When can maintenance fees for utility patents be paid?

Maintenance fees for utility patents can be paid during specific time periods as outlined in MPEP 2506: Window Period: Fees can be paid without surcharge during the 6-month periods preceding each due date, as defined in 35 U.S.C. 41(b). Grace Period: Fees can be paid with a surcharge during the 6-month periods immediately following each…

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When are maintenance fees due for utility patents?

Maintenance fees for utility patents are due at specific intervals after the patent grant. According to MPEP 2504: “Maintenance fees may be paid in patents without surcharge during the periods extending respectively from: (1) 3 years through 3 years and 6 months after grant for the first maintenance fee, (2) 7 years through 7 years…

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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 drawings in patents be used as prior art?

Yes, drawings in patents can be used as prior art. According to MPEP 2125, “Drawings and pictures can anticipate claims if they clearly show the structure which is claimed.” This applies to both design patents and utility patents. The MPEP further states: “The origin of the drawing is immaterial. For instance, drawings in a design…

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Are maintenance fees required for all types of patents?

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…

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