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Maintenance fees or renewal fees are fees paid to maintain a granted patent in force. Some patent laws require the payment of maintenance fees for pending patent applications. Not all patent laws require the payment of maintenance fees and different laws provide different regulations concerning not only the amount payable but also the ...
Because the actual fees paid to the Patent Office for the examination of a patent application are a fraction of the overall cost of securing a patent (which includes attorney fees), there is reason to believe that even a two-fold or three-fold increase in examination fees will not substantially impede access to the U.S. patent system." [23]
In United States patent law, utility is a patentability requirement. [1] As provided by 35 U.S.C. § 101, an invention is "useful" if it provides some identifiable benefit and is capable of use and "useless" otherwise. [2]
Under United States patent law, the term of patent, provided that maintenance fees are paid on time, is 20 years from the filing date of the earliest U.S. or international application (that is to say, an application under the PCT system) to which priority is claimed (excluding provisional applications). [1] [2] [3]
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).
Utility model applications may be prepared and filed at local patent offices in countries where utility model protection is available. The table below is a list of countries having utility model protection under various names as at March 2008.
These fees are generally payable on a yearly basis. Some countries or regional patent offices (e.g. the European Patent Office) also require annual renewal fees to be paid for a patent application before it is granted. In the US, patent maintenance fees are due on 3.5, 7.5 and 11.5 anniversaries of the patent issuance. [93]
37 C.F.R. § 1.27(g)(1). In practical terms, this rule relieves applicants and their representatives of the burdensome duty to constantly reevaluate the determination of an application's assignee organization(s)' small entity status(es) throughout the pendency of the application up to and until the issue fee is paid.
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