What happens if a maintenance fee payment is late or insufficient?
If a maintenance fee payment is late or insufficient, the USPTO will send a notice (e.g., a Notice of Non-Acceptance of Patent Maintenance Fee (PTO-2142)) to the fee submitter. The patent owner must reply to this notice before the grace period expires to avoid patent expiration.
According to MPEP 2531:
“If the Office considers a payment to be late or insufficient, a notice (e.g., a Notice of Non-Acceptance of Patent Maintenance Fee (PTO-2142)) will be sent to the ‘fee submitter.’ Reply to the notice is required prior to expiration of the grace period provided by 37 CFR 1.362(e) in order to avoid the expiration of the patent.”
If no reply is received before the patent expires, the patent owner must file an appropriate petition under 37 CFR 1.377 or 37 CFR 1.378.
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