What happens if I pay the issue fee but don’t submit the publication fee?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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 pay the issue fee but fail to submit the publication fee, your application will still proceed to issuance. However, the USPTO will send you a notice requiring payment of the publication fee. As stated in MPEP 1306:

“If an applicant pays the issue fee in an application under 35 U.S.C. 111(a), or in an international application designating the United States, without paying the publication fee, the Office will generally issue a notice requiring the publication fee.”

It’s important to note that failure to pay the publication fee after receiving this notice may result in abandonment of your application.

Tags: issue fee, publication fee, USPTO notice