TMEP 1606.03(a): Premature Filing of §9 Renewal Application

October 2017 Edition of the TMEP

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1606.03(a)    Premature Filing of §9 Renewal Application

A renewal application may not be filed before the period specified in §9 of the Act. In re Holland Am. Wafer Co., 737 F.2d 1015, 222 USPQ 273 (Fed. Cir. 1984).  If an application for renewal is filed more than one year before the expiration date of the registration, the USPTO will advise the registrant: (1) that the renewal application is premature; (2) of the appropriate time period for filing a renewal application; (3) that the fees submitted will be held; and (4) that the registrant may file a new renewal application at the appropriate time or may request a refund at any time.  The prematurely filed renewal application will be placed in the record for informational purposes only. A timely renewal application must be filed before the end of the grace period, or the registration will expire and the fees will be refunded.  There is no deficiency surcharge for filing a timely substitute renewal application.