How does failure to pay the issue fee affect patent application proceedings?
Failure to pay the issue fee has significant consequences for a patent application. According to MPEP 711.02(c):
When the issue fee is not paid and the application is abandoned for failure to pay the issue fee, proceedings are terminated as of the date the issue fee was due and the application is the same as if it were abandoned after midnight on that date (but if the issue fee is later accepted, on petition, the application is revived).
This means that:
- The application is considered abandoned on the due date of the unpaid issue fee.
- Proceedings are officially terminated at this point.
- The application status becomes equivalent to abandonment after midnight on the due date.
- However, there is a possibility of revival if the issue fee is later accepted through a petition process.
For more information on petitions to revive abandoned applications, refer to MPEP § 711.03(c).
To learn more: