What should I do if I receive a Notice of Non-Acceptance of Patent Maintenance Fee?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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 receive a Notice of Non-Acceptance of Patent Maintenance Fee (PTO-2142) from the USPTO, it’s crucial to take prompt action. According to MPEP 2531 : “Reply to the notice is required prior to expiration of the grace period provided by 37 CFR 1.362(e) in order to avoid the expiration of the patent.” Here are the steps you should take: Review the notice carefully to understand the reason for non-acceptance. Respond to the notice before the grace period expires. This may involve: Paying additional fees or surcharges Providing documentation for entity status Correcting any errors in the payment or documentation If the grace period has expired, you may need to file a petition under 37 CFR 1.377 or 37 CFR 1.378 . For more information on petitions related to maintenance fees, refer to MPEP 2580 and MPEP 2590 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Notice Requirement for Late or Insufficient Payment MPEP 2531 Separate Petition Fee for Each Late Maintenance Fee MPEP 2590 Required Underpayment Notice for Unestablished Entity Status MPEP 2531 Reply Required Before Grace Period to Avoid Patent Expiration MPEP 2531 Required Late or Insufficient Fees Require Additional Funds MPEP 2531 Required Late Payment of Maintenance Fee Permitted After Grace Period If Unintentional MPEP 2590 Permitted Petition Required If No Reply Before Patent Expiration MPEP 2531 Required Payment Late for Expired Patent MPEP 2531 Required Petition for Late Maintenance Fee Not Allowed If Entire Payment Missed MPEP 2580 Refund of Maintenance Fee if Not Accepted MPEP 2590 Other Related FAQs 5 FAQs Collapse How can I establish or change my entity status for maintenance fee purposes? What ar...