What are the consequences of not paying the correct filing fee for a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 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. If you fail to pay the correct filing fee for your patent application, there can be significant consequences: Application may not be assigned a filing date: As stated in MPEP 607 , “The filing fee and application size fee for a nonprovisional application or provisional application are due on filing.” Without the correct fee, your application might not be officially filed. Notice of Missing Parts: The USPTO will likely issue a Notice of Missing Parts, giving you a time limit to pay the correct fee. Potential abandonment: If you don’t respond to the Notice of Missing Parts within the given timeframe, your application could be considered abandoned. Additional fees: Late payment may incur surcharges or extension fees. To avoid these issues, always ensure you calculate and submit the correct filing fee with your application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Provisional Application Filing Fee Requirement MPEP 607 Permitted Fees Due on Nonprovisional Application Filing MPEP 607 Fees May Be Paid After Filing Date Within Time Period MPEP 607 Permitted Filing Fee for Reissue Applications MPEP 607 Basic Filing Fee Required for Provisional Applications MPEP 607 Required Provisional Application Fee Payment Allocation MPEP 607 Preliminary Amendment Counts Toward Application Size Fee MPEP 607 Required Sequence Listings Exclude Application Size Fee Calculation MPEP 607 Required Filing Fee for Amended Claims MPEP 607 Required Additional Fee for Non-Electronic Patent Applications MPEP 607 Other Related FAQs 5 FAQs Collapse How does the USPTO handle refunds for fees paid by credit card? Are there any fee reductions available for small entities or micro entities fili...