What happens if a maintenance fee payment is late or insufficient?
If a maintenance fee payment is late or insufficient, the USPTO will send a notice (e.g., a Notice of Non-Acceptance of Patent Maintenance Fee (PTO-2142)) to the fee submitter. The patent owner must reply to this notice before the grace period expires to avoid patent expiration. According to MPEP 2531: “If the Office considers a…
Read MoreWhat happens if I submit an insufficient payment for patent maintenance fees?
Submitting an insufficient payment for patent maintenance fees can have serious consequences. According to MPEP 2522: “A payment of less than the required amount, a payment in a manner other than that set forth in 37 CFR 1.23, or the filing of an authorization to charge a deposit account having insufficient funds, will not constitute…
Read MoreWhat are examples of late or insufficient maintenance fee payments?
The MPEP 2531 provides several examples of when maintenance fee payments may be considered late or insufficient: Additional funds are required due to surcharge or fee increase, even though a payment was received. A payment for the small entity fee was received, but the patent file does not indicate that an assertion of small entity…
Read MoreHow are issue fee payments applied to multiple applications?
When issue fee payments are made for multiple applications, the following rules apply: A single payment can cover issue fees for multiple applications. The payment must clearly identify each application and the fee being paid for each. If the payment is insufficient to cover all fees, it will be applied in ascending application number order.…
Read MoreHow does the USPTO apply insufficient payments for patent application fees?
When an applicant submits an insufficient payment for fees due on filing a nonprovisional application under 35 U.S.C. 111(a) and has not specified how to apply the payment, the USPTO applies the payment in a specific order. The MPEP outlines this order as follows: Basic filing fee Search fee Examination fee Excess claims fee (independent…
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