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 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:
Topics:
MPEP 2500 - Maintenance Fees,
MPEP 2504 - Patents Subject To Maintenance Fees,
Patent Law,
Patent Procedure