Which patents are subject to maintenance fees?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Maintenance fees are required for utility patents based on applications filed on or after December 12, 1980. As stated in MPEP 2504:
“Maintenance fees are required to be paid in all patents based on applications filed on or after December 12, 1980, except as noted in paragraph (b) of this section, to maintain a patent in force beyond 4, 8 and 12 years after the date of grant.”
Plant patents and design patents are exempt from maintenance fees.
Topics:
MPEP 2500 - Maintenance Fees
MPEP 2504 - Patents Subject To Maintenance Fees
Patent Law
Patent Procedure