What forms are recommended for submitting maintenance fees?

The Manual of Patent Examining Procedure (MPEP) recommends two main forms for submitting maintenance fees: “Maintenance Fee Transmittal Form,” Form PTO/SB 45: This form is used for submitting the actual maintenance fee. “‘Fee Address’ Indication Form,” Form PTO/SB/47: This form is used for establishing a fee address for maintenance fee purposes. As stated in MPEP…

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Which patents are subject to maintenance fees?

Maintenance fees are required for utility patents based on applications filed on or after December 12, 1980. As stated in MPEP 2504: “Maintenance fees are required to be paid in all patents based on applications filed on or after December 12, 1980, except as noted in paragraph (b) of this section, to maintain a patent…

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How is the patent term affected by maintenance fees?

The payment of maintenance fees is crucial for maintaining the full term of a utility patent. According to MPEP 2504: “Subject to the payment of maintenance fees and any patent term extension, adjustment, or disclaimer, the patent term begins on the date the patent issues and ends 20 years from the date the application was…

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Can maintenance fees be paid in advance?

No, maintenance fees cannot be paid in advance. The MPEP 2506 clearly states: “Maintenance fees cannot be paid in advance since 35 U.S.C. 41(f) permits maintenance fees to be adjusted every year on October 1 to reflect any fluctuations during the previous 12 months in the Consumer Price Index as determined by the Secretary of…

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What payment methods are accepted for patent maintenance fees?

The USPTO accepts various payment methods for patent maintenance fees. According to MPEP 2510: “Maintenance fee payments can be made electronically over the Internet at www.uspto.gov by credit card, electronic funds transfer (EFT), or by an USPTO deposit account.” Additionally, for those who prefer non-electronic methods, the MPEP states: “Payments may be made by check,…

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How 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,…

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