MPEP § 2522 — MPEP § 2522
Current through: 2022-07-01

2522-Methods of Payment 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2500 

 Section 2522 
 

 
 
 
 
 
 2522 Methods of Payment [R-10.2019]

 The method of payment for the maintenance fee and any necessary
 surcharge is set forth in 37 CFR 1.23 . The payment shall be
 made in U.S. dollars and in the form of a cashier’s or certified check, Treasury note,
 national bank notes, or United States Postal Service money order as provided in
 37 CFR
 1.23(a) . If the maintenance fee and any necessary surcharge is
 sent in any other form, the Office may delay or cancel the credit until collection is
 made. For example, a personal or other uncertified check drawn on a U.S. bank that is
 not immediately negotiable, e.g., because it lacks a signature or due to insufficient
 funds, will not constitute payment of a maintenance fee and/or surcharge. 
 

 The maintenance fee can be charged to a credit card as set forth in
 37 CFR
 1.23(b) , but credit for the payment is subject to actual receipt
 of the fee by the Office. Credit Card Payment Form (PTO-2038) should be used for payment
 of fees by credit card unless the payment is submitted over the internet. If credit card
 information is provided on a form or document other than the form provided by the Office
 for the payment of fees by credit card, the Office will not be liable if the credit card
 number becomes public knowledge. See MPEP § 509 .
 

 Any remittance from a foreign country must be payable and immediately
 negotiable in the United States for the full amount of the maintenance fee and/or
 surcharge required.
 

 37 CFR
 1.366(b) provides that maintenance fees and any necessary
 surcharge may be paid by authorization to charge a deposit account established pursuant
 to 37 CFR
 1.25 . The authorization to charge the deposit account must be
 submitted within an appropriate window or grace period and must be limited to
 maintenance fees and surcharges payable on the date of submission. The authorization to
 charge the deposit account cannot be submitted prior to the third, seventh, or eleventh
 year after grant of the patent. If an authorization to charge a deposit account were
 submitted to pay the maintenance fee due at 3 years and 6 months after grant, a new
 authorization to charge a deposit account or other form of payment will have to be
 submitted at the appropriate time for each of the maintenance fees due at 7 years and 6
 months and 11 years and 6 months. Any payment or authorization filed at any time other
 than that set forth in 37 CFR 1.362(d) , (e) , or (f) will not
 serve as a payment of the maintenance fee, except insofar as a delayed payment of the
 maintenance fee is accepted by the Director pursuant to 37 CFR 1.378 . See
 MPEP §
 2590 . A payment of less than the required amount, a payment
 in a manner other than that set forth in 37 CFR 1.23 , or the filing of an
 authorization to charge a deposit account having insufficient funds, will not constitute
 payment of a maintenance fee on a patent. The authorization is required to permit the
 immediate charging of the maintenance fee to the deposit account. An authorization would
 be improper if it only authorized the maintenance fee to be charged at a later date,
 e.g., on the last possible day of payment without surcharge. Such an authorization would
 not serve as payment of the maintenance fee. Any payment which fails to result in the
 entire proper amount of the maintenance fee being present on the due date will not
 constitute payment of the maintenance fee.
 

 Maintenance fee payments and any surcharges relating thereto must be
 submitted separately from any other payments for fees or charges, whether submitted in
 the manner set forth in 37 CFR 1.23 or by authorization to
 charge a deposit account. See 37 CFR 1.366(e) . Maintenance fee
 payments and surcharge payments relating thereto that are commingled with payments for
 other fees or charges, e.g., application filing fees, issue fees, document supply fees,
 etc., will not be accepted. Maintenance fees require processing by a separate area of
 the Office and are not processed in the same manner as other fees and charges.
 Maintenance fees for a number of patents can be submitted together in one submission and
 one payment. 37 CFR
 1.366(e) specifies that if maintenance fee payments for more than
 one patent are submitted together, they should be submitted on as few sheets as
 possible, listing the patent numbers in increasing patent number order. If the payment
 submitted is insufficient to cover the maintenance fees and any surcharges for all the
 listed patents, the payment will be applied in the order the patents are listed. In such
 a circumstance the maintenance fee and any surcharge for one or more of the last listed
 patents will not be paid.
 

 Money orders and checks must be made payable to the Director of the
 United States Patent and Trademark Office. (Checks made payable to the Commissioner of
 Patents and Trademarks will continue to be accepted. See 37 CFR 1.23(a) ).
 Remittances from foreign countries must be payable and immediately negotiable in the
 United States for the full amount required.
 

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 2501-Introduction 

 2502-2503-[Reserved] 

 2504-Patents Subject to Maintenance Fees 

 2505-[Reserved] 

 2506-Times for Submitting Maintenance Fee Payments 

 2507-2509-[Reserved] 

 2510-Submission of Maintenance Fee Payments and Documents 

 2511-2514-[Reserved] 

 2515-Information Required for Submission of Maintenance Fee Payment 

 2516-2519-[Reserved] 

 2520-Maintenance Fee Amounts 

 2521-[Reserved] 

 2522-Methods of Payment 

 2523-2529-[Reserved] 

 2530-Special Acceptance of Maintenance Fee Payments Containing Informalities 

 2531-Payment Late or Insufficient 

 2532-Duplicate Payments 

 2533-2539-[Reserved] 

 2540-Fee Address for Maintenance Fee Purposes 

 2541-[Reserved] 

 2542-Change of Correspondence Address 

 2543-2549-[Reserved] 

 2550-Entity Status Discounts 

 2551-2559-[Reserved] 

 2560-Revocation of Power of Attorney and Withdrawal of Attorney 

 2561-2569-[Reserved] 

 2570-Maintenance Fee Payment Status Requests 

 2571-2574-[Reserved] 

 2575-Notices 

 2576-2579-[Reserved] 

 2580-Review of Decision Refusing to Accept and Record Payment of a Maintenance Fee Filed Prior to Expiration of Patent 

 2581-2589-[Reserved] 

 2590-Acceptance of Delayed Payment of Maintenance Fee in Expired Patent to Reinstate Patent 

 2591-Intervening Rights in Reinstated Patents 

 2592-2594-[Reserved] 

 2595-Forms 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:50:46