[Patentpractice] RELATED/FOLLOW-ON QUESTION --> January 19, 2025 USPTO Fees question [Missing parts notice for new application]

Tue Jan 14 17:47:27 UTC 2025

Your question is answered by MPEP 509, which states:
Where the Office has notified an applicant, in writing, that a fee is due and has specified a particular dollar amount for that fee, if the applicant timely submits the specified fee amount in response to the notice, the applicant should be considered to have complied with the notice so as to avoid abandonment of the application. If the fee paid by the applicant is insufficient, either because the notice specified an incorrect dollar amount for the fee or because of a fee increase effective after the mailing of the notice and before payment of the fee by the applicant, the applicant should be notified in writing by the Office of the fee insufficiency and given a new time period in which to submit the remaining balance. The written notification of the fee insufficiency should set forth the reason (i.e., the fee amount indicated by the Office in the earlier notice was incorrect or the fees have increased since the earlier notice was mailed) why applicant is being required to submit an additional fee.
However, as Randall noted earlier, MPEP 1306 says:
Under the changes to 35 U.S.C. 151<https://mpep.uspto.gov/RDMS/MPEP/current#/current/d0e303440.html>  in the Patent Law Treaties Implementation Act (PLTIA) (Public Law 112-211), the sum specified in the Notice of Allowance will constitute the issue fee and any required publication fee, and the Office will proceed to issue a patent when the applicant pays the sum specified in the Notice of Allowance, regardless of the issue fee and/or publication fee in effect on the date the sum specified in the Notice of Allowance is paid.
So, it appears that the fee that is due is the fee that is in effect at the time you make the payment except the issue fee (any other exceptions?), which is the amount specified in the notice of allowance.

Scott Nielson

801-660-4400

________________________________
From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> on behalf of William Ahmed via Patentpractice <patentpractice at oppedahl-lists.com>
Sent: Tuesday, January 14, 2025 10:06 AM
To: patentpractice at oppedahl-lists.com <patentpractice at oppedahl-lists.com>
Cc: William Ahmed <ahmed.william at ymail.com>
Subject: [Patentpractice] RELATED/FOLLOW-ON QUESTION --> January 19, 2025 USPTO Fees question [Missing parts notice for new application]

The original question -->
Does the previous fee for an Issue Fee remain fixed ($1200) for a large entity after January 19, 2025 for an issue fee due January 21, 2025?  If not, does the Applicant pay the new fee - $1290? [it seems like the USPTO will allow applicant to pay the EARLIER fee after Jan 19, 2025 -- $1200]

My follow-on question [background]-> last month, I filed a new US application without paying any filing fees.
Earlier today, the USPTO mailed a 'notice to file missing parts' asking for filing fees, exam fees and search fees for one of our cases.
A specific dollar appeared on the 'notice to file missing parts' (i.e. the current USPTO fees) and a March 14, 2025 deadline also appeared on the 'notice to file missing parts'

My follow-on [The Actual Question] -- can I pay in February 2025 according to the dollar amounts listed on today's "notice to file missing parts" ??

Thank you,
Bill

On Monday, January 13, 2025 at 10:29:36 PM GMT+2, Timothy Snowden via Patentpractice <patentpractice at oppedahl-lists.com> wrote:

It's why I really appreciate this list. It's like RI for patent practitioners (RI = REAL intelligence)!

On 1/13/2025 2:25 PM, Sarah Adriano via Patentpractice wrote:

Thanks Randall!

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From: Patentpractice [mailto:patentpractice-bounces at oppedahl-lists.com] On Behalf Of Randall Svihla via Patentpractice
Sent: Monday, January 13, 2025 12:14 PM
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Cc: Randall Svihla <rsvihla at nsiplaw.com><mailto:rsvihla at nsiplaw.com>
Subject: Re: [Patentpractice] January 19, 2025 USPTO Fees question

Yes.

Under the changes to 35 U.S.C. 151<https://www.uspto.gov/web/offices/pac/mpep/mpep-9015-appx-l.html#d0e303440> in the Patent Law Treaties Implementation Act (PLTIA) (Public Law 112-211), the sum specified in the Notice of Allowance will constitute the issue fee and any required publication fee, and the Office will proceed to issue a patent when the applicant pays the sum specified in the Notice of Allowance, regardless of the issue fee and/or publication fee in effect on the date the sum specified in the Notice of Allowance is paid.

________________________________

From: Patentpractice <patentpractice-bounces at oppedahl-lists.com<mailto:patentpractice-bounces at oppedahl-lists.com>> on behalf of Carl Oppedahl via Patentpractice <patentpractice at oppedahl-lists.com<mailto:patentpractice at oppedahl-lists.com>>
Sent: Monday, January 13, 2025 3:06 PM
To: patentpractice at oppedahl-lists.com<mailto:patentpractice at oppedahl-lists.com> <patentpractice at oppedahl-lists.com<mailto:patentpractice at oppedahl-lists.com>>
Cc: Carl Oppedahl <carl at oppedahl.com<mailto:carl at oppedahl.com>>
Subject: [Patentpractice] January 19, 2025 USPTO Fees question

A listserv member asks to post anonymously ...

Does the previous fee for an Issue Fee remain fixed ($1200) for a large entity after January 19, 2025 for an issue fee due January 21, 2025?  If not, does the Applicant pay the new fee - $1290?

Patent-Fees-Current-Final-Unit-Cost-FR-2025.xlsx<https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.uspto.gov%2Fsites%2Fdefault%2Ffiles%2Fdocuments%2FPatent-Fees-Current-Final-Unit-Cost-FR-2025.xlsx&wdOrigin=BROWSELINK>

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