Maintenance Fees for Patents (U.S.)

Summary

A patentee is required to pay periodic maintenance fees for the patent to remain in force throughout the patent term. Under 35 U.S.C. § 41, maintenance fees are due at three points during the patent term: 3.5 years, 7.5 years and 11.5 years from the date of issue. There is a grace period for payment of six months; however, this period requires a surcharge. If maintenance fees are not timely paid, the patent expires. Under certain circumstances, a maintenance fee may be paid late and the patent may be revived if the lapse was unintentional. Maintenance fees are not required for plant or design patents.