What happens if the basic filing fee is not paid when filing a Continued Prosecution Application (CPA)?

If the basic filing fee is not paid when filing a Continued Prosecution Application (CPA), the USPTO will send a notice to the applicant. According to MPEP 201.06(d):

‘If the basic filing fee is not paid when the CPA is filed or within the time period set forth in a notice from the Office, the USPTO will send a Notice to File Missing Parts in the CPA.’

This notice gives the applicant a chance to pay the fee and continue the application process. However, it’s important to note that failing to respond to this notice or pay the required fee within the specified time frame could result in the CPA being abandoned. It’s always best practice to submit all required fees at the time of filing to avoid potential delays or complications in the patent application process.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on Notice to File Missing Parts, visit: Notice to File Missing Parts.