What happens if a maintenance fee is paid during the grace period?

What happens if a maintenance fee is paid during the grace period?

If a maintenance fee is paid during the 6-month grace period following the due date, it will be subject to a surcharge. According to MPEP 2506:

“A maintenance fee may be paid without surcharge at any time during the 6-month period preceding each due date (3 1/2, 7 1/2, and 11 1/2 years after grant). A maintenance fee may be paid with the surcharge during the 6-month grace period following each due date.”

This means that while the patent will remain in force, the patent holder will need to pay an additional fee for late payment. It’s important to note that failure to pay the maintenance fee and surcharge within the grace period will result in the patent expiring.

To learn more:

• maintenance fee
• grace period
• surcharge
• patent expiration