37 CFR § 1.25 — Deposit accounts. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.25 Deposit accounts.
This page consolidates MPEP guidance interpreting 37 CFR § 1.25, including 89 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
Methods of Payment : Deposit accounts can be used to pay maintenance fees and surcharges by authorizing the immediate charging of these fees.
What this section covers
- Defines deposit accounts for paying patent fees, including methods of payment and authorization requirements.
- Focuses on the core topic of deposit accounts for fee payments, including establishment and authorization processes.
Key obligations
- Establish a deposit account for fee payments.
- Obtain authorization to charge the deposit account, ensuring immediate charging of maintenance fees.
- Ensure compliance with authorization requirements and avoid surcharges for insufficient funds or delayed payments.
Practice notes
- Ensure the deposit account is properly established and authorized before submission.
- Verify the deposit account details to avoid common pitfalls like insufficient funds or unauthorized charges.
Official MPEP § 1.25 — Deposit accounts.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.25 Deposit 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. 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.
- (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 unless sufficient funds are present in the account to cover the fee.
- (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), or (c)(3) 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 Web site (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.
- (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:
[49 FR 553, Jan. 4, 1984, effective Apr. 1, 1984; 47 FR 41272, Sept. 17, 1982, effective Oct. 1,1982; 50 FR 31826, Aug. 6, 1985, effective Oct. 5, 1985; para. (b) revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; para (b) revised, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001; para. (b) revised, 67 FR 520, Jan. 4, 2002, effective Apr. 1, 2002; para. (c) added, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; para. (c)(2) revised, 69 FR 43751, July 22, 2004, effective Aug. 23, 2004; para. (c)(4) revised, 70 FR 56119, Sept. 26, 2005, effective Nov. 25, 2005; para. (c)(3) revised, para. (c)(4) removed, 73 FR 47534, Aug. 14, 2008, effective Oct. 2, 2008; para. (b) revised, 78 FR 62368, Oct. 21, 2013, effective Dec. 18, 2013; para. (b) revised, 80 FR 17918, Apr. 2, 2015, effective May 13, 2015; para. (c) introductory text and para. (c)(3) revised, 86 FR 35229, July 2, 2021, effective July 2, 2021]
- Appeals
- Appeal Notice
- Reply Brief
- Ex Parte Reexamination
- Reexamination Request
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- International Design
- Hague Principles
- Ida Filing
- Ida Requirements
- Ida Contents
- Maintenance Fee Late
- Late Payment Surcharge
- Patent Reinstatement
- Maintenance Fee Payment
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- Pct Fees
- Pct Filing
- Pct International Search
- Pct Request