Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Failure to pay a maintenance fee on time can result in the expiration of the patent. According to MPEP 2506:
“A patent that expires for failure of payment will expire on the day following the anniversary date the patent was granted in the 4th, 8th, or 12th year after the grant.”
The expiration occurs even if the last day for payment falls on a weekend or holiday. The MPEP clarifies:
“For example, if the grace period for paying a maintenance fee with a surcharge ended on a Saturday, the maintenance fee and surcharge could be paid on the next succeeding business day, e.g., Monday, but the patent will have expired after midnight on Saturday (e.g., on Sunday) if the maintenance fee and surcharge were not paid on the following Monday.”
It’s crucial for patent owners to be aware of these deadlines and ensure timely payment to maintain their patent rights.
Maintenance Fees Cannot Be Paid In Advance MPEP 2506 Prohibited
Window Period for Maintenance Fee Payments Without Surcharge MPEP 2506 Permitted
Grace Period for Utility Patent Maintenance Fees MPEP 2506 Permitted
Window Period for Maintenance Fees Without Surcharge MPEP 2506 Informative
Due Dates for Utility Patent Maintenance Fees Defined by Statute MPEP 2506 Informative