When is the publication fee for a patent application due?
The publication fee is typically due with the Notice of Allowance and Fee(s) Due. As stated in the MPEP, “The publication fee set forth in 37 CFR 1.18(d) must be paid in each application published (or scheduled to be published) under 35 U.S.C. 122(b) before a patent will be granted on the application. The publication fee will be required with the Notice of Allowance and Fee(s) Due, unless the publication fee was previously paid.” (MPEP 1126)
It’s important to note that the fee must be paid within three months from the date of mailing of the Notice of Allowance to avoid abandonment of the application, and this period is not extendable.
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