MPEP § 2520 — Maintenance Fee Amounts (Annotated Rules)
§2520 Maintenance Fee Amounts
This page consolidates and annotates all enforceable requirements under MPEP § 2520, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Maintenance Fee Amounts
This section addresses Maintenance Fee Amounts. Primary authority: 35 U.S.C. 41(f), 35 U.S.C. 41(h), and 35 U.S.C. 41(b). Contains: 1 requirement, 2 prohibitions, 1 permission, and 5 other statements.
Key Rules
Post-Issuance & Maintenance Fees
37 CFR 1.20(e)-(h) sets the fee amounts for the maintenance fees and the grace period surcharge. The maintenance fee amounts are subject to adjustment to reflect fluctuations occurring in the Consumer Price Index pursuant to 35 U.S.C. 41(f). The maintenance fee amounts (37 CFR 1.20(e)-(h)) are subject to a 60% reduction for small entities pursuant to 35 U.S.C. 41(h) and an 80% reduction for micro entities. The Maintenance Fee Branch may be contacted or the USPTO Fee Information website (www.uspto.gov/Fees) may be accessed for the current maintenance fee amounts.
37 CFR 1.20(e)-(h) sets the fee amounts for the maintenance fees and the grace period surcharge. The maintenance fee amounts are subject to adjustment to reflect fluctuations occurring in the Consumer Price Index pursuant to 35 U.S.C. 41(f). The maintenance fee amounts (37 CFR 1.20(e)-(h)) are subject to a 60% reduction for small entities pursuant to 35 U.S.C. 41(h) and an 80% reduction for micro entities. The Maintenance Fee Branch may be contacted or the USPTO Fee Information website (www.uspto.gov/Fees) may be accessed for the current maintenance fee amounts.
37 CFR 1.20(e)-(h) sets the fee amounts for the maintenance fees and the grace period surcharge. The maintenance fee amounts are subject to adjustment to reflect fluctuations occurring in the Consumer Price Index pursuant to 35 U.S.C. 41(f). The maintenance fee amounts (37 CFR 1.20(e)-(h)) are subject to a 60% reduction for small entities pursuant to 35 U.S.C. 41(h) and an 80% reduction for micro entities. The Maintenance Fee Branch may be contacted or the USPTO Fee Information website (www.uspto.gov/Fees) may be accessed for the current maintenance fee amounts.
37 CFR 1.366(g) provides that maintenance fees and surcharges relating thereto will not be refunded except in accordance with 37 CFR 1.26 and 1.28(a). A patentee cannot obtain a refund of a maintenance fee that was due and payable on the patent. Any duplicate payment will be refunded to the fee submitter.
37 CFR 1.366(g) provides that maintenance fees and surcharges relating thereto will not be refunded except in accordance with 37 CFR 1.26 and 1.28(a). A patentee cannot obtain a refund of a maintenance fee that was due and payable on the patent. Any duplicate payment will be refunded to the fee submitter.
Term Lapse for Maintenance Fee
The term of a patent might be shortened, e.g., by a terminal disclaimer. If a patent will expire part way between the due dates set in 35 U.S.C. 41(b), or between the latest due date and the term set in 35 U.S.C. 154, it is still required that the entire maintenance fee amount for the due date be paid. The maintenance fee amount cannot be prorated to cover only the amount of time past the due date before the patent expires.
The term of a patent might be shortened, e.g., by a terminal disclaimer. If a patent will expire part way between the due dates set in 35 U.S.C. 41(b), or between the latest due date and the term set in 35 U.S.C. 154, it is still required that the entire maintenance fee amount for the due date be paid. The maintenance fee amount cannot be prorated to cover only the amount of time past the due date before the patent expires.
Grace Period Window
37 CFR 1.20(e)-(h) sets the fee amounts for the maintenance fees and the grace period surcharge. The maintenance fee amounts are subject to adjustment to reflect fluctuations occurring in the Consumer Price Index pursuant to 35 U.S.C. 41(f). The maintenance fee amounts (37 CFR 1.20(e)-(h)) are subject to a 60% reduction for small entities pursuant to 35 U.S.C. 41(h) and an 80% reduction for micro entities. The Maintenance Fee Branch may be contacted or the USPTO Fee Information website (www.uspto.gov/Fees) may be accessed for the current maintenance fee amounts.
Effect of Terminal Disclaimer on Term
The term of a patent might be shortened, e.g., by a terminal disclaimer. If a patent will expire part way between the due dates set in 35 U.S.C. 41(b), or between the latest due date and the term set in 35 U.S.C. 154, it is still required that the entire maintenance fee amount for the due date be paid. The maintenance fee amount cannot be prorated to cover only the amount of time past the due date before the patent expires.
Maintenance Fee Amounts
37 CFR 1.366(g) provides that maintenance fees and surcharges relating thereto will not be refunded except in accordance with 37 CFR 1.26 and 1.28(a). A patentee cannot obtain a refund of a maintenance fee that was due and payable on the patent. Any duplicate payment will be refunded to the fee submitter.
Citations
| Primary topic | Citation |
|---|---|
| Effect of Terminal Disclaimer on Term Term Lapse for Maintenance Fee | 35 U.S.C. § 154 |
| Effect of Terminal Disclaimer on Term Term Lapse for Maintenance Fee | 35 U.S.C. § 41(b) |
| Grace Period Window Post-Issuance & Maintenance Fees | 35 U.S.C. § 41(f) |
| Grace Period Window Post-Issuance & Maintenance Fees | 35 U.S.C. § 41(h) |
| Grace Period Window Post-Issuance & Maintenance Fees | 37 CFR § 1.20(e) |
| Maintenance Fee Amounts Post-Issuance & Maintenance Fees | 37 CFR § 1.26 |
| Maintenance Fee Amounts Post-Issuance & Maintenance Fees | 37 CFR § 1.366(g) |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2520 — Maintenance Fee Amounts
Source: USPTO2520 Maintenance Fee Amounts [R-01.2024]
37 CFR 1.20(e)-(h) sets the fee amounts for the maintenance fees and the grace period surcharge. The maintenance fee amounts are subject to adjustment to reflect fluctuations occurring in the Consumer Price Index pursuant to 35 U.S.C. 41(f). The maintenance fee amounts (37 CFR 1.20(e)-(h)) are subject to a 60% reduction for small entities pursuant to 35 U.S.C. 41(h) and an 80% reduction for micro entities. The Maintenance Fee Branch may be contacted or the USPTO Fee Information website (www.uspto.gov/Fees) may be accessed for the current maintenance fee amounts.
The term of a patent might be shortened, e.g., by a terminal disclaimer. If a patent will expire part way between the due dates set in 35 U.S.C. 41(b), or between the latest due date and the term set in 35 U.S.C. 154, it is still required that the entire maintenance fee amount for the due date be paid. The maintenance fee amount cannot be prorated to cover only the amount of time past the due date before the patent expires.
37 CFR 1.366(g) provides that maintenance fees and surcharges relating thereto will not be refunded except in accordance with 37 CFR 1.26 and 1.28(a). A patentee cannot obtain a refund of a maintenance fee that was due and payable on the patent. Any duplicate payment will be refunded to the fee submitter.