1415 Reissue Application and Issue Fees
|
I. BASIC REISSUE APPLICATION FILING, SEARCH, AND EXAMINATION FEES
Maintenance fees are not required for a reissue patent if the original patent that was reissued did not require maintenance fees. Design and plant patents do not require the payment of maintenance fees.
- Where the original patent that was reissued did require maintenance fees, the schedule of payments of maintenance fees on the original patent will continue for the reissue patent.
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.
If the reissue application that is scheduled to issue is the only or last pending reissue application, payment should be made in the original patent at least a day prior to the issue date of the reissue application to avoid any uncertainty in the record about payment of the maintenance fee.
II. APPLICATION SIZE FEE
The application size fee applies for each additional 50 sheets or fraction thereof over 100 sheets of paper.
III. EXCESS CLAIMS FEES
For reissue applications filed on or after December 8, 2004, in which a petition under 37 CFR 1.138(d) to expressly abandon the application was filed on or after March 10, 2006, applicant may file a request for refund of the search fee and excess claims fee paid in the application.
The number of claims in the original patent is not relevant in determining the excess claims fee for a reissue application.
Applicant filed a reissue application with the same number of claims as in the patent. The patent has 4 independent claims and 21 total claims. Excess claims fees for the 4th independent claim (one additional independent claim per the fee set forth in 37 CFR 1.16(h)) and the 21st claim (one additional total claim per the fee set forth in 37 CFR 1.16(i)) are required. Under 37 CFR 1.16(h) and (i) , the number of claims in the original patent is not relevant in determining the excess claims fees for a reissue application.
1415.01 Maintenance Fees on the Original Patent
|
The filing of a reissue application does not alter the schedule of payments of maintenance fees on the original patent.
- If maintenance fees have not been paid on the original patent, and the patent has expired, no reissue patent can be granted.
I. PAYMENT OF MAINTENANCE FEES WHERE THE PATENT HAS BEEN REISSUED
Maintenance fees are not required for a reissue patent if the original patent that was reissued did not require maintenance fees.
- Design and plant patents do not require the payment of maintenance fees.
- Where the original patent that was reissued did require maintenance fees, the schedule of payments of maintenance fees on the original patent will continue for the reissue patent.
