Chapter 2500: Maintenance Fees

Summary

Rankings

Frequency

Training

Video Digest

Mind Map

Objectives

Key Terms

   Summary:

Maintenance fees must be paid on all utility applications. 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.

   Chapter Ranking Chart:

   MPEP Section Frequency:

   Patent Training Workshop Videos:

   Video Digest:

   Mindmap:

• Click on image to see full-size view or download the mindmap PDF.
• Download the PDF outline.

   Objectives

• Know exactly when maintenance fees are due for all possible circumstances.
• Become familiar with the fee address for maintenance fee purposes and how to change that address.
• Know what happens when maintenance fees are not paid.
• Know the following laws and rules:

37 C.F.R. 1.362	Time for payment of maintenance fees.
37 C.F.R. 1.363	Fee address for maintenance fee purposes.
37 C.F.R. 1.366	Submission of maintenance fees.
37 C.F.R. 1.377	Review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of patent.
37 C.F.R. 1.378	Acceptance of delayed payment of maintenance fee in expired patent to reinstate patent.

 

   Key Terms

• Grace period
• Maintenance fees
• Unintentional delay