How are maintenance fees for reissue patents handled?
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.
To learn more:
Topics:
MPEP 2500 - Maintenance Fees,
MPEP 2506 - Times For Submitting Maintenance Fee Payments,
Patent Law,
Patent Procedure