37 CFR § 1.18 — Patent post allowance (including issue) (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.18, including 101 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Summary

This section covers post allowance fees related to patent issuance, specifically requiring an authorization to charge these fees to a deposit account only after the mailing of the notice of allowance.

What this section covers

Defines post allowance fees and their relation to patent issuance.

Key obligations

Requires filing an authorization to charge post allowance fees, including issue fees, to a deposit account after the notice of allowance is mailed.
Ensures that any deposit account authorization is properly set up and filed in a timely manner.
States that filing an authorization to charge post allowance fees, including issue fees, to a deposit account is required after the notice of allowance.

Practice notes

Practitioners should ensure the deposit account is correctly identified and filed in a timely manner to avoid delays.
Avoid delays in filing the authorization after receiving notice of allowance to ensure timely payment of post allowance fees.

Authorization for Additional Fees on Deposit AccountsMPEP 509.01
Deposit Account Fees Include 37 CFR 1.16 and 1.17 FeesMPEP 509.01
Processing Fee Not Charged Except For RefundsMPEP 509.01
Fee Required for Deferring ExaminationMPEP 1002
Publication Fee Must Be Paid Before Granting PatentMPEP 1120Required
Publication Fee Due on Notice of AllowanceMPEP 1120Required
Three-Month Publication Fee Deadline Not ExtendableMPEP 1120
Refund of Publication Fee If Not PublishedMPEP 1120
Publication Fee Must Be Paid Before Patent GrantMPEP 1126Required
Publication Fee Required with Notice of AllowanceMPEP 1126Required
No Publication Fee Required for Abandoned ApplicationsMPEP 1126Required
Publication Fee Not Discounted for Small EntitiesMPEP 1126
Publication Fee Must Be Paid Within Three MonthsMPEP 1126Required
Publication Fee Must Be Paid Within Three MonthsMPEP 1126
Publication Fee Must Be Paid Before IssueMPEP 1126Required
Pre-Grant Publication Until Patent IssuesMPEP 1126
Pre-Grant Publication Until Patent IssuanceMPEP 1126Prohibited
Publication Fee Not Refunded If PatentedMPEP 1126
Publication Fee Due at IssueMPEP 1126
No Publication Fee Required After January 1, 2014MPEP 1126
Request for Early Patent Application PublicationMPEP 1129Permitted
Publication Fee Required for Early Publication RequestMPEP 1129Required
Application Must Comply with Electronic Filing System for Early PublicationMPEP 1129
Requirement for Application Copy and FeesMPEP 1130Required
Publication Fee Refund If Application Does Not Meet RequirementsMPEP 1130
Requirement for Application Copy and FeesMPEP 1133Required
Application Publication Fee Refunded If NoncompliantMPEP 1133
Authorization to Charge Fees Must Be Filed Post-AllowanceMPEP 1303Permitted
Issue Fee for Reissue PatentMPEP 1415
Fee for Issuing Design Reissue Patent SetMPEP 1457
Search and Examination Fees for Design Reissue ApplicationMPEP 1509
Fee for Issuing Reissue Design Patent RequiredMPEP 1509
Request for Patent Term Adjustment Must Be Filed Within Two MonthsMPEP 2734Required
Patent Term Adjustment Reconsideration Deadline ExtendableMPEP 2734
Redetermination of Patent Term Adjustment When Amount ChangesMPEP 2734
Redetermination of Patent Term Adjustment Not Reconsideration RequestMPEP 2734
Two-Month Period for Reconsideration of PTA RedeterminationMPEP 2734
No Additional Fee for Redetermined Patent Term AdjustmentMPEP 2734Required
Two-Month PTA Reconsideration Period ExtendableMPEP 2734
Request for Reinstatement of PTA Reduction Due to Delayed ReplyMPEP 2734Required
Request for Reinstatement Beyond Three Months Not AllowedMPEP 2734Prohibited
Request for Reinstatement Must Be Filed Before Patent IssuanceMPEP 2734
Request for Reinstatement Must Be Filed Before Patent IssuedMPEP 2734
Request for Reinstatement Cannot Be Part of Request for ReconsiderationMPEP 2734Prohibited
Request for Reinstatement Due to Late ReplyMPEP 2734
Prompt Request for Reinstatement Before Patent IssuanceMPEP 2734Required
No Need to Review PTA Calculation for ReinstatementMPEP 2734
Request for Reconsideration After Patent IssuanceMPEP 2734
Interim Procedure for Safe Harbor Statement Recalculation Before July 17, 2023MPEP 2734Permitted
Fee Waived for Requesting PTA RecalculationMPEP 2734
Interim Procedure Not Applicable After July 17, 2023MPEP 2734
Patent Term Adjustment Must Be Reconsidered If Not Based on Safe Harbor StatementMPEP 2734Required
Both PTO/SB/134 and 37 CFR 1.705(b) Request Together as ReconsiderationMPEP 2734
PTA Fee Not Waived for Reconsideration RequestsMPEP 2734Required
Preauthorization for Issue Fees Not ChargedMPEP 509.01
Authorization for Issue Fee to Deposit Account After Allowance NoticeMPEP 509.01Permitted
Authorization for Issue Fees Requires Mailing of Notice of AllowanceMPEP 509.01
60% Fee Reduction for Small EntitiesMPEP 509.02
Small Entity Search Fee Discount Effective April 1, 2023MPEP 509.02
Discount for International Design Applications Starting May 1, 2023MPEP 509.02Permitted
Discounts for Micro Entities Effective March 19, 2013MPEP 509.04
Increase in Micro Entity Fee Discounts Effective December 29, 2022MPEP 509.04
Increase in Micro Entity Issue Fee Discount for International Design ApplicationsMPEP 509.04Permitted
Micro Entity Discounts for PCT Fees Effective April 1, 2023MPEP 509.04
Request for Track One Prioritized Examination Must Comply with Specific Requirements and FeesMPEP 708.01Prohibited
Request for Prioritized Examination Must Be Filed With Original Utility or Plant Nonprovisional ApplicationMPEP 708.01Permitted
Specification Must Include Claim and DrawingMPEP 708.01Required
Utility Application Must Be Filed ElectronicallyMPEP 708.01Required
Filing Requirements for Plant ApplicationsMPEP 708.01Required
Amendment to Cancel Claims Must Be Filed Within One MonthMPEP 708.01Required
One-Month Time Limit for Amending ClaimsMPEP 708.01
Request for Track One Prioritized Examination Must Comply with Requirements and FeesMPEP 708.02Prohibited
Request for Prioritized Examination Must Comply with RequirementsMPEP 708.02Permitted
Specification Must Include Claim, Drawing, and Oath/DeclarationMPEP 708.02Required
Utility Application Must Be Filed ElectronicallyMPEP 708.02Required
Filing Requirements for Plant ApplicationsMPEP 708.02Required
Amendment to Cancel Claims Required Within One MonthMPEP 708.02Required
One-Month Time Period for Amending Claims Is Not ExtendableMPEP 708.02
Nonpublication Request with Prioritized ExaminationMPEP 708.02(b)Required
Refund of Publication Fee if Application Not PublishedMPEP 708.02(b)Permitted
Publication Fee Must Be Paid With ApplicationMPEP 708.02(b)Required
USPTO Fee Can Be Set to $0MPEP 708.02(b)Permitted
Deferral of Examination Request Must Include Fees and Meet ConditionsMPEP 709Required
Office Has Not Issued Office Action or Notice of Allowance Required for DeferralMPEP 709

Publication Fee Must Be Paid Before Granting PatentMPEP 1120Required
Publication Fee Due on Notice of AllowanceMPEP 1120Required
Publication Fee Must Be Paid Before Patent GrantMPEP 1126Required
Publication Fee Required with Notice of AllowanceMPEP 1126Required
No Publication Fee Required for Abandoned ApplicationsMPEP 1126Required
Publication Fee Must Be Paid Within Three MonthsMPEP 1126Required
Publication Fee Must Be Paid Before IssueMPEP 1126Required
Publication Fee Required for Early Publication RequestMPEP 1129Required
Early Publication Fee Waived at AllowanceMPEP 1129Required
Requirement for Application Copy and FeesMPEP 1130Required
Requirement for Application Copy and FeesMPEP 1133Required
Issue Fee Can Be Paid Via Deposit Account or Credit CardMPEP 1306Required
Request for Patent Term Adjustment Must Be Filed Within Two MonthsMPEP 2734Required
No Additional Fee for Redetermined Patent Term AdjustmentMPEP 2734Required
Request for Reinstatement of PTA Reduction Due to Delayed ReplyMPEP 2734Required
Prompt Request for Reinstatement Before Patent IssuanceMPEP 2734Required
Patent Term Adjustment Must Be Reconsidered If Not Based on Safe Harbor StatementMPEP 2734Required
PTA Fee Not Waived for Reconsideration RequestsMPEP 2734Required
Issue Fee Must Be Paid in Swiss CurrencyMPEP 2920.06Required
Change of Entity Status Must Be CommunicatedMPEP 2920.06Required
Specification Must Include Claim and DrawingMPEP 708.01Required
Utility Application Must Be Filed ElectronicallyMPEP 708.01Required
Filing Requirements for Plant ApplicationsMPEP 708.01Required
Amendment to Cancel Claims Must Be Filed Within One MonthMPEP 708.01Required
Specification Must Include Claim, Drawing, and Oath/DeclarationMPEP 708.02Required
Utility Application Must Be Filed ElectronicallyMPEP 708.02Required
Filing Requirements for Plant ApplicationsMPEP 708.02Required
Amendment to Cancel Claims Required Within One MonthMPEP 708.02Required
Nonpublication Request with Prioritized ExaminationMPEP 708.02(b)Required
Publication Fee Must Be Paid With ApplicationMPEP 708.02(b)Required
Deferral of Examination Request Must Include Fees and Meet ConditionsMPEP 709Required

Request for Early Publication Before 18 MonthsMPEP 1129Permitted
Application Can Be Published Soon If ReadyMPEP 1129
Application Must Be Complete Before PublicationMPEP 1129
Office Will Not Consider Specific Publication DatesMPEP 1129
Designation Fee Must Be Paid in Two Parts Upon Filing and AllowanceMPEP 2910
First Part of US Designation Fee Comprises Basic Filing, Search, and Examination Fees in Swiss CurrencyMPEP 2910
Issue Fee Must Be Paid After AllowanceMPEP 2910
Discount for Small and Micro Entities on US Designation FeesMPEP 2910
Payment of Small Entity First Part Fee Asserts StatusMPEP 2910
Micro Entity Certification Must Be Signed By Authorized Representative Before International BureauMPEP 2910Permitted
Issue Fee Can Be Paid Directly or Through International BureauMPEP 2920.06Permitted
Issue Fee Must Be Paid in Swiss CurrencyMPEP 2920.06
Payment Must Match Entity Status IndicatedMPEP 2920.06

MPEP Section	Rules
MPEP § 1002	Fee Required for Deferring ExaminationMPEP 1002
MPEP § 1120	Publication Fee Must Be Paid Before Granting PatentMPEP 1120Required Publication Fee Due on Notice of AllowanceMPEP 1120Required Three-Month Publication Fee Deadline Not ExtendableMPEP 1120 Refund of Publication Fee If Not PublishedMPEP 1120
MPEP § 1126	Publication Fee Must Be Paid Before Patent GrantMPEP 1126Required Publication Fee Required with Notice of AllowanceMPEP 1126Required No Publication Fee Required for Abandoned ApplicationsMPEP 1126Required Publication Fee Not Discounted for Small EntitiesMPEP 1126 Publication Fee Must Be Paid Within Three MonthsMPEP 1126Required Publication Fee Must Be Paid Within Three MonthsMPEP 1126 Publication Fee Must Be Paid Before IssueMPEP 1126Required Pre-Grant Publication Until Patent IssuesMPEP 1126 Pre-Grant Publication Until Patent IssuanceMPEP 1126Prohibited Publication Fee Not Refunded If PatentedMPEP 1126 Publication Fee Due at IssueMPEP 1126 No Publication Fee Required After January 1, 2014MPEP 1126
MPEP § 1129	Request for Early Patent Application PublicationMPEP 1129Permitted Publication Fee Required for Early Publication RequestMPEP 1129Required Application Must Comply with Electronic Filing System for Early PublicationMPEP 1129 Request for Early Publication Before 18 MonthsMPEP 1129Permitted Application Can Be Published Soon If ReadyMPEP 1129 Application Must Be Complete Before PublicationMPEP 1129 Office Will Not Consider Specific Publication DatesMPEP 1129 Early Publication Fee Waived at AllowanceMPEP 1129Required
MPEP § 1130	Requirement for Application Copy and FeesMPEP 1130Required Publication Fee Refund If Application Does Not Meet RequirementsMPEP 1130
MPEP § 1133	Requirement for Application Copy and FeesMPEP 1133Required Application Publication Fee Refunded If NoncompliantMPEP 1133
MPEP § 1303	Authorization to Charge Fees Must Be Filed Post-AllowanceMPEP 1303Permitted
MPEP § 1306	Issue Fee Can Be Paid Via Deposit Account or Credit CardMPEP 1306Required
MPEP § 1415	Issue Fee for Reissue PatentMPEP 1415
MPEP § 1457	Fee for Issuing Design Reissue Patent SetMPEP 1457
MPEP § 1509	Search and Examination Fees for Design Reissue ApplicationMPEP 1509 Fee for Issuing Reissue Design Patent RequiredMPEP 1509
MPEP § 2734	Request for Patent Term Adjustment Must Be Filed Within Two MonthsMPEP 2734Required Patent Term Adjustment Reconsideration Deadline ExtendableMPEP 2734 Redetermination of Patent Term Adjustment When Amount ChangesMPEP 2734 Redetermination of Patent Term Adjustment Not Reconsideration RequestMPEP 2734 Two-Month Period for Reconsideration of PTA RedeterminationMPEP 2734 No Additional Fee for Redetermined Patent Term AdjustmentMPEP 2734Required Two-Month PTA Reconsideration Period ExtendableMPEP 2734 Request for Reinstatement of PTA Reduction Due to Delayed ReplyMPEP 2734Required Request for Reinstatement Beyond Three Months Not AllowedMPEP 2734Prohibited Request for Reinstatement Must Be Filed Before Patent IssuanceMPEP 2734 Request for Reinstatement Must Be Filed Before Patent IssuedMPEP 2734 Request for Reinstatement Cannot Be Part of Request for ReconsiderationMPEP 2734Prohibited Request for Reinstatement Due to Late ReplyMPEP 2734 Prompt Request for Reinstatement Before Patent IssuanceMPEP 2734Required No Need to Review PTA Calculation for ReinstatementMPEP 2734 Request for Reconsideration After Patent IssuanceMPEP 2734 Interim Procedure for Safe Harbor Statement Recalculation Before July 17, 2023MPEP 2734Permitted Fee Waived for Requesting PTA RecalculationMPEP 2734 Interim Procedure Not Applicable After July 17, 2023MPEP 2734 Patent Term Adjustment Must Be Reconsidered If Not Based on Safe Harbor StatementMPEP 2734Required Both PTO/SB/134 and 37 CFR 1.705(b) Request Together as ReconsiderationMPEP 2734 PTA Fee Not Waived for Reconsideration RequestsMPEP 2734Required
MPEP § 2910	Designation Fee Must Be Paid in Two Parts Upon Filing and AllowanceMPEP 2910 First Part of US Designation Fee Comprises Basic Filing, Search, and Examination Fees in Swiss CurrencyMPEP 2910 Issue Fee Must Be Paid After AllowanceMPEP 2910 Discount for Small and Micro Entities on US Designation FeesMPEP 2910 Payment of Small Entity First Part Fee Asserts StatusMPEP 2910 Micro Entity Certification Must Be Signed By Authorized Representative Before International BureauMPEP 2910Permitted
MPEP § 2920.06	Issue Fee Can Be Paid Directly or Through International BureauMPEP 2920.06Permitted Issue Fee Must Be Paid in Swiss CurrencyMPEP 2920.06Required Issue Fee Must Be Paid in Swiss CurrencyMPEP 2920.06 Payment Must Match Entity Status IndicatedMPEP 2920.06 Change of Entity Status Must Be CommunicatedMPEP 2920.06Required
MPEP § 509.01	Authorization for Additional Fees on Deposit AccountsMPEP 509.01 Deposit Account Fees Include 37 CFR 1.16 and 1.17 FeesMPEP 509.01 Processing Fee Not Charged Except For RefundsMPEP 509.01 Preauthorization for Issue Fees Not ChargedMPEP 509.01 Authorization for Issue Fee to Deposit Account After Allowance NoticeMPEP 509.01Permitted Authorization for Issue Fees Requires Mailing of Notice of AllowanceMPEP 509.01
MPEP § 509.02	60% Fee Reduction for Small EntitiesMPEP 509.02 Small Entity Search Fee Discount Effective April 1, 2023MPEP 509.02 Discount for International Design Applications Starting May 1, 2023MPEP 509.02Permitted
MPEP § 509.04	Discounts for Micro Entities Effective March 19, 2013MPEP 509.04 Increase in Micro Entity Fee Discounts Effective December 29, 2022MPEP 509.04 Increase in Micro Entity Issue Fee Discount for International Design ApplicationsMPEP 509.04Permitted Micro Entity Discounts for PCT Fees Effective April 1, 2023MPEP 509.04
MPEP § 708.01	Request for Track One Prioritized Examination Must Comply with Specific Requirements and FeesMPEP 708.01Prohibited Request for Prioritized Examination Must Be Filed With Original Utility or Plant Nonprovisional ApplicationMPEP 708.01Permitted Specification Must Include Claim and DrawingMPEP 708.01Required Utility Application Must Be Filed ElectronicallyMPEP 708.01Required Filing Requirements for Plant ApplicationsMPEP 708.01Required Amendment to Cancel Claims Must Be Filed Within One MonthMPEP 708.01Required One-Month Time Limit for Amending ClaimsMPEP 708.01
MPEP § 708.02	Request for Track One Prioritized Examination Must Comply with Requirements and FeesMPEP 708.02Prohibited Request for Prioritized Examination Must Comply with RequirementsMPEP 708.02Permitted Specification Must Include Claim, Drawing, and Oath/DeclarationMPEP 708.02Required Utility Application Must Be Filed ElectronicallyMPEP 708.02Required Filing Requirements for Plant ApplicationsMPEP 708.02Required Amendment to Cancel Claims Required Within One MonthMPEP 708.02Required One-Month Time Period for Amending Claims Is Not ExtendableMPEP 708.02
MPEP § 708.02(b)	Nonpublication Request with Prioritized ExaminationMPEP 708.02(b)Required Refund of Publication Fee if Application Not PublishedMPEP 708.02(b)Permitted Publication Fee Must Be Paid With ApplicationMPEP 708.02(b)Required USPTO Fee Can Be Set to $0MPEP 708.02(b)Permitted
MPEP § 709	Deferral of Examination Request Must Include Fees and Meet ConditionsMPEP 709Required Office Has Not Issued Office Action or Notice of Allowance Required for DeferralMPEP 709

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

37 CFR § 1.18 — Patent post allowance (including issue) (MPEP Coverage Index) – BlueIron IP

37 CFR § 1.18 Patent post allowance (including issue)

Summary

Official MPEP § 1.18 — Patent post allowance (including issue)

1.18 Patent post allowance (including issue) fees.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions