If the issue fee is paid late unintentionally, what is the outcome?

When the issue fee is paid late unintentionally, the United States Patent and Trademark Office (USPTO) has established that it will accept the late payment without imposing any penalties or consequences. This means that even if the payment is made after the specified deadline, as long as it is a result of an unintentional delay, the application can still proceed to issuance. This practice is in place to provide some leniency for applicants who may encounter unforeseen circumstances that prevent timely payment.

The rationale behind this policy is to ensure that inventors are not unjustly penalized for minor mishaps in administrative processes, allowing innovation to continue without the hurdle of strict adherence to deadlines in every instance. Thus, even though the fee is late, the acceptance of the fee allows the patent to proceed towards grant without affecting the patent's rights.

In contrast, other options such as denial of the application or the fee being refunded would not accurately reflect the USPTO’s approach in such scenarios. Additionally, the statement regarding patent term adjustment being unaffected is not correct as the principle focus is on the acceptance of the fee without penalties, rather than its impact on patent duration.