How 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 claims exceeding three and total claims exceeding twenty)
- Application size fee
- Non-electronic filing fee (if applicable)
For provisional applications under 35 U.S.C. 111(b), the order is:
- Basic filing fee
- Application size fee
This information helps applicants understand how their payments will be allocated if they submit an insufficient amount for the required fees.
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Topics:
Patent Law,
Patent Procedure