37 CFR § 1.316 — Application abandoned for failure to pay issue (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.316 Application abandoned for failure to pay issue
This page consolidates MPEP guidance interpreting 37 CFR § 1.316, including 3 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 details the requirement for later-filed applications to be filed before an earlier application is abandoned due to failure to pay fees, ensuring copending status and timely compliance.
What this section covers
- Defines the scenario where a prior nonprovisional application is abandoned and how a later-filed application can claim its benefit.
Key obligations
- Requires the later application to be filed before the abandonment of the prior application due to failure to pay fees.
- Ensures timely filing and payment of any required fees to maintain copending status.
Practice notes
- Practitioners should ensure the later application is filed before abandonment to claim copending status.
- Timely payment of fees is crucial to avoid abandonment and maintain copending status.
Official MPEP § 1.316 — Application abandoned for failure to pay issue
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.316 Application abandoned for failure to pay issue fee.
If the issue fee is not paid within three months from the date of the notice of allowance, the application will be regarded as abandoned. Such an abandoned application will not be considered as pending before the Patent and Trademark Office.
[47 FR 41272, Sept. 17, 1982, effective date Oct. 1, 1982; paras. (b)-(d) amended, paras. (e) and (f) added, 58 FR 44277, Aug. 20, 1993, effective Sept. 20, 1993; para. (d) revised, 60 FR 20195, Apr. 25, 1995, effective June 8, 1995; revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997]