118.04    Method of Payment--Deposit Accounts

For the convenience of attorneys and the general public in paying fees and charges to the Office, deposit accounts may be established in the Office. [ Note 1.] The Office has an automated financial system, USPTO Financial Manager, allowing transactions to occur over the Internet through the Office website at www.uspto.gov. Deposit accounts can be maintained through the Internet and funds replenished by check or electronic funds transfer. [ Note 2.] A deposit account may be used for payment of any necessary fee when filing online using ESTTA, or when necessary to file paper documents.

The fees for filing an ex parte appeal to the Board, certain extensions of time to oppose an application, an opposition, and a petition for cancellation, may all be charged to a deposit account, provided that the requirements of 37 C.F.R. § 2.208  are met. However, the charging of a fee against an account that does not contain sufficient funds to cover it cannot be regarded as payment of the fee. [ Note 3.] Thus, the overdrawing of a deposit account may result in the loss of a vital date.

The Office will not accept ex parte appeals if the notice of appeal is not accompanied by at least the minimum fee for one class or specific authorization to charge the deposit account for that fee, as opposed to a general authorization which may have been provided when the application was filed. A general authorization to charge a deposit account will only be effective upon petition to the Director. [ Note 4.] Because the general authorization can only be invoked on petition, the Board itself cannot accept the general authorization as a basis for treating the appeal fee as timely submitted.

NOTES:

 1.   See 37 C.F.R. § 2.208  (Deposit accounts).

 2.   37 C.F.R. § 2.208(c).

 3.   See 37 C.F.R. § 2.208(b).

 4.   In re Sky is the Ltd., 42 USPQ2d 1799, 1800 (Comm’r 1996) ("Requiring the Office mailroom and the ITU/Divisional Unit of the Office to check each application file for a general authorization to charge a deposit account would place an undue and unmanageable burden on those sections of the Office.").