficient funds or due to a stop payment order), the fee under 37 CFR 1.21(m) for processing the payment refusal will be charged to the deposit account. Further information on deposit account replenishment may be obtained from the Office’s Internet website or by contacting the Deposit Account Division at (571) 272-6500.

Jump to MPEP Source · 37 CFR 1.21(m)Miscellaneous FeesFee Payment MethodsMaintenance Fee Amounts
Topic

Issue Fees

5 rules
StatutoryInformativeAlways
[mpep-509-01-dfdb49f4793c1c1780b2a8e1]
Authorization to Charge Fees Set Forth in §1.18 to Deposit Account Subject to §1.311(b)
Note:
An authorization to charge fees specified in §1.18 from a deposit account is subject to the provisions of §1.311(b).

(b) Filing, issue, appeal, international-type search report, international application processing, international design application fees, petition, and post-issuance fees may be charged against these accounts if sufficient funds are on deposit to cover such fees. A general authorization to charge all fees, or only certain fees, set forth in §§ 1.16 through 1.18 to a deposit account containing sufficient funds may be filed in an individual application, either for the entire pendency of the application or with a particular paper filed. A general authorization to charge fees in an international design application set forth in § 1.1031 will only be effective for the transmittal fee (§ 1.1031(a)). An authorization to charge fees under § 1.16 in an international application entering the national stage under 35 U.S.C. 371 will be treated as an authorization to charge fees under § 1.492. An authorization to charge fees set forth in § 1.18 to a deposit account is subject to the provisions of § 1.311(b). An authorization to charge to a deposit account the fee for a request for reexamination pursuant to § 1.510 or 1.913 and any other fees required in a reexamination proceeding in a patent may also be filed with the request for reexamination, and an authorization to charge to a deposit account the fee for a request for supplemental examination pursuant to § 1.610 and any other fees required in a supplemental examination proceeding in a patent may also be filed with the request for supplemental examination. An authorization to charge a fee to a deposit account will not be considered payment of the fee on the date the authorization to charge the fee is effective as to the particular fee to be charged unless sufficient funds are present in the account to cover the fee.

Jump to MPEP Source · 37 CFR 1.16Issue FeesFee Payment MethodsPayment Methods
StatutoryInformativeAlways
[mpep-509-01-8ec45151de5ddad81996a32d]
Preauthorization for Issue Fees Not Charged
Note:
Fees under 37 CFR 1.18 will not be charged if preauthorized for issue fee payment.

Many applications contain broad language authorizing any additional fees which might have been due to be charged to a deposit account. The U.S. Patent and Trademark Office will interpret such broad authorizations to include authorization to charge to a deposit account fees set forth in 37 CFR 1.16, and 1.17. Fees under 37 CFR 1.19, 1.20, and 1.21 will not be charged as a result of a general authorization under 37 CFR 1.25 except to cover the processing fee under 37 CFR 1.21(m) in the event a check or credit card payment is refused or charged back by a financial institution. Fees under 37 CFR 1.18 will not be charged as a result of a preauthorization of issue fee payment.

Jump to MPEP Source · 37 CFR 1.16Issue FeesMaintenance Fee AmountsFee Requirements
StatutoryPermittedAlways
[mpep-509-01-1e743530d51c5910e7f6b744]
Application May Be Abandoned If Issue Fee Payment Fails
Note:
If a check or credit card payment for the issue fee is refused or charged back by a financial institution, the application may be held abandoned for failure to pay the issue fee within the statutory period for reply.

An authorization to charge fees relating only to a specific paper, could read “The Director is hereby authorized to charge any fees under 37 CFR 1.16 and 1.17 which may be required by this paper to Deposit Account No.________.” Such an authorization would cover situations in which a check to cover a filing and/or a processing fee under 37 CFR 1.16 and 1.17 was omitted or was for an amount less than the amount required. An authorization covering any omission or deficiency in a check or credit card payment applies to the processing fee under 37 CFR 1.21(m) in the event a check or credit card payment is refused or charged back by a financial institution, regardless of whether such deposit account authorization is limited to other fees (e.g., fees under 37 CFR 1.16 and 1.17). If a check or credit card payment for the issue fee is refused or charged back by a financial institution, the application may be held abandoned for failure to pay the issue fee within the statutory period for reply. See MPEP § 1306.

Jump to MPEP Source · 37 CFR 1.16Issue FeesFee Payment MethodsMaintenance Fee Amounts
StatutoryPermittedAlways
[mpep-509-01-7a6619494fc7db16cc6f82cb]
Authorization for Issue Fee to Deposit Account After Allowance Notice
Note:
An authorization to charge the issue fee to a deposit account can only be filed after receiving the notice of allowance.

As provided in 37 CFR 1.311(b), an authorization to charge the issue fee (37 CFR 1.18) to a deposit account may be filed in an individual application only after the mailing of the notice of allowance. 37 CFR 1.25(b) also makes clear that a general authorization made prior to the mailing of a notice of allowance does not apply to issue fees under 37 CFR 1.18.

Jump to MPEP Source · 37 CFR 1.311(b)Issue FeesFee Payment MethodsFee Requirements
StatutoryInformativeAlways
[mpep-509-01-465d74dfaa3dce49fe102c03]
Authorization for Issue Fees Requires Mailing of Notice of Allowance
Note:
A general authorization made before the notice of allowance cannot be used to charge issue fees under 37 CFR 1.18.

As provided in 37 CFR 1.311(b), an authorization to charge the issue fee (37 CFR 1.18) to a deposit account may be filed in an individual application only after the mailing of the notice of allowance. 37 CFR 1.25(b) also makes clear that a general authorization made prior to the mailing of a notice of allowance does not apply to issue fees under 37 CFR 1.18.

Jump to MPEP Source · 37 CFR 1.311(b)Issue FeesFee Payment MethodsFee Requirements
Topic

National Stage Fees

3 rules
StatutoryInformativeAlways
[mpep-509-01-3089b30f23594230d2bfcb97]
Authorization to Charge National Stage Fees
Note:
An authorization to charge fees under §1.16 in an international application entering the national stage is treated as an authorization to charge fees under §1.492.

(b) Filing, issue, appeal, international-type search report, international application processing, international design application fees, petition, and post-issuance fees may be charged against these accounts if sufficient funds are on deposit to cover such fees. A general authorization to charge all fees, or only certain fees, set forth in §§ 1.16 through 1.18 to a deposit account containing sufficient funds may be filed in an individual application, either for the entire pendency of the application or with a particular paper filed. A general authorization to charge fees in an international design application set forth in § 1.1031 will only be effective for the transmittal fee (§ 1.1031(a)). An authorization to charge fees under § 1.16 in an international application entering the national stage under 35 U.S.C. 371 will be treated as an authorization to charge fees under § 1.492. An authorization to charge fees set forth in § 1.18 to a deposit account is subject to the provisions of § 1.311(b). An authorization to charge to a deposit account the fee for a request for reexamination pursuant to § 1.510 or 1.913 and any other fees required in a reexamination proceeding in a patent may also be filed with the request for reexamination, and an authorization to charge to a deposit account the fee for a request for supplemental examination pursuant to § 1.610 and any other fees required in a supplemental examination proceeding in a patent may also be filed with the request for supplemental examination. An authorization to charge a fee to a deposit account will not be considered payment of the fee on the date the authorization to charge the fee is effective as to the particular fee to be charged unless sufficient funds are present in the account to cover the fee.

Jump to MPEP Source · 37 CFR 1.16National Stage FeesNationals and ResidentsReceiving Office (RO/US)
StatutoryInformativeAlways
[mpep-509-01-f6fa74e96016e6696bfac278]
Authorization to Charge National Stage Fees Treated as Filing Fee Authorization
Note:
An authorization to charge filing fees in a national application is treated as an authorization for national stage fees.

37 CFR 1.25(b) provides that an authorization to charge fees under 37 CFR 1.16 (which relates to national application filing fees) in an application filed under 35 U.S.C. 371 will be treated as an authorization to charge fees under 37 CFR 1.492 (which relates to national stage fees). Papers filed for the purpose of entering the national stage under 35 U.S.C. 371 and 37 CFR 1.495 that include an authorization to charge fees under 37 CFR 1.16 are treated by the Office as an authorization to charge fees under 37 CFR 1.492 since: (1) timely payment of the appropriate national fee under 37 CFR 1.492 is necessary to avoid abandonment of the application as to the United States; and (2) the basic filing fee under 37 CFR 1.16 is not applicable to such papers or applications.

Jump to MPEP Source · 37 CFR 1.25(b)National Stage FeesEffect of International FilingNationals and Residents
StatutoryInformativeAlways
[mpep-509-01-52796d802862dce5184a28d4]
Authorization to Charge Fees for National Stage
Note:
An authorization to charge fees under 37 CFR 1.16 is treated as an authorization to charge national stage fees under 37 CFR 1.492, ensuring timely payment to avoid abandonment.

37 CFR 1.25(b) provides that an authorization to charge fees under 37 CFR 1.16 (which relates to national application filing fees) in an application filed under 35 U.S.C. 371 will be treated as an authorization to charge fees under 37 CFR 1.492 (which relates to national stage fees). Papers filed for the purpose of entering the national stage under 35 U.S.C. 371 and 37 CFR 1.495 that include an authorization to charge fees under 37 CFR 1.16 are treated by the Office as an authorization to charge fees under 37 CFR 1.492 since: (1) timely payment of the appropriate national fee under 37 CFR 1.492 is necessary to avoid abandonment of the application as to the United States; and (2) the basic filing fee under 37 CFR 1.16 is not applicable to such papers or applications.

Jump to MPEP Source · 37 CFR 1.25(b)National Stage FeesNationals and ResidentsReceiving Office (RO/US)
Topic

Maintenance Fee Amounts

2 rules
StatutoryRequiredAlways
[mpep-509-01-6cd555af87bccde3d16c9168]
Deposit Account Must Always Have Sufficient Funds
Note:
An amount sufficient to cover all fees, services, and copies requested must always be on deposit in the account.

(a) For the convenience of attorneys, and the general public in paying any fees due, in ordering services offered by the Office, copies of records, etc., deposit accounts may be established in the Patent and Trademark Office upon payment of the fee for establishing a deposit account § 1.21(b)(1). A minimum deposit of $1,000 is required for paying any fee due or in ordering any services offered by the Office. However, a minimum deposit of $300 may be paid to establish a restricted subscription deposit account used exclusively for subscription order of patent copies as issued. At the end of each month, a deposit account statement will be rendered. A remittance must be made promptly upon receipt of the statement to cover the value of items or services charged to the account and thus restore the account to its established normal deposit value. An amount sufficient to cover all fees, services, copies, etc., requested must always be on deposit. Charges to accounts with insufficient funds will not be accepted. A service charge (§ 1.21(b)(2)) will be assessed for each month that the balance at the end of the month is below $1,000. For restricted subscription deposit accounts, a service charge (§ 1.21(b)(3)) will be assessed for each month that the balance at the end of the month is below $300.

Jump to MPEP Source · 37 CFR 1.21(b)(1)Maintenance Fee AmountsFee Payment MethodsMiscellaneous Fees
StatutoryInformativeAlways
[mpep-509-01-8e965b1c1a9e64ffc64583aa]
Name Variations for Authorized Fee Payers
Note:
Office personnel will accept variations of the given name as long as the last name matches the authorized fee payer’s last name.

Authorized users for a deposit account must be listed in Financial Manager as authorized fee payers. Office personnel will accept obvious variations of the given name (first name or middle name) provided that the last or family name matches the authorized fee payer’s last name. Where the fee payer’s last name in a signed fee authorization document does not match any of the authorized fee payers for the deposit account which is being relied upon to pay a fee, the fee payment may be delayed or rejected.

Jump to MPEP Source · 37 CFR 1.25Maintenance Fee AmountsFee RequirementsFee Payment Methods
Topic

Reexamination Filing Fee

2 rules
StatutoryInformativeAlways
[mpep-509-01-6f6f712a0f2dd989634e1cae]
Transmittal Fee Authorization Only
Note:
A general authorization to charge fees in an international design application is limited to the transmittal fee.

(b) Filing, issue, appeal, international-type search report, international application processing, international design application fees, petition, and post-issuance fees may be charged against these accounts if sufficient funds are on deposit to cover such fees. A general authorization to charge all fees, or only certain fees, set forth in §§ 1.16 through 1.18 to a deposit account containing sufficient funds may be filed in an individual application, either for the entire pendency of the application or with a particular paper filed. A general authorization to charge fees in an international design application set forth in § 1.1031 will only be effective for the transmittal fee (§ 1.1031(a)). An authorization to charge fees under § 1.16 in an international application entering the national stage under 35 U.S.C. 371 will be treated as an authorization to charge fees under § 1.492. An authorization to charge fees set forth in § 1.18 to a deposit account is subject to the provisions of § 1.311(b). An authorization to charge to a deposit account the fee for a request for reexamination pursuant to § 1.510 or 1.913 and any other fees required in a reexamination proceeding in a patent may also be filed with the request for reexamination, and an authorization to charge to a deposit account the fee for a request for supplemental examination pursuant to § 1.610 and any other fees required in a supplemental examination proceeding in a patent may also be filed with the request for supplemental examination. An authorization to charge a fee to a deposit account will not be considered payment of the fee on the date the authorization to charge the fee is effective as to the particular fee to be charged unless sufficient funds are present in the account to cover the fee.

Jump to MPEP Source · 37 CFR 1.16Reexamination Filing FeeInternational Design Application FeesInternational Stage Fees
StatutoryInformativeAlways
[mpep-509-01-800d39d0f5630196b71a2399]
Authorization to Charge Fees Requires Sufficient Funds
Note:
An authorization to charge a fee from a deposit account is not considered payment unless the account has sufficient funds.

(b) Filing, issue, appeal, international-type search report, international application processing, international design application fees, petition, and post-issuance fees may be charged against these accounts if sufficient funds are on deposit to cover such fees. A general authorization to charge all fees, or only certain fees, set forth in §§ 1.16 through 1.18 to a deposit account containing sufficient funds may be filed in an individual application, either for the entire pendency of the application or with a particular paper filed. A general authorization to charge fees in an international design application set forth in § 1.1031 will only be effective for the transmittal fee (§ 1.1031(a)). An authorization to charge fees under § 1.16 in an international application entering the national stage under 35 U.S.C. 371 will be treated as an authorization to charge fees under § 1.492. An authorization to charge fees set forth in § 1.18 to a deposit account is subject to the provisions of § 1.311(b). An authorization to charge to a deposit account the fee for a request for reexamination pursuant to § 1.510 or 1.913 and any other fees required in a reexamination proceeding in a patent may also be filed with the request for reexamination, and an authorization to charge to a deposit account the fee for a request for supplemental examination pursuant to § 1.610 and any other fees required in a supplemental examination proceeding in a patent may also be filed with the request for supplemental examination. An authorization to charge a fee to a deposit account will not be considered payment of the fee on the date the authorization to charge the fee is effective as to the particular fee to be charged unless sufficient funds are present in the account to cover the fee.

Jump to MPEP Source · 37 CFR 1.16Reexamination Filing FeeInternational Design Application FeesNational Stage Entry Requirements
Topic

Mandatory Application Elements

2 rules
StatutoryRequiredAlways
[mpep-509-01-b17854a7a9f2931a2904db45]
Authorization for Reexamination and Supplemental Examination Fees
Note:
Allows filing an authorization to charge fees related to reexaminations and supplemental examinations with the request.

(b) Filing, issue, appeal, international-type search report, international application processing, international design application fees, petition, and post-issuance fees may be charged against these accounts if sufficient funds are on deposit to cover such fees. A general authorization to charge all fees, or only certain fees, set forth in §§ 1.16 through 1.18 to a deposit account containing sufficient funds may be filed in an individual application, either for the entire pendency of the application or with a particular paper filed. A general authorization to charge fees in an international design application set forth in § 1.1031 will only be effective for the transmittal fee (§ 1.1031(a)). An authorization to charge fees under § 1.16 in an international application entering the national stage under 35 U.S.C. 371 will be treated as an authorization to charge fees under § 1.492. An authorization to charge fees set forth in § 1.18 to a deposit account is subject to the provisions of § 1.311(b). An authorization to charge to a deposit account the fee for a request for reexamination pursuant to § 1.510 or 1.913 and any other fees required in a reexamination proceeding in a patent may also be filed with the request for reexamination, and an authorization to charge to a deposit account the fee for a request for supplemental examination pursuant to § 1.610 and any other fees required in a supplemental examination proceeding in a patent may also be filed with the request for supplemental examination. An authorization to charge a fee to a deposit account will not be considered payment of the fee on the date the authorization to charge the fee is effective as to the particular fee to be charged unless sufficient funds are present in the account to cover the fee.

Jump to MPEP Source · 37 CFR 1.16Mandatory Application ElementsReexamination Filing FeeInternational Design Application Fees
StatutoryRequiredAlways
[mpep-509-01-6755ba053dee127ab5ca2bc2]
Non-Transmittal International Fees Not Required for Indirect Filing
Note:
The international fees, except the transmittal fee, do not need to be paid when filing indirectly.

37 CFR 1.25(b) sets forth that fees in an international design application may be charged to a deposit account. A general authorization to charge fees in an international design application set forth in 37 CFR 1.1031 will only be effective for the transmittal fee (37 CFR 1.1031(a)). The international fees set forth in 37 CFR 1.1031, other than the transmittal fee set forth in 37 CFR 1.1031(a), are not required to be paid to the Office as an office of indirect filing. See 37 CFR 1.1031(d).

Jump to MPEP Source · 37 CFR 1.25(b)Mandatory Application ElementsInternational Design Application FeesContents of Application
Topic

International Searching Authority (ISA)

1 rules
StatutoryPermittedAlways
[mpep-509-01-b869566023a9d6850bb65490]
Authorization to Charge Fees for International Applications and Patents
Note:
Permits charging filing, issue, appeal, and other fees related to international applications and patents from deposit accounts if sufficient funds are available.

(b) Filing, issue, appeal, international-type search report, international application processing, international design application fees, petition, and post-issuance fees may be charged against these accounts if sufficient funds are on deposit to cover such fees. A general authorization to charge all fees, or only certain fees, set forth in §§ 1.16 through 1.18 to a deposit account containing sufficient funds may be filed in an individual application, either for the entire pendency of the application or with a particular paper filed. A general authorization to charge fees in an international design application set forth in § 1.1031 will only be effective for the transmittal fee (§ 1.1031(a)). An authorization to charge fees under § 1.16 in an international application entering the national stage under 35 U.S.C. 371 will be treated as an authorization to charge fees under § 1.492. An authorization to charge fees set forth in § 1.18 to a deposit account is subject to the provisions of § 1.311(b). An authorization to charge to a deposit account the fee for a request for reexamination pursuant to § 1.510 or 1.913 and any other fees required in a reexamination proceeding in a patent may also be filed with the request for reexamination, and an authorization to charge to a deposit account the fee for a request for supplemental examination pursuant to § 1.610 and any other fees required in a supplemental examination proceeding in a patent may also be filed with the request for supplemental examination. An authorization to charge a fee to a deposit account will not be considered payment of the fee on the date the authorization to charge the fee is effective as to the particular fee to be charged unless sufficient funds are present in the account to cover the fee.

Jump to MPEP Source · 37 CFR 1.16International Searching Authority (ISA)International Search ReportSearch in National Stage
Topic

Processing Fees

1 rules
StatutoryInformativeAlways
[mpep-509-01-cbcc2008111181162f6f33a2]
Processing Fee Not Charged Except For Refunds
Note:
Fees under 37 CFR 1.19, 1.20, and 1.21 cannot be charged unless a check or credit card payment is refused or charged back.

Many applications contain broad language authorizing any additional fees which might have been due to be charged to a deposit account. The U.S. Patent and Trademark Office will interpret such broad authorizations to include authorization to charge to a deposit account fees set forth in 37 CFR 1.16, and 1.17. Fees under 37 CFR 1.19, 1.20, and 1.21 will not be charged as a result of a general authorization under 37 CFR 1.25 except to cover the processing fee under 37 CFR 1.21(m) in the event a check or credit card payment is refused or charged back by a financial institution. Fees under 37 CFR 1.18 will not be charged as a result of a preauthorization of issue fee payment.

Jump to MPEP Source · 37 CFR 1.16Processing FeesDocument Supply FeesPost-Issuance & Maintenance Fees
Topic

International Design Application Fees

1 rules
StatutoryInformativeAlways
[mpep-509-01-d2455357b57cb54ceca47528]
Transmittal Fee Authorization Only
Note:
A general authorization to charge fees is only effective for the transmittal fee in an international design application.

37 CFR 1.25(b) sets forth that fees in an international design application may be charged to a deposit account. A general authorization to charge fees in an international design application set forth in 37 CFR 1.1031 will only be effective for the transmittal fee (37 CFR 1.1031(a)). The international fees set forth in 37 CFR 1.1031, other than the transmittal fee set forth in 37 CFR 1.1031(a), are not required to be paid to the Office as an office of indirect filing. See 37 CFR 1.1031(d).

Jump to MPEP Source · 37 CFR 1.25(b)International Design Application FeesInternational Design Application FilingInternational Design Application Requirements
Topic

Certified Copies of Documents

1 rules
StatutoryRequiredAlways
[mpep-509-01-bc59c6f4b1dff80f802f16bf]
General Authorization Excludes Document Supply Fees
Note:
A general authorization does not cover fees for certified copies, maintenance fees, and assignment recording fees as specified in 37 CFR sections.

In addition, a general authorization does not apply to document supply fees under 37 CFR 1.19, such as those required for certified copies, to post issuance fees under 37 CFR 1.20, such as those required for maintenance fees, or to miscellaneous fees and charges under 37 CFR 1.21, such as assignment recording fees.

Jump to MPEP Source · 37 CFR 1.19Certified Copies of Documents
Topic

Fee Requirements

1 rules
StatutoryInformativeAlways
[mpep-509-01-49d9ed9b93be8e094aee1723]
How to Mail Deposit Account Payment
Note:
This rule specifies how a deposit account holder should mail a payment to the United States Patent and Trademark Office to replenish their deposit account.

37 CFR 1.25(c) specifies how a deposit account holder may submit a payment to the Office to replenish the deposit account. A payment to replenish a deposit account may be submitted by:

(C) mailing the payment to: Mail Stop Deposit Accounts, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.

Jump to MPEP Source · 37 CFR 1.25(c)Fee RequirementsMaintenance Fee PaymentFee Payment Methods

Citations

Primary topicCitation
Filing, Search & Examination Fees
International Searching Authority (ISA)
Issue Fees
Mandatory Application Elements
National Stage Fees
Reexamination Filing Fee
35 U.S.C. § 371
Fee Payment Methods
Filing, Search & Examination Fees
International Design Application Fees
International Searching Authority (ISA)
Issue Fees
Mandatory Application Elements
National Stage Fees
Reexamination Filing Fee
37 CFR § 1.1031
Fee Payment Methods
Filing, Search & Examination Fees
International Design Application Fees
International Searching Authority (ISA)
Issue Fees
Mandatory Application Elements
National Stage Fees
Reexamination Filing Fee
37 CFR § 1.1031(a)
Fee Payment Methods
International Design Application Fees
Mandatory Application Elements
37 CFR § 1.1031(d)
Fee Payment Methods
Filing, Search & Examination Fees
International Searching Authority (ISA)
Issue Fees
Mandatory Application Elements
National Stage Fees
Processing Fees
Reexamination Filing Fee
37 CFR § 1.16
Fee Payment Methods
Filing, Search & Examination Fees
37 CFR § 1.16(a)
Fee Payment Methods
Filing, Search & Examination Fees
37 CFR § 1.16(f)
Filing, Search & Examination Fees37 CFR § 1.16(t)
Fee Payment Methods
Filing, Search & Examination Fees
International Searching Authority (ISA)
Issue Fees
Mandatory Application Elements
National Stage Fees
Processing Fees
Reexamination Filing Fee
37 CFR § 1.18
Certified Copies of Documents
Fee Payment Methods
Filing, Search & Examination Fees
Issue Fees
Processing Fees
37 CFR § 1.19
Certified Copies of Documents37 CFR § 1.20
Certified Copies of Documents37 CFR § 1.21
Fee Payment Methods
Maintenance Fee Amounts
Miscellaneous Fees
37 CFR § 1.21(b)(1)
Fee Payment Methods
Maintenance Fee Amounts
Miscellaneous Fees
37 CFR § 1.21(b)(2)
Fee Payment Methods
Maintenance Fee Amounts
Miscellaneous Fees
37 CFR § 1.21(b)(3)
Fee Payment Methods
Filing, Search & Examination Fees
Issue Fees
Miscellaneous Fees
Processing Fees
37 CFR § 1.21(m)
Fee Payment Methods
Filing, Search & Examination Fees
Issue Fees
Processing Fees
37 CFR § 1.25
Fee Payment Methods
International Design Application Fees
Issue Fees
Mandatory Application Elements
National Stage Fees
37 CFR § 1.25(b)
Fee Payment Methods
Fee Requirements
37 CFR § 1.25(c)
Filing, Search & Examination Fees
International Searching Authority (ISA)
Issue Fees
Mandatory Application Elements
National Stage Fees
Reexamination Filing Fee
37 CFR § 1.311(b)
Filing, Search & Examination Fees
International Searching Authority (ISA)
Issue Fees
Mandatory Application Elements
National Stage Fees
Reexamination Filing Fee
37 CFR § 1.492
National Stage Fees37 CFR § 1.495
Filing, Search & Examination Fees
International Searching Authority (ISA)
Issue Fees
Mandatory Application Elements
National Stage Fees
Reexamination Filing Fee
37 CFR § 1.510
Fee Payment Methods
Filing, Search & Examination Fees
37 CFR § 1.53(b)
Filing, Search & Examination Fees
International Searching Authority (ISA)
Issue Fees
Mandatory Application Elements
National Stage Fees
Reexamination Filing Fee
37 CFR § 1.610
Filing, Search & Examination Fees
Issue Fees
MPEP § 1306
MPEP § 607.02

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