The USPTO has received questions from patent practitioners whether the $118 annual maintenance fee for 2009 must be paid by September 30, 2009.  The Final Rules adopted in November 2008 do not specify the date by which the annual fee, if collected, must be paid. Further, the Rule requires that adequate notice be “published and sent to practitioners in advance of the due date.”   The agency has not issued a notice to pay the annual practitioner maintenance fee for FY2009, nor has it required payment of the fee by September 30, 2009. No decision has been made to collect the fee in 2009.