You can have a fantastic creation as a new inventor that you want to patent in order to keep it secret. A thorough understanding of the legal requirements, deadlines, fees, and steps involved in the patent application process is necessary since patent law is a complicated area.
Here in this blog, you will learn about the US patent maintenance fees that an inventor has to pay after a patent issue.
Let’s start with understanding the patent maintenance fees!
US Patent Maintenance Fees: An Overview
An issued patent, typically a utility patent that is already in impact, needs maintenance. That is why an inventor has to pay patent maintenance fees to the USPTO (the United States Patent and Trademark Office). It is also known as patent renewal fees.
For some patent types, maintenance payments are not required. For instance, maintenance payments are not necessary for plant and design patents. Additionally, certain patents contain rules, including the amount of maintenance costs and how often that must be paid.
Who is responsible for paying fees?
Maintenance payments and any other fees related to the patent can be paid by the Patentee directly. Still, it can also be paid on the Patentee’s behalf by another person or organization.
Payment Requirement in the USPTO
The USPTO mandates that the payment be accompanied by both the appropriate application number and the patent number in addition to the maintenance fee itself. In addition, the reissue Patent and application numbers must be submitted with any maintenance cost for a reissue Patent.
Know About U.S. Patent Maintenance Fees in Detail
Utility patents in the United States are subject to periodic maintenance fees over 20 years at three different times. For design patents, maintenance fees are not necessary. The priority date or the date of patent filing marks the start of this 20-year term.
In the 4th, 8th, and 12th years after the patent is awarded, maintenance costs are needed. There is a six-month “window period” before the maintenance fee is really due. In this period, the payments for patents should be made.
The following is the pricing structure from the USPTO renewal website:
- 4+ years: $1,600 for a large organization, $800 or $400 for a small organization.
- 8+ years: $1,800/$900 for small/micro, $3,600 for big entities.
- 12 years and over $7,400 for big entities, $3,700 or $1850 for small or micro.
Also, the patent office imposes late payment fees of $160 for big organizations, $80 for small organizations, and $40 for micro-organizations for payments made later than six months after the deadline. There is a cost of $1,700 for a big business, $850 for a small organization, and $850 for a micro-organization if the payment is made late due to unavoidable circumstances.
Place: Where to send US patent maintenance fees
The USPTO accepts the following four methods of payment for maintenance fees:
- Paying through wire: To make a wire transfer to the USPTO, you must use the Federal Reserve Fedwire System, include all required information (such as the maintenance fee, the patent number, and the application number), and ensure that the payment is processed promptly.
- Online Payment: Online payments are accepted through the Patent Maintenance Fees Storefront, USPTO deposit accounts, or EFT (electronic funds transfer). It is the USPTO’s preferred form of payment. The USPTO recommends that payment must be avoided using EFS-Web.
- Paying through mail: The Patentee must fill out both the Maintenance Fee Transmittal form and the Credit Card Payment form before sending them together in an envelope to the USPTO at the address.
- Pay through fax: To pay by fax, you only need to fill out the Maintenance Fee Transmittal form and the Credit Card Payment form, both of which are accessible on the USPTO website, and fax them to 571-273-6500.
How do we determine the present status of a patent?
You may find information about your patent, such as bibliographic details, payment window dates, and the fees that are due on the Patent Maintenance Fees Storefront. You may also get a Maintenance fee statement that details the history of your patent’s payments.
Still worried about how to file a patent fees? Brealant ltd. will help you out with this!
Knowing the US patent maintenance fees will enable you to take the critical next steps. Still, if you are in doubt about how to do the complete process, then we are here to help. Our skilled patent attorneys will walk you through the whole procedure step-by-step.
If you’re ready to start, we have a great consultation for you. Throughout the complete process, you will get detailed guidance. To begin, make a call for an appointment and get a consultation today.
