Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2500 – Maintenance Fees (1)
Are maintenance fees required for all types of patents?
No, maintenance fees are not required for all types of patents. The MPEP 2504 provides clear guidance on which patents are subject to maintenance fees:
“Maintenance fees are required to be paid on all patents based on applications filed on or after December 12, 1980, except for plant patents based on applications filed before June 8, 1995. This includes reissue patents as well as original patents.“
Here’s a breakdown of maintenance fee requirements by patent type:
- Utility patents: Subject to maintenance fees
- Design patents: Not subject to maintenance fees
- Plant patents (filed before June 8, 1995): Not subject to maintenance fees
- Plant patents (filed on or after June 8, 1995): Subject to maintenance fees
- Reissue patents: Subject to maintenance fees if the original patent was subject to them
It’s crucial for patent holders to understand these distinctions to properly maintain their patent rights and avoid unintentional expiration due to non-payment of required fees.
To learn more:
MPEP 2504 – Patents Subject To Maintenance Fees (1)
Are maintenance fees required for all types of patents?
No, maintenance fees are not required for all types of patents. The MPEP 2504 provides clear guidance on which patents are subject to maintenance fees:
“Maintenance fees are required to be paid on all patents based on applications filed on or after December 12, 1980, except for plant patents based on applications filed before June 8, 1995. This includes reissue patents as well as original patents.“
Here’s a breakdown of maintenance fee requirements by patent type:
- Utility patents: Subject to maintenance fees
- Design patents: Not subject to maintenance fees
- Plant patents (filed before June 8, 1995): Not subject to maintenance fees
- Plant patents (filed on or after June 8, 1995): Subject to maintenance fees
- Reissue patents: Subject to maintenance fees if the original patent was subject to them
It’s crucial for patent holders to understand these distinctions to properly maintain their patent rights and avoid unintentional expiration due to non-payment of required fees.
To learn more:
MPEP 2600 – Optional Inter Partes Reexamination (1)
Intervening rights in inter partes reexamination are essentially the same as those for reissue patents. The MPEP 2693 clearly states:
“The situation of intervening rights resulting from inter partes reexamination proceedings parallels the intervening rights situation resulting from reissue patents or from ex parte reexamination proceedings. The rights detailed in 35 U.S.C. 252 for reissue apply equally in reexamination and reissue situations.“
This means that the legal principles and protections established for intervening rights in reissue patents are also applicable to patents that have undergone inter partes reexamination.
To learn more:
MPEP 2693 – Intervening Rights (1)
Intervening rights in inter partes reexamination are essentially the same as those for reissue patents. The MPEP 2693 clearly states:
“The situation of intervening rights resulting from inter partes reexamination proceedings parallels the intervening rights situation resulting from reissue patents or from ex parte reexamination proceedings. The rights detailed in 35 U.S.C. 252 for reissue apply equally in reexamination and reissue situations.“
This means that the legal principles and protections established for intervening rights in reissue patents are also applicable to patents that have undergone inter partes reexamination.
To learn more:
Patent Law (2)
Intervening rights in inter partes reexamination are essentially the same as those for reissue patents. The MPEP 2693 clearly states:
“The situation of intervening rights resulting from inter partes reexamination proceedings parallels the intervening rights situation resulting from reissue patents or from ex parte reexamination proceedings. The rights detailed in 35 U.S.C. 252 for reissue apply equally in reexamination and reissue situations.“
This means that the legal principles and protections established for intervening rights in reissue patents are also applicable to patents that have undergone inter partes reexamination.
To learn more:
Are maintenance fees required for all types of patents?
No, maintenance fees are not required for all types of patents. The MPEP 2504 provides clear guidance on which patents are subject to maintenance fees:
“Maintenance fees are required to be paid on all patents based on applications filed on or after December 12, 1980, except for plant patents based on applications filed before June 8, 1995. This includes reissue patents as well as original patents.“
Here’s a breakdown of maintenance fee requirements by patent type:
- Utility patents: Subject to maintenance fees
- Design patents: Not subject to maintenance fees
- Plant patents (filed before June 8, 1995): Not subject to maintenance fees
- Plant patents (filed on or after June 8, 1995): Subject to maintenance fees
- Reissue patents: Subject to maintenance fees if the original patent was subject to them
It’s crucial for patent holders to understand these distinctions to properly maintain their patent rights and avoid unintentional expiration due to non-payment of required fees.
To learn more:
Patent Procedure (2)
Intervening rights in inter partes reexamination are essentially the same as those for reissue patents. The MPEP 2693 clearly states:
“The situation of intervening rights resulting from inter partes reexamination proceedings parallels the intervening rights situation resulting from reissue patents or from ex parte reexamination proceedings. The rights detailed in 35 U.S.C. 252 for reissue apply equally in reexamination and reissue situations.“
This means that the legal principles and protections established for intervening rights in reissue patents are also applicable to patents that have undergone inter partes reexamination.
To learn more:
Are maintenance fees required for all types of patents?
No, maintenance fees are not required for all types of patents. The MPEP 2504 provides clear guidance on which patents are subject to maintenance fees:
“Maintenance fees are required to be paid on all patents based on applications filed on or after December 12, 1980, except for plant patents based on applications filed before June 8, 1995. This includes reissue patents as well as original patents.“
Here’s a breakdown of maintenance fee requirements by patent type:
- Utility patents: Subject to maintenance fees
- Design patents: Not subject to maintenance fees
- Plant patents (filed before June 8, 1995): Not subject to maintenance fees
- Plant patents (filed on or after June 8, 1995): Subject to maintenance fees
- Reissue patents: Subject to maintenance fees if the original patent was subject to them
It’s crucial for patent holders to understand these distinctions to properly maintain their patent rights and avoid unintentional expiration due to non-payment of required fees.
To learn more: