What are examples of late or insufficient maintenance fee payments?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. The MPEP 2531 provides several examples of when maintenance fee payments may be considered late or insufficient: Additional funds are required due to surcharge or fee increase, even though a payment was received. A payment for the small entity fee was received, but the patent file does not indicate that an assertion of small entity status was submitted. The payment was received after the patent expired. The MPEP states: “Examples of when a payment of maintenance fees and any necessary surcharges will be considered to be late or insufficient include instances when: (A) Though a payment was received, additional funds are required due to surcharge or fee increase; (B) Though a payment was received in an amount for small entity, the patented file records do not indicate that an assertion of small entity status was received; or (C) The payment was received after the patent expired.” It’s important for patent owners to ensure timely and sufficient payments to avoid potential issues with patent maintenance. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Late or Insufficient Fees Require Additional Funds MPEP 2531 Required Notice Requirement for Late or Insufficient Payment MPEP 2531 Payment Late for Expired Patent MPEP 2531 Required Assertion Required for Small Entity Status After Incorrect Fee Payment MPEP 509.03 Underpayment Notice for Unestablished Entity Status MPEP 2531 Who Can Sign Assertion for Small Entity Status MPEP 2550 Permitted Assertion of Small Entity Status Required for CPA MPEP 201.06(d) Assertion of Small Entity Status Required for Maintenance Fee Discount MPEP 2550 Required Assertion of Small Entity Status Only Required Once MPEP 2550 Required Small...