When online fee payment in EFS-Web is unavailable, how do I submit payment for fees?


To submit fees when online payment is unavailable, a deposit account authorization transmittal (PTO/SB/17) may be included with the EFS-Web submission. A credit card authorization transmittal (PTO-2038) may also be faxed to the Central Facsimile (571) 273-8300 or sent via Express Mail. Applicants must include the application number from the Acknowledgement Receipt provided by EFS-Web to ensure that the fees are paid in the correct application.

If applicant wishes to submit the patent application filing fees on the filing date of a patent application to avoid the surcharge, the payment of the filing fees must be submitted and received by the USPTO before midnight on the filing date of application. Failure to pay the fees on the filing date of the application will result in a surcharge.

When submitting fees by facsimile transmission, applicant should include a certificate of transmission under 37 CFR 1.8 (e.g., PTO/SB/97) to ensure timely payment of the fees. The certificate of transmission may be included on or accompany a fee transmittal (along with a credit card payment form, PTO-2038, if paying by credit card). Applicants are advised that the date of receipt accorded to correspondence (including fee payments) transmitted by facsimile on a Saturday, Sunday, or Federal holiday is the next business day. See MPEP 512.

Fax submission of the basic national fee for National Stage under 35 U.S.C. 371 is not accepted.


USPTO FAQ - Questions and Answers (2009AUG26)