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At the end of the half-year window during which a maintenance fee may be paid, a six-month grace period begins during which a patentee may still pay the maintenance fee along with a small surcharge (as of 2016: $160 for a large entity, $80 for a small entity; and $40 for a micro entity) in order to maintain the patent. [29]
Example: The validity of a patent (filing: January 1, 2000; issue: January 1, 2002; end: January 1, 2020) is challenged. The USPTO issues a Certificate of Reexamination on January 1, 2004. The reexamined patent is in force until January 1, 2020, assuming payment of all maintenance fees.
Once a good faith determination of small entity status has been made and appropriately established with the USPTO, the lower small entity fees may be paid in the application without regard to change in status until the issue fee or maintenance fee is due. 37 C.F.R. § 1.27(g)(1).
In most patent laws, annuities or maintenance fees have to be regularly paid in order to keep the patent in force. Thus, a patent may lapse before its term if a renewal fee is not paid in due time. Thus, a patent may lapse before its term if a renewal fee is not paid in due time.
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia.
Filing a QPIDS request requires a payment of full RCE and IDS fees, which are refunded, if no RCE is opened. However, QPIDS petition fee is not returned. [7] Ca. 2018 the QPIDS program became permanent, [8] even though USPTO's own study in 2014 showed very low applicants' participation rate. [9]
Providing the maintenance fees are paid, utility patents are generally valid for up to 20 years from the date of filing (with some exceptions). [13] Design patents cover the ornamental appearance of an item. Design patents can be invalidated if the design is dictated solely by function (e.g. the outline of a key blade blank).
A fee to be paid to maintain a patent or patent application into force, see maintenance fee (patent) A management fee, see Mutual fund fees and expenses; Maintenance fee (EPA), the annual fees paid by pesticide manufacturers and formulators to continue registration of pesticide active ingredients and products with the Environmental Protection ...