Brief Summary:
Maintenance fees must be paid on all utility applications filed after December 12, 1980.
Maintenance fees are not required on design or plant patents. The fees are due 3, 7 and 11 years after the patent is issued. The date used for calculating the due dates of the fees varies depending on specific circumstances, however, it is usually the U.S. filing date for the application.
Key Terms:
| Grace Period | A grace period is a set time frame before filing a patent application during which public disclosure of an invention does not affect its patentability. |
| Maintenance Fees | Maintenance fees are periodic payments required to keep a granted patent in force, ensuring the patent holder retains exclusive rights to the invention. |
| Unintentional Delay | Unintentional delay refers to a delay in meeting a deadline, such as paying maintenance fees, that occurred despite the patent holder’s reasonable efforts to comply, allowing for potential reinstatement of rights if the delay is deemed unintentional. |
37 CFR (Code of Federal Regulations):
| 37 CFR 1.366 – Submission of maintenance fees. |
| 37 CFR 1.366 specifies the procedures and requirements for submitting maintenance fees to keep a patent in force, including payment schedules and necessary documentation. |
| 37 CFR 1.362 – Time for payment of maintenance fees. |
| 37 CFR 1.362 outlines the specific timeframes within which maintenance fees must be paid to maintain a patent’s validity, including grace periods and consequences for late payments. |
Quick Statistics:
Number of Pages: 33 pgs
Sections: 2501 – 2595
List of Sections:
| 2501 | Introduction |
| 2502 – 2503 | [Reserved] |
| 2504 | Patents Subject to Maintenance Fees |
| 2505 | [Reserved] |
| 2506 | Times for Submitting Maintenance Fee Payments |
| 2507 – 2509 | [Reserved] |
| 2510 | Submission of Maintenance Fee Payments and Documents |
| 2511 – 2514 | [Reserved] |
| 2515 | Information Required for Submission of Maintenance Fee Payment |
| 2516 – 2519 | [Reserved] |
| 2520 | Maintenance Fee Amounts |
| 2521 | [Reserved] |
| 2522 | Methods of Payment |
| 2523 – 2529 | [Reserved] |
| 2530 | Special Acceptance of Maintenance Fee Payments Containing Informalities |
| 2531 | Payment Late or Insufficient |
| 2532 | Duplicate Payments |
| 2533 – 2539 | [Reserved] |
| 2540 | Fee Address for Maintenance Fee Purposes |
| 2541 | [Reserved] |
| 2542 | Change of Correspondence Address |
| 2543 – 2549 | [Reserved] |
| 2550 | Entity Status Discounts |
| 2551 – 2559 | [Reserved] |
| 2560 | Revocation of Power of Attorney and Withdrawal of Attorney |
| 2561 – 2569 | [Reserved] |
| 2570 | Maintenance Fee Payment Status Requests |
| 2571 – 2574 | [Reserved] |
| 2575 | Notices |
| 2576 – 2579 | [Reserved] |
| 2580 | Review of Decision Refusing to Accept and Record Payment of a Maintenance Fee Filed Prior to Expiration of Patent |
| 2581 – 2589 | [Reserved] |
| 2590 | Acceptance of Delayed Payment of Maintenance Fee in Expired Patent to Reinstate Patent |
| 2591 | Intervening Rights in Reinstated Patents |
| 2592 – 2594 | [Reserved] |
| 2595 | Forms |