Can maintenance fees be paid in advance?
No, maintenance fees cannot be paid in advance. The MPEP 2506 clearly states:
“Maintenance fees cannot be paid in advance since 35 U.S.C. 41(f) permits maintenance fees to be adjusted every year on October 1 to reflect any fluctuations during the previous 12 months in the Consumer Price Index as determined by the Secretary of Labor.”
This provision allows for annual adjustments to maintenance fees, which is why they cannot be prepaid.
To learn more:
Topics:
MPEP 2500 - Maintenance Fees,
MPEP 2506 - Times For Submitting Maintenance Fee Payments,
Patent Law,
Patent Procedure