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203.07 Abandonment for Failure to Pay Issue Fee [R-2] - 200 Types, Cross-Noting, and Status of Application
203.07 Abandonment for Failure to Pay Issue Fee [R-2]
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 *>Director< if on petition it is shown that the delay in payment was unavoidable and >upon< 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 § 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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