Can maintenance fees be prorated for patents expiring between due dates?
No, maintenance fees cannot be prorated for patents expiring between due dates. The MPEP 2520 clearly states:
“If a patent will expire part way between the due dates set in 35 U.S.C. 41(b), or between the latest due date and the term set in 35 U.S.C. 154, it is still required that the entire maintenance fee amount for the due date be paid. The maintenance fee amount cannot be prorated to cover only the amount of time past the due date before the patent expires.”
This means that even if your patent is set to expire shortly after a maintenance fee due date, you must pay the full amount for that period. The USPTO does not offer partial payments based on the remaining patent term.
To learn more:
Topics:
MPEP 2500 - Maintenance Fees,
MPEP 2520 - Maintenance Fee Amounts,
Patent Law,
Patent Procedure