Chapter 2500

Question 1

After patent has been issued, how many maintenance fees must be paid?

Answer 1

3

Question 2

When is the first maintenance fee due?

Answer 2

3 to 3.5 years after the date of issue

Question 3

When is the second maintenance fee due?

Answer 3

7 to 7.5 years after the date of issue

Question 4

When is the third and final maintenance fee due?

Answer 4

11 to 11.5 years after the date of issue

Question 5

Does the Patent Office give patentee a grace period for maintenance fees?

Answer 5

6 months grace period for the payment of each maintenance fee

Question 6

What schedule does maintenance fee for reissue patents follow?

Answer 6

It is based upon the schedule established for the original patent

Question 7

How does filing a request for ex parte or inter partes reexamination or publication of a reexamination certificate affect the schedule for maintenance fee?

Answer 7

It does NOT alter the schedule of maintenance fee payments of the original patent

Question 8

Who can pay the maintenance fees?

Answer 8

the patentee or

any person or organization

Question 9

What happens if patent expires because maintenance fee has NOT been paid?

Answer 9

the patentee may petition to the Director to accept any unavoidably or unintentionally delayed payment