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 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 MoreWhat happens if an issue fee is paid late?
If an issue fee is paid late, the following applies: A surcharge is required for late payment of the issue fee. The patent may be held abandoned if the issue fee is not paid within the period set for payment. If the delay in payment is shown to have been unintentional, the Commissioner may accept…
Read MoreWhat happens if the preliminary examination and handling fees are not paid on time?
If the preliminary examination and handling fees are not paid within the time set in PCT Rule 57.3, the following consequences apply: Applicants will be notified and given one month to pay the deficient fees plus a late payment fee. The late payment fee is equal to the greater of: 50% of the amount of…
Read MoreWhat happens if the basic national fee is not paid on time for US national stage entry?
What happens if the basic national fee is not paid on time for US national stage entry? If the basic national fee is not paid on time for US national stage entry, the application will be considered abandoned. However, the MPEP provides guidance on potential remedies: If the basic national fee is not paid on…
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