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2530 >Special Acceptance of Maintenance Fee Payments Containing< Informalities [R-2] - 2500 Maintenance Fees
2530 >Special Acceptance of Maintenance Fee Payments Containing< Informalities [R-2]
** >It is strongly recommended that a maintenance fee submission include both a telephone number and a mailing address for the fee submitter because, provided the fee is sufficient, the Office will often attempt to contact the submitter by telephone and/or by mail to confirm the patent to which the fee is to be applied.
If a maintenance fee payment identifies only the patent number (i.e., does not identify the application number for the patent on which the maintenance fee is being paid), the Office may apply the payment to the patent identified by the patent number in the payment or may return the payment. See 37 CFR 1.366 (c). If the Office specially accepts a payment, a Notice of Special Acceptance of Patent Maintenance Fee (PTO-2143) will be mailed to the fee submitter identifying the patent number and application number to which the maintenance fee was applied and requesting the fee submitter to verify that the payment was applied as intended. The Notice of Special Acceptance of Patent Maintenance Fee (PTO-2143) will set a time period within which to file a petition under 37 CFR 1.377 along with the petition fee if the maintenance fee was not applied to the patent for which the payment was intended. The Office intends to specially accept maintenance fee payments according to the following guidelines.
I. PATENT NUMBER SUPPLIED BUT NO APPLICATION NUMBER SUPPLIED
If the maintenance fee payment is sufficient for the maintenance fee due for the patent identified by only the patent number, the Office will specially accept and apply the payment.
II. PATENT NUMBER AND APPLICATION NUMBER SUPPLIED BUT THEY DO NOT CORRESPOND
When a patent number and an application number are both supplied, but they do not correspond to the same patent, the Office will make a reasonable attempt to confirm the correct patent by telephoning the submitter (e.g., patentee or agent), provided the payment is sufficient to pay the maintenance fee due on either the patent identified by the patent number or the patent identified by the application number.
(A) If verbal confirmation of the patent identified by the patent number is obtained during the telephone call and the payment submitted is sufficient, the Office will specially accept and apply the payment as confirmed.
(B) If written (e.g., facsimile or email) confirmation of the patent identified by the application number is obtained immediately following the telephone call, and the payment submitted is sufficient, the Office will specially accept and apply the payment as confirmed.
(C) If the telephone call is not successful (e.g., no contact is made with the fee submitter) but a maintenance fee is due on the patent identified by the patent number, provided the payment submitted is sufficient, the Office may specially accept and apply the payment to the patent identified by the patent number.
III. NO PATENT NUMBER SUPPLIED BUT APPLICATION NUMBER SUPPLIED
If a maintenance fee is due on the patent identified by the application number and the payment submitted is sufficient, the Office will telephone the fee submitter to confirm the payment. If written (e.g., facsimile) confirmation is obtained immediately following the telephone call, the Office will specially accept and apply payment as confirmed. Otherwise, the Office will return the payment to the fee submitter.
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