If the maintenance fee is due prior to the issuance of a reissue patent, what will paying the maintenance fee maintain?
If the maintenance fee is due prior to the issuance of a reissue patent, the maintenance fee must be paid in the original patent to maintain:
- (1) the reissue patent in force beyond the end of the applicable grace period and
- (2) the pendency of any applications for reissue of the original patent.
The answer to this question can be found in chapter 1400 of the MPEP. This chapter covers Correction of Patents.
The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.
This question and answer comes from section 1415.01 of the MPEP. The following is a brief summary of section 1415.01.
1415.01 Maintenance Fees on the Original Patent
This section covers the maintenance fees on the original patent. Essentially, the maintenance fee schedule does not change on the original patent by filing a reissue application.