37 CFR § 1.316 - Application abandoned for failure to pay issue fee.

---
identifier: "/us/cfr/t37/s1.316"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 1.316 - Application abandoned for failure to pay issue fee."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "1.316"
section_name: "Application abandoned for failure to pay issue fee."
chapter_name: "UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "1"
part_name: "RULES OF PRACTICE IN PATENT CASES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "35 U.S.C. 2(b)(2), unless otherwise noted."
regulatory_source: "24 FR 10332, Dec. 22, 1959, unless otherwise noted."
cfr_part: "1"
---


# 1.316 Application abandoned for failure to pay issue fee.

If the issue fee is not paid within three months from the date of the notice of allowance, the application will be regarded as abandoned. Such an abandoned application will not be considered as pending before the Patent and Trademark Office.

[62 FR 53198, Oct. 10, 1997]