Are there any exceptions to paying maintenance fees at the small entity rate?
Yes, there are exceptions to paying maintenance fees at the small entity rate, particularly for certain government organizations. The MPEP 2550 states:
“A federal agency paying a maintenance fee on a patent based on a license from a federal employee inventor is not eligible to pay the small entity maintenance fee rate.”
This means that even if a federal employee inventor would qualify for small entity status individually, a federal agency licensing their invention must pay the standard (undiscounted) maintenance fee rate. It’s important for government organizations and inventors to be aware of this exception when determining the appropriate maintenance fee payment.
To learn more:
Topics:
MPEP 2500 - Maintenance Fees,
MPEP 2550 - Entity Status Discounts,
Patent Law,
Patent Procedure