Does the USPTO have a duty to notify patentees about maintenance fee due dates?
No, the USPTO does not have a legal duty to notify patentees about maintenance fee due dates. As stated in MPEP 2575:
“Under the statutes and the regulations, the Office has no duty to notify patentees when their maintenance fees are due. It is the responsibility of the patentee to ensure that the maintenance fees are paid to prevent expiration of the patent.”
While the USPTO may provide courtesy notices, these do not shift the responsibility from the patentee to the Office.
To learn more:
Topics:
MPEP 2500 - Maintenance Fees,
MPEP 2575 - Notices,
Patent Law,
Patent Procedure