What happens if the first maintenance fee payment was not properly processed?

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 the USPTO determines that the first maintenance fee payment was not properly processed, they follow a specific procedure. According to MPEP 2532:

“If a review of the Office record of the first maintenance fee payment reveals that the first payment was not properly processed (e.g., did not comply with 37 CFR 1.366(c) or was not specially accepted in accordance with MPEP § 2530), the Office will attempt to determine whether the first payment should have been applied to a patent other than the patent identified under 37 CFR 1.366(c) by the second fee submitter.“

Based on this determination, the USPTO will either:

• Attempt to apply the duplicate payment and retract the first payment, or
• Return the duplicate payment to the second fee submitter with identification of the first fee submitter.