What happens to the publication fee if I file a Request for Continued Examination (RCE) after receiving a Notice of Allowance?
If you file a Request for Continued Examination (RCE) after receiving a Notice of Allowance but before the three-month payment period expires, the due date for the publication fee will be suspended. The MPEP states: “If applicant files a request for continued examination (RCE) under 37 CFR 1.114 after a Notice of Allowance and Fee(s) Due is mailed (but before the expiration of the three-month time period set forth in the Notice of Allowance and Fee(s) Due), the Office will suspend the due date for the publication fee until three months from the mail date of the new Notice of Allowance and Fee(s) Due for the application (if and when a new Notice is mailed).” (MPEP 1126)
This provision allows applicants to continue prosecution without immediately paying the publication fee, while still maintaining the opportunity to do so if a new Notice of Allowance is issued.
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