What is the grace period for paying maintenance fees?

The grace period for paying maintenance fees is specified in 37 CFR 1.362(e). While MPEP 2531 doesn’t explicitly state the duration of the grace period, it references this regulation:

“Reply to the notice is required prior to expiration of the grace period provided by 37 CFR 1.362(e) in order to avoid the expiration of the patent.”

The grace period is typically 6 months from the due date of the maintenance fee. During this period, the maintenance fee can still be paid, but with an additional surcharge. It’s important to note that:

• The patent remains in force during the grace period.
• If the fee (plus surcharge) is not paid by the end of the grace period, the patent will expire.
• Once the grace period expires, reinstating the patent requires a petition under 37 CFR 1.378.

Always consult the current USPTO regulations or a patent attorney for the most up-to-date information on grace periods and maintenance fee requirements.

To learn more:

• maintenance fees
• grace period
• patent expiration
• surcharge
• reinstatement