Patent Law FAQ

If a nonprovisional patent application is filed without all required fees, the USPTO will send a notice to the applicant. According to the MPEP:

Filing dates are accorded to nonprovisional applications filed under 37 CFR 1.53(b) submitted without the… required fees (basic filing fee, and search and examination fees (for applications filed on or after December 8, 2004))… In such cases, a notice is mailed by OPAP requiring the appropriate fees… accompanied by a surcharge (37 CFR 1.16(f)).

The applicant will be given a time period (usually two months) to pay the missing fees and surcharge to avoid abandonment of the application.

When an application is filed with missing parts, the USPTO follows these procedures:

1. If the application meets minimum requirements for a filing date, it will be assigned one.
2. A Notice to File Missing Parts will be issued, detailing the missing items.
3. Applicants must submit missing items along with any required surcharges within the specified time period.
4. For applications filed on or after September 16, 2012, the inventor’s oath or declaration can be postponed until payment of the issue fee if a compliant application data sheet is filed.
5. For applications filed on or after December 18, 2013, filing of claims can be postponed until the expiration of the time period set in the Notice to File Missing Parts.

The MPEP states: ‘The inventor’s oath or declaration, basic filing fee, and search fee and examination fee as set forth in 37 CFR 1.16, may be filed later than the remaining application papers, but if so, they must be accompanied by the required surcharge (if appropriate, see MPEP § 506).’ (MPEP 503)

When an application is filed with missing parts, the USPTO follows these procedures:

1. If the application meets minimum requirements for a filing date, it will be assigned one.
2. A Notice to File Missing Parts will be issued, detailing the missing items.
3. Applicants must submit missing items along with any required surcharges within the specified time period.
4. For applications filed on or after September 16, 2012, the inventor’s oath or declaration can be postponed until payment of the issue fee if a compliant application data sheet is filed.
5. For applications filed on or after December 18, 2013, filing of claims can be postponed until the expiration of the time period set in the Notice to File Missing Parts.

The MPEP states: ‘The inventor’s oath or declaration, basic filing fee, and search fee and examination fee as set forth in 37 CFR 1.16, may be filed later than the remaining application papers, but if so, they must be accompanied by the required surcharge (if appropriate, see MPEP § 506).’ (MPEP 503)

If a nonprovisional patent application is filed without all required fees, the USPTO will send a notice to the applicant. According to the MPEP:

Filing dates are accorded to nonprovisional applications filed under 37 CFR 1.53(b) submitted without the… required fees (basic filing fee, and search and examination fees (for applications filed on or after December 8, 2004))… In such cases, a notice is mailed by OPAP requiring the appropriate fees… accompanied by a surcharge (37 CFR 1.16(f)).

The applicant will be given a time period (usually two months) to pay the missing fees and surcharge to avoid abandonment of the application.

If a nonprovisional patent application is filed without all required fees, the USPTO will send a notice to the applicant. According to the MPEP:

Filing dates are accorded to nonprovisional applications filed under 37 CFR 1.53(b) submitted without the… required fees (basic filing fee, and search and examination fees (for applications filed on or after December 8, 2004))… In such cases, a notice is mailed by OPAP requiring the appropriate fees… accompanied by a surcharge (37 CFR 1.16(f)).

The applicant will be given a time period (usually two months) to pay the missing fees and surcharge to avoid abandonment of the application.

When an application is filed with missing parts, the USPTO follows these procedures:

1. If the application meets minimum requirements for a filing date, it will be assigned one.
2. A Notice to File Missing Parts will be issued, detailing the missing items.
3. Applicants must submit missing items along with any required surcharges within the specified time period.
4. For applications filed on or after September 16, 2012, the inventor’s oath or declaration can be postponed until payment of the issue fee if a compliant application data sheet is filed.
5. For applications filed on or after December 18, 2013, filing of claims can be postponed until the expiration of the time period set in the Notice to File Missing Parts.

The MPEP states: ‘The inventor’s oath or declaration, basic filing fee, and search fee and examination fee as set forth in 37 CFR 1.16, may be filed later than the remaining application papers, but if so, they must be accompanied by the required surcharge (if appropriate, see MPEP § 506).’ (MPEP 503)

Yes, an oath or declaration can be filed after the application filing date. However, there are important considerations:

• A surcharge may be required if the oath or declaration is not present on the filing date.
• The application must be in condition for allowance before the oath or declaration is filed to avoid abandonment.
• The oath or declaration must still comply with 37 CFR 1.63, even if filed after the application date.

As stated in MPEP 602.01(a): “If an oath or declaration in compliance with 37 CFR 1.63, or a substitute statement in compliance with 37 CFR 1.64, executed by or with respect to each inventor has not been submitted at the time of filing, the Office will send a Notice to File Missing Parts of Nonprovisional Application indicating that the application lacks the oath or declaration and give a period of time within which to file the oath or declaration.”

To learn more:

• oath
• declaration
• filing date
• patent application
• surcharge

If a nonprovisional patent application is filed without all required fees, the USPTO will send a notice to the applicant. According to the MPEP:

Filing dates are accorded to nonprovisional applications filed under 37 CFR 1.53(b) submitted without the… required fees (basic filing fee, and search and examination fees (for applications filed on or after December 8, 2004))… In such cases, a notice is mailed by OPAP requiring the appropriate fees… accompanied by a surcharge (37 CFR 1.16(f)).

The applicant will be given a time period (usually two months) to pay the missing fees and surcharge to avoid abandonment of the application.

When an application is filed with missing parts, the USPTO follows these procedures:

1. If the application meets minimum requirements for a filing date, it will be assigned one.
2. A Notice to File Missing Parts will be issued, detailing the missing items.
3. Applicants must submit missing items along with any required surcharges within the specified time period.
4. For applications filed on or after September 16, 2012, the inventor’s oath or declaration can be postponed until payment of the issue fee if a compliant application data sheet is filed.
5. For applications filed on or after December 18, 2013, filing of claims can be postponed until the expiration of the time period set in the Notice to File Missing Parts.

The MPEP states: ‘The inventor’s oath or declaration, basic filing fee, and search fee and examination fee as set forth in 37 CFR 1.16, may be filed later than the remaining application papers, but if so, they must be accompanied by the required surcharge (if appropriate, see MPEP § 506).’ (MPEP 503)

Yes, an oath or declaration can be filed after the application filing date. However, there are important considerations:

• A surcharge may be required if the oath or declaration is not present on the filing date.
• The application must be in condition for allowance before the oath or declaration is filed to avoid abandonment.
• The oath or declaration must still comply with 37 CFR 1.63, even if filed after the application date.

As stated in MPEP 602.01(a): “If an oath or declaration in compliance with 37 CFR 1.63, or a substitute statement in compliance with 37 CFR 1.64, executed by or with respect to each inventor has not been submitted at the time of filing, the Office will send a Notice to File Missing Parts of Nonprovisional Application indicating that the application lacks the oath or declaration and give a period of time within which to file the oath or declaration.”

To learn more:

• oath
• declaration
• filing date
• patent application
• surcharge