What happens if a maintenance fee payment is late or insufficient?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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 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 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Notice Requirement for Late or Insufficient Payment MPEP 2531 Reply Required Before Grace Period to Avoid Patent Expiration MPEP 2531 Required Petition Required If No Reply Before Patent Expiration MPEP 2531 Required Payment Late for Expired Patent MPEP 2531 Required Late or Insufficient Fees Require Additional Funds MPEP 2531 Required Underpayment Notice for Unestablished Entity Status MPEP 2531 Small Entity Maintenance Fee Payment Requirement MPEP 509.03(b) Petitions for Unintentionally Delayed Maintenance Fee Payments in Expired Patents MPEP 1002.02(b) Publication Fee Required with Notice of Allowance MPEP 1126 Required Petitions Must Include Fee Payment MPEP 1002.02(s) Other Related FAQs 5 FAQs Collapse How can I establish or change my entity status for maintenance fee purposes? What are examples of late or insufficient maintenance fee payments? What i...