You are here:  Ed9 07.2015 Guidebook  » Hot Topics

Issue Fee:

MPEP 1300

The time period for the payment of the issue fee is statutory and cannot be extended.

  • The payment of the issue fee cannot be extended, however, the fee can be paid late (the application will have become abandoned during this time period).

It is possible to withdraw from issue and then file a continuing application.

37 C.F.R. 1.137 discusses paying the issue fee late, it:

  • Follows the same procedure as that for reviving applications.
  • States that the application is basically abandoned and the applicant will have to revive it once the issue fee is paid.
    • The applicant must prove unavoidable or unintentional delay in order to revive it.