Publication Fees

37 CFR 1.211  Publication of applications.

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(e) The publication fee set forth in

§ 1.18(d)

must be paid in each application published under this section before the patent

will be granted. If an application is subject to publication under this section,

the sum specified in the notice of allowance under

§ 1.311

will

also include the publication fee which must be paid within three months from the

date of mailing of the notice of allowance to avoid abandonment of the

application. This three-month period is not extendable. If the application is not

published under this section, the publication fee (if paid) will be refunded.

The publication fee set forth in

37 CFR 1.18(d)

must be paid in each

application published (or scheduled to be published) under

35 U.S.C. 122(b)

before a patent will be granted on the application. The publication fee will be required

with the Notice of Allowance and Fee(s) Due, unless the publication fee was previously

paid. If an application becomes abandoned without being allowed, no publication fee is

required. The small entity discount is not available for the publication fee. The sum

specified in the Notice of Allowance and Fee(s) Due will also include the publication fee

which must be paid within three months from the date of mailing of the Notice of Allowance

and Fee(s) Due to avoid abandonment of the application. This three-month period is

not

extendable.

Applicant is required to pay the publication fee to avoid abandonment of

the application even if the application has not yet been published at the time when the

publication fee is due. The Office will continue with the pre-grant publication process

until a patent actually issues. This is because there are many instances in which the

Office mails a notice of allowance in an application but the application does not issue as

a patent in regular course. Therefore, the Office will not discontinue the pre-grant

publication process until a patent has actually issued

ication fee is due. The Office will continue with the pre-grant publication process

until a patent actually issues. This is because there are many instances in which the

Office mails a notice of allowance in an application but the application does not issue as

a patent in regular course. Therefore, the Office will not discontinue the pre-grant

publication process until a patent has actually issued. Since the Office cannot discontinue

the pre-grant publication process during the last two to four weeks of the publication

process, this will result in a few applications being issued as patents and subsequently

being published as patent application publications. The Office will refund the publication

fee (if paid) if the application is not published as a patent application publication, but

will not refund the publication fee if the application is published as a patent application

publication, even if it is published after the patent issues. Effective January 1, 2014,

the publication fee set forth in

37 CFR 1.18(d)

is $0.00.

Accordingly, applicant may file a request for a refund of the publication

fee after 4 weeks from the issue date of the patent if the application did not publish. A

request for refund filed before 4 weeks from the issue date is premature and will be

disregarded. Requests for a refund of the publication fee should be directed to the Office

at Mail Stop PGPUB.

If applicant files a request for continued examination (RCE) under

37 CFR

1.114

after a Notice of Allowance and Fee(s) Due is mailed (but

before the expiration of the three-month time period set forth in the Notice of Allowance

and Fee(s) Due), the Office will suspend the due date for the publication fee until three

months from the mail date of the new Notice of Allowance and Fee(s) Due for the application

(if and when a new Notice is mailed). See

Time Period for Paying Publication Fee

if a Request for Continued Examination is Filed After a Notice of Allowance is

Mailed,

1249

Off. Gaz. Pat. Office

81 (Aug. 21, 2001)

ance

and Fee(s) Due), the Office will suspend the due date for the publication fee until three

months from the mail date of the new Notice of Allowance and Fee(s) Due for the application

(if and when a new Notice is mailed). See

Time Period for Paying Publication Fee

if a Request for Continued Examination is Filed After a Notice of Allowance is

Mailed,

1249

Off. Gaz. Pat. Office

81 (Aug. 21, 2001). For

more information on RCE practice, see

MPEP § 706.07(h)

.

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