How does the USPTO handle applications abandoned due to failure to timely pay the issue fee?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. When an application is abandoned due to failure to timely pay the issue fee, the USPTO has specific procedures in place. According to MPEP 711.02(b) : “An application abandoned as a result of failure to timely pay the issue fee may be revived to accept late payment of the issue fee if the delay was unintentional. See 37 CFR 1.137(a).” To revive such an application, the applicant must: File a petition to revive under 37 CFR 1.137(a) Pay the petition fee Submit a statement that the entire delay was unintentional Pay the issue fee (or any outstanding balance) It’s important to note that the USPTO will review the petition and may require additional information to establish that the entire delay was unintentional if the petition is filed more than two years after the date the application became abandoned. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Improper RCE Does Not Toll Issue Fee Deadline MPEP 711.02(b) Abandonment Through Failure to Prosecute Appeal MPEP 711.02(b) Permitted Application Abandoned on Appeal Dismissal Without Amendment MPEP 711.02(b) Permitted RCE Requires Timely Reply MPEP 711.02(b) Permitted RCE Treated as Appeal Withdrawal MPEP 711.02(b) Failure to Timely Respond to OPAP Notice Abandons Application MPEP 601.01(g) Situations Leading to Abandonment Must Be Avoided MPEP 711.02(b) Recommended Reply Required Within Time Period Otherwise Abandoned MPEP 711 Application Must Be Explicitly Abandoned MPEP 711 Express Abandonment Must Be Timely Received MPEP 711 Prohibited Other Related FAQs 5 FAQs Collapse How does the USPTO handle applications abandoned after payment of the issue fee? Can an abandoned application be used as a reference against other...