How long after the Notice of Allowance and Issue Fee Due” (form PTOL-85) has been mailed do I have to pay my issue fee?
After the examiner has allowed your application, you have 3 months from the mail date of the “Notice of Allowance and Issue Fee Due” (PTOL-85) to pay your fee. If you do not pay your fee within the 3-month statutory period, your patent application will be abandoned for failure to pay your issue fee. Please note: unlike some other fees required by the PTO, this is a statutory period that cannot be extended. If your application is abandoned for failure to pay your issue fee in a timely manner and you deem that the abandonment is in error, please reference the information available on our website or contact Image Assistance Center at 571.272.4200 or 1.888.786.0101.
