Patent Post Issues Basic Information

What Needs to Be Done After a Patent is Issued? A maintenance fee must be paid to keep a granted patent in force in the United States for utility patents. Design patents and plant patents are not subject to maintenance fees.

What is a Maintenance Fee? Maintenance fees or renewal fees are fees that are paid to maintain a granted patent in force. The patent issue fee only covers the first four years of your patent. Thereafter, if you do not pay the required maintenance fees, the patent will expire. Your granted patent will subsist in force for 20 years from the filing date of its application, provided the maintenance fees are paid.

When Must I Start Paying Maintenance Fees? Maintenance fees are due 3 ½, 7 ½, and 11 ½ years after the patent is granted. Maintenance fees may be paid 6 months before the due date but no earlier. At the end of the half year window during which a maintenance fee may be paid , a six month grace period begins during which the fee may still be paid with a small surcharge.

What Happens if I Don’t Pay the Maintenance Fee? If you don’t pay the maintenance fees, your patent will be considered to be abandoned. After 2 ½ years, the patent will be considered to be “permanently” abandoned and donated to the public.