Is the USPTO required to notify patentees about maintenance fee payments?
No, the USPTO is not legally required to notify patentees about maintenance fee payments. According to MPEP 2540:
“Under the statutes and rules, the Office has no duty to notify patentee of the requirement to pay maintenance fees or to notify patentee when the maintenance fee is due. It is solely the responsibility of the patentee to ensure that the maintenance fee is paid timely to prevent expiration of the patent.”
While the USPTO may send courtesy reminders, patentees should not rely on these notifications. The MPEP further states:
“The failure to receive the reminder notice will not shift the burden of monitoring the time for paying a maintenance fee from the patentee to the Office.”
To learn more:
Topics:
MPEP 2500 - Maintenance Fees,
MPEP 2540 - Fee Address For Maintenance Fee Purposes,
Patent Law,
Patent Procedure