Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
According to MPEP 2515, anyone can pay maintenance fees for a patent. Specifically, the section states:
“The patentee may pay maintenance fees and any necessary surcharges or any person or organization may pay maintenance fees and any necessary surcharges on behalf of the patentee.“
This means that the patent owner, a legal representative, or even a third party can submit the payment. No special authorization is required for someone other than the patentee to pay the fees.
Patentee or Agent Can Pay Maintenance Fees MPEP 2515 Permitted
Patentee Need Not Authorize Others to Pay Maintenance Fees MPEP 2515 Informative
Payment of Maintenance Fees and Surcharges Must Be Submitted Within Specified Periods MPEP 2515 Required
Late Payment of Maintenance Fees Not Acceptable Except by Petition MPEP 2515 Informative
Incorrect Payment Does Not Count As Fee Payment MPEP 2515 Required