What happens if the filing fee for a provisional application is not paid?

If the filing fee for a provisional application is not paid, the USPTO will take specific actions as outlined in MPEP 601.01(b):

Quote: “If the filing fee is not paid in the provisional application, the USPTO may dispose of the provisional application. The notification to applicant that the provisional application has been disposed of will include a notice that if the fee is paid within two months of the date of the notification, the provisional application will be revived.”

Key points to remember:

• The USPTO may dispose of the provisional application if the fee is not paid
• Applicants will be notified of the disposal
• There is a two-month window to pay the fee and revive the application
• If the fee is paid within this period, the application will be revived

It’s crucial to note that if the application is not revived within the two-month period, the opportunity to establish that filing date may be permanently lost, which could have significant implications for patent rights.

To learn more:

• provisional application
• filing fee
• application disposal
• revival