How does a terminal disclaimer affect maintenance fee payments?
A terminal disclaimer can affect the term of a patent, but it does not change the maintenance fee payment requirements. According to MPEP 2520: “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…
Read MoreAre there reduced maintenance fees for small and micro entities?
Yes, there are significant reductions in maintenance fees for small and micro entities. According to MPEP 2520: “The maintenance fee amounts (37 CFR 1.20(e)-(h)) are subject to a 50% reduction for small entities pursuant to 35 U.S.C. 41(h) and a 75% reduction for micro entities.” This means that small entities pay only half of the…
Read MoreAre maintenance fees refundable if a patent expires early?
Generally, maintenance fees are not refundable if a patent expires early. The MPEP 2520 provides clear guidance on this matter: “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…
Read MoreCan maintenance fees be prorated for patents expiring between due dates?
No, maintenance fees cannot be prorated for patents expiring between due dates. The MPEP 2520 clearly states: “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…
Read MoreHow are maintenance fee amounts determined for patents?
Maintenance fee amounts for patents are set by 37 CFR 1.20(e)-(h) and are subject to adjustment based on fluctuations in the Consumer Price Index, as per 35 U.S.C. 41(f). The MPEP states: “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).” Additionally,…
Read MoreWhere can I find the current patent maintenance fee amounts?
To find the current patent maintenance fee amounts, you have two primary options according to MPEP 2520: Contact the Maintenance Fee Branch of the USPTO directly. Visit the USPTO Fee Information website. The MPEP states: “The Maintenance Fee Branch may be contacted or the USPTO Fee Information website (www.uspto.gov/Fees) may be accessed for the current…
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