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M.P.E.P. Section 203.07, Abandonment for Failure to Pay Issue Fee

This document contains one section of the Manual of Patent Examining Procedure (the "MPEP"), Seventh Edition (July 1998). This page was last updated in April 2000. All of the sections of the MPEP are found in the section index.

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203.07 Abandonment for Failure to Pay Issue Fee

An allowed application in which the Issue Fee is not paid within 3 months after the Notice of Allowance in accordance with 35 U.S.C. 151 is abandoned for that reason (37 CFR 1.316). The issue fee may, however, be accepted by the Commissioner if on petition it is shown that the delay in payment was unavoidable and payment of the fee for delayed payment of the issue fee under 37 CFR 1.17(l), in which case the patent will issue as though no abandonment had occurred (MPEP Section 711.03(c)). (37 CFR 1.137(a)). The issue fee may also be accepted if on petition it is shown that the delay in payment was unintentional and upon payment of the fee for delayed payment of the issue fee under 37 CFR 1.17(m) (37 CFR 1.137(b)).

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