Are renewal fees required to maintain a U.S. design patent in force?
No, renewal fees are not required to maintain a U.S. design patent in force, even if it originated from an international design application. This is clearly stated in MPEP 2950, which cites 37 CFR 1.1031(e):
“Payment of the fees referred to in Article 17 and Rule 24 for renewing an international registration (“renewal fees”) is not required to maintain a U.S. patent issuing on an international design application in force.”
It’s important to note that while renewal fees may be required for the international registration itself, these fees must be submitted directly to the International Bureau, not to the USPTO. Any renewal fee submitted to the USPTO will not be transmitted to the International Bureau.
To learn more:
Topics:
MPEP 2900 - International Design Applications,
MPEP 2950 - Grant Of Protection Only Upon Issuance Of Patent; Term Of Design Patent,
Patent Law,
Patent Procedure