How does the USPTO handle a maintenance fee payment with only a patent number?
When a maintenance fee payment is submitted with only a patent number and no application number, the USPTO has two options. According to MPEP 2530, If a maintenance fee payment identifies only the patent number (i.e., does not identify the application number for the patent on which the maintenance fee is being paid), the Office…
Read MoreWhat happens if the patent number and application number in a maintenance fee payment don’t match?
When a maintenance fee payment includes both a patent number and an application number that do not correspond to the same patent, the USPTO has a specific procedure. According to MPEP 2530, When a patent number and an application number are both supplied, but they do not correspond to the same patent, the Office will…
Read MoreHow does the USPTO handle a maintenance fee payment with only an application number?
When a maintenance fee payment is submitted with only an application number and no patent number, the USPTO has specific procedures in place. According to MPEP 2530, If a maintenance fee is due on the patent identified by the application number and the payment submitted is sufficient, the Office may apply the payment to the…
Read MoreWhat information should I include when submitting a maintenance fee payment?
When submitting a maintenance fee payment, it is strongly recommended to include both a telephone number and a mailing address for the fee submitter. As stated in the MPEP, It is strongly recommended that a maintenance fee submission by mail or facsimile include both a telephone number and a mailing address for the fee submitter…
Read MoreWhat happens if a maintenance fee is paid in the wrong amount?
If a maintenance fee is paid in the wrong amount, the following applies: If the fee paid is insufficient, the patent will expire unless the remaining balance is paid within the grace period along with any surcharge. If the fee paid exceeds the required amount, a refund may be requested. As stated in MPEP 2575:…
Read MoreWhat happens if a maintenance fee is paid during the grace period?
What happens if a maintenance fee is paid during the grace period? If a maintenance fee is paid during the 6-month grace period following the due date, it will be subject to a surcharge. According to MPEP 2506: “A maintenance fee may be paid without surcharge at any time during the 6-month period preceding each…
Read MoreWhat happens if there are informalities in my maintenance fee payment?
If there are informalities in your maintenance fee payment, the USPTO may specially accept the payment under certain scenarios. According to the MPEP, If the Office specially accepts a payment under any one of scenarios I – III below, a Notice of Special Acceptance of Patent Maintenance Fee (PTO-2143) will be mailed to the submitter…
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