How do reissue patents affect maintenance fee requirements?
How do reissue patents affect maintenance fee requirements?
Reissue patents have specific rules regarding maintenance fee requirements. According to MPEP 2504:
“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.“
Key points to understand about reissue patents and maintenance fees:
- Reissue patents are subject to maintenance fees if the original patent was subject to them
- The maintenance fee schedule for a reissue patent is based on the date of the original patent grant
- Any maintenance fees paid on the original patent are applied to the reissue patent
It’s important for patent holders to note that obtaining a reissue patent does not reset or change the maintenance fee schedule established by the original patent grant date.
To learn more:
Topics:
MPEP 2500 - Maintenance Fees,
MPEP 2504 - Patents Subject To Maintenance Fees,
Patent Law,
Patent Procedure