How are maintenance fees for reissue patents handled?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Maintenance fees for reissue patents follow the same schedule as the original utility patent. According to MPEP 2506 : “Maintenance fees for all reissue patents are due based upon the schedule established for the original utility patent.” It’s important to note that reexamination proceedings do not affect the maintenance fee schedule: “The filing of a request for ex parte or inter partes reexamination and/or the publication of a reexamination certificate does not alter the schedule of maintenance fee payments of the original patent.” This means that regardless of any reissue or reexamination proceedings, patent owners must adhere to the maintenance fee schedule of the original utility patent to keep the patent in force. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Window Period for Maintenance Fee Payments Without Surcharge MPEP 2506 Permitted Last Day of Maintenance Fee Window Is Patent Grant Date Plus Years and Months MPEP 2506 Maintenance Fees Cannot Be Paid In Advance MPEP 2506 Prohibited Grace Period for Utility Patent Maintenance Fees MPEP 2506 Permitted Due Dates for Utility Patent Maintenance Fees Defined by Statute MPEP 2506 Window Period for Maintenance Fees Without Surcharge MPEP 2506 Window Periods for Maintenance Fees Must Be Paid Without Surcharge MPEP 2506 Maintenance Fee Grace Periods Are 6 Months After Due Date MPEP 2506 Maintenance Fee Grace Periods for Utility Patents MPEP 2506 Maintenance Fee With Surcharge Due on Anniversary Dates MPEP 2506 Permitted Other Related FAQs 5 FAQs Collapse How are maintenance fee due dates calculated for patents? What are the consequences of not paying a maintenance fee on time? Can maintenance fees be paid ea...