1

After non-payment of a Patent Issue Fee (being due three months after receipt of the USPTO Notice of Allowance) there is the option to file a Petition to Accept Late Payment of Issue Fee when non-payment was unintentional (37 CFR 1.137(a).

Is there a time limit in which the Petition to Accept Late Payment of Issue Fee needs to be filed ?

(The situation is similar to non-payment of maintenance fees. To my understanding (but this is not my question), here is a 24 months time limit after end of grace period for filing a petition to revive the patent when non-payment was unintentional.)

2

Is there a time limit in which the Petition to Accept Late Payment of Issue Fee needs to be filed ?

No, there is not, in the sense that, no one has jurisdiction to extend time limit beyond the three months period given in notice of allowance; only 37 CFR 1.137 relief is available. Reference 1, which states "The Director has no authority to extend the time for paying the issue fee. Intentional failure to pay the issue fee within the 3 months permitted by 35 U.S.C. 151 does not amount to unintentional delay in making payment."

....there is the option to file a Petition to Accept Late Payment of Issue Fee when non-payment was unintentional (37 CFR 1.137(a).

Non payment of issue fee automatically places an application as 'abandoned'. Revival procedure is same for all instances leading to abandonment including the instant under consideration here. The last paragraph of this 3 gives an interesting reading and gives an insight into the process. There are more available with google search. By the way, 37 USC 1.137 has been amended to exclude 'unavoidable'delay and only 'unintentional' delay is eligible for consideration.

Also 2 is very educative.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.