What is the significance of the June 8, 1995 date for plant patent maintenance fees?
What is the significance of the June 8, 1995 date for plant patent maintenance fees?
The date June 8, 1995, is significant for plant patent maintenance fees due to changes in patent law. According to MPEP 2504:
“Plant patents which issue from applications filed on or after June 8, 1995 are subject to payment of maintenance fees.“
This date marks a crucial distinction in the treatment of plant patents:
- Plant patents from applications filed before June 8, 1995, are not subject to maintenance fees
- Plant patents from applications filed on or after June 8, 1995, are subject to maintenance fees
The change was implemented as part of the Uruguay Round Agreements Act, which brought U.S. patent law into compliance with the TRIPS Agreement. This date is essential for plant patent holders to determine whether they have maintenance fee obligations.
To learn more:
Topics:
MPEP 2500 - Maintenance Fees,
MPEP 2504 - Patents Subject To Maintenance Fees,
Patent Law,
Patent Procedure