TMEP 1108.02(c): Filing Fees

October 2017 Edition of the TMEP

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1108.02(c)    Filing Fees

A filing fee sufficient to cover at least one class must be submitted within the statutory time for filing the extension request, or the request will be denied. 37 C.F.R. §2.89(a)(2), (b)(2). In a multiple-class application, if the applicant files a fee sufficient to pay for at least one class, but insufficient to cover all the classes, the ITU staff will issue a notice of fee deficiency allowing the applicant thirty days to remit the amount by which the fee is deficient or specify the class(es) to be abandoned.  If the USPTO does not receive a timely response to a fee deficiency letter, the USPTO will apply the fees paid beginning with the lowest-numbered class(es) in ascending order, and will delete from the application the remaining class(es) not covered by the submitted fees. 37 C.F.R. §2.89(a)(2), (b)(2).

If the filing fee for at least a single class is omitted or is deficient (e.g., if the fee is charged to a deposit account with insufficient funds, an EFT or credit card payment is refused or charged back by a financial institution, or a check is returned unpaid), the fee for at least one class must be submitted before the expiration of the statutory filing period.  See 37 C.F.R. §2.89(a)(2), (b)(2). If the extension request was not accompanied by an authorization to charge deficient fee(s) to a deposit account (37 C.F.R. §2.208) that has sufficient funds to cover the fee, and the applicant does not resubmit the fee before expiration of the statutory deadline, the extension request will be denied and the application will be abandoned. See 37 C.F.R. §2.89(a)(2), (b)(2).  In addition, when an EFT or credit card is refused or a check is returned unpaid, the applicant must pay the processing fee required by 37 C.F.R. §2.6(b)(10).  See TMEP §405.06 regarding payments that are refused.