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