Who can pay the issue fee for a patent application?

The issue fee for a patent application can be paid by several parties associated with the application. According to MPEP 1306:

“The fee(s) due will be accepted from the applicant, assignee, or a registered attorney or agent, either of record or under 37 CFR 1.34.”

This means that the following parties can pay the issue fee:

• The applicant(s) listed on the application
• The assignee (if the patent rights have been assigned)
• A registered patent attorney or agent who is officially representing the applicant
• A registered patent attorney or agent acting in a representative capacity under 37 CFR 1.34, even if not officially of record

It’s important to note that regardless of who pays the fee, the payment must be properly authorized and submitted with the correct documentation, typically using the Fee(s) Transmittal form (PTOL-85B) provided with the Notice of Allowance.

To learn more:

• issue fee
• payment
• applicant
• assignee
• patent attorney
• patent agent