What are the exceptions to maintenance fee requirements for patents?
What are the exceptions to maintenance fee requirements for patents?
There are specific exceptions to maintenance fee requirements for certain types of patents. According to MPEP 2504:
- Design patents are not subject to maintenance fees
- Plant patents issued from applications filed before June 8, 1995 are not subject to maintenance fees
- Plant patents issued from applications filed on or after June 8, 1995 are subject to maintenance fees
The MPEP states: “Design patents and patents issued from applications filed before June 8, 1995 are not subject to payment of maintenance fees.” This distinction is important for patent holders to understand their obligations regarding maintenance fees.
To learn more:
Topics:
MPEP 2500 - Maintenance Fees,
MPEP 2504 - Patents Subject To Maintenance Fees,
Patent Law,
Patent Procedure