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 filed, or if the application claims the benefit of an earlier filed U.S. application or applications (excluding provisional applications), the patent term ends 20 years from the date the earliest such application was filed.”
While maintenance fees don’t extend the patent term, failing to pay them can result in the patent expiring before the end of its full term.
To learn more:
Topics:
MPEP 2500 - Maintenance Fees,
MPEP 2504 - Patents Subject To Maintenance Fees,
Patent Law,
Patent Procedure