Can I use a deposit account to pay patent maintenance fees?
Yes, you can use a deposit account to pay patent maintenance fees. MPEP 2522 states:
“37 CFR 1.366(b) provides that maintenance fees and any necessary surcharge may be paid by authorization to charge a deposit account established pursuant to 37 CFR 1.25.“
However, there are important conditions to consider:
- The authorization must be submitted within the appropriate window or grace period.
- It must be limited to maintenance fees and surcharges payable on the date of submission.
- The authorization cannot be submitted prior to the third, seventh, or eleventh year after patent grant.
- A new authorization is required for each maintenance fee due at 3.5, 7.5, and 11.5 years after grant.
Ensure that the deposit account has sufficient funds, as an authorization with insufficient funds will not constitute payment of the maintenance fee.
To learn more:
Topics:
MPEP 2500 - Maintenance Fees,
MPEP 2522 - Methods Of Payment,
Patent Law,
Patent Procedure