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If the maintenance fee has not been paid at the conclusion of the grace period, the patent expires for non-payment of maintenance fees. However, the patent can be revived, by a petition indicating that the non-payment was unintentional. [30] The data released by the USPTO in 2023 [31] shows that the rate of patent maintenance remained fairly ...
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 the US, patent maintenance fees are due on 3.5, 7.5 and 11.5 anniversaries of the patent issuance. [93] Only ca. 50% of issued US patents are maintained full term. Large corporations tend to pay maintenance fees through the full term, while small companies are more likely to abandon their patents earlier, even though the due fees are ca. 5 ...
The term of a patent is the maximum time during which it can be maintained in force. It is usually expressed in a number of years either starting from the filing date of the patent application or from the date of grant of the patent. In most patent laws, annuities or maintenance fees have to be regularly paid in order to keep the patent in ...
For patents filed on or after June 8, 1995, under the TRIPS agreement, continuation patents expire 20 years from the date of filing of the parent patent application, regardless of when the patent is granted. Thus, Lemelson's "submarine patents" strategy of taking steps that would delay the patent grant date will no longer extend the patent ...
Design patents can be invalidated if the design is dictated solely by function (e.g. the outline of a key blade blank). Design patents are valid for 14 years from the date of issue if filed prior to May 13, 2015, or 15 years from the date of issue if filed on or after May 13, 2015. [14] [15] There are no maintenance fees.
The European patent, the Eurasian patent, and the ARIPO patent each effectively lead, once granted, to a bundle of national patents for which there might be separate translation requirements (for example in the European Patent Convention), maintenance fees, [57] [citation needed] durations of protection (for example with ARIPO) [58] and ...