How Often Do You Pay Patent Maintenance Fees?

by | Last updated on January 24, 2024

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US patent renewal/maintenance fees are only due

three times during their lifetime

. They are also only payable after the patent has been granted. The first fee is due three years and six months after grant, and its payment permits the patent to remain in force beyond the fourth anniversary of grant.

What is the maintenance fee on a utility patent?

The current USPTO Fee Schedule indicates that the fees due at each maintenance interval are as follows:

3-3.5 years: $1,600 for large entities and $800/$400 for small/micro entities

. 3.5-4 years: the amount above plus another $160 for large entities or $80/$40 for small/micro entities.

How do I add funds to my USPTO deposit account?

You must be a Funds Manager to add funds to the deposit account.

You may initiate a replenishment in Financial Manager by accessing the Manage Funds tab within the deposit account you wish to add funds to

. For a one-time replenishment, visit the Replenish Funds page and complete the form.

How do I pay USPTO fees online?


Most fees can be paid with a credit or debit card using Online Services at uspto.gov

. For credit or debit card payments submitted outside of uspto.gov (i.e., fax, mail, or hand-delivery), use the Credit Card Payment Form (PTO-2038).

How do you pay a patent online?

Pay online (preferred method)

We accept

credit cards, debit cards that do not require a PIN, deposit accounts, or EFT when paying online

. Guest users can only pay with a credit or debit card, but signed in USPTO.gov account users can pay with any payment method stored in Financial Manager.

What happens if you dont pay patent maintenance fee?

Failing to Pay the Maintenance Fees

If the patent holder fails to pay the maintenance fees by the end of the grace period,

the patent will lapse, and the patent holder cannot enforce any rights on the patent

.

How do I change my USPTO entity status?

In order to change entity status via Private PAIR, you must: (1) be a registered patent attorney/agent, an independent inventor, or a person granted limited recognition, (2) have a USPTO.gov account, (3) have a customer number, and (4) have two-step authentication.

Do you have to pay to maintain a patent?

Patent maintenance fees are mandatory fees that must be paid to the United States Patent and Trademark Office (“USPTO”) at certain time points after a patent issues in order to keep a utility patent in force. See 35 U.S.C. § 41(b). Maintenance fees are not required for a design or plant patent.

What is USPTO customer number?

If you need any assistance creating your USPTO.gov account, please call the USPTO Contact Center (UCC) at

800-786-9199

.

How do I sponsor USPTO?

Once your USPTO.gov account has been verified, access the sponsorship tool at https://teas.uspto.gov/sponsorshipor use the sponsorship tool widget on your MyUSPTO homepage. Log in to your USPTO.gov account with your email and password, if prompted. Enter the required two-step authentication code.

What is the difference between teas plus and teas standard?

TEAS Plus vs TEAS Standard. TEAS is the Trademark Electronic Application System used by the USPTO.

TEAS PLUS is designed to be easier for both the applicant and the USPTO and comes with a reduced fee. TEAS Standard has fewer INITIAL requirements to receive a filing date

.

How do I pay my trade mark?

Accepted payment types include

cash or check, credit card, electronic funds transfer from a bank account and wire payments

. The USPTO also allows payments to be made via a deposit account. This is a prepaid account, held by the USPTO, that you can use to pay for any fees and services you need from the agency.

What is small entity USPTO?

The USPTO has defined four categories of concerns that qualify as “small entity”:

a university, a nonprofit organization, an individual inventor, or a small business concern

. The definitions for a “university,” “nonprofit organization,” and “individual inventor” are defined in the patent regulations.

Who is the current director of the USPTO?

Agency overview Headquarters Alexandria, Virginia, U.S.38.801499°N 77.063835°WCoordinates:38.801499°N 77.063835°W Employees 12,579 (as of Sept 30, 2018) Agency executives

Kathi Vidal

, Director Drew Hirshfeld, acting Deputy Director
Parent agency United States Department of Commerce

Are patent maintenance fees capitalized?


Costs to maintain the patent would be expensed

. Any costs you capitalize would be subject to (i) amortization and (ii) review for potential impairment.

Can you renew a patent after 20 years?

Can patents be renewed?

U.S. patents issue for fixed terms and generally cannot be renewed

. A U.S. utility patent has a term of 20 years from its earliest effective, non-provisional U.S. filing date.

How many years before a patent expires?

A U.S. utility patent, explained above, is generally granted for

20 years

from the date the patent application is filed; however, periodic fees are required to maintain the enforceability of the patent.

How long do patent royalties last?

Patents usually expire

20 years after the date they were filed

. Why is this important to know? Good question! Typically, when the patent expires, the patentee’s rights expire too and it becomes part of the public domain.

How do I claim small entity status?

Small entity status may be established by the

submission of a simple written assertion of entitlement to small entity status

. The assertion must be signed, clearly identifiable, and convey the concept of entitlement to small entity status.

How do I change my attorney docket number USPTO?

Click the Update link on the Application Data screen to update the Attorney Docket Number for the application displayed. On the Edit Attorney Docket Number page, enter the new Attorney Docket Number in the textbox and click Submit. The results of your update are displayed.

What is the difference between a micro entity and a small entity?

USPTO patent fees are generally proportionate to the size of the applicant. A large entity with over 500 employees must pay the full rate. A small entity pays 50% of the full rate.

A micro entity pays only 25% of the full rate, which is a 75% discount off the full rate, and half the rate paid by a small entity

.

Ahmed Ali
Author
Ahmed Ali
Ahmed Ali is a financial analyst with over 15 years of experience in the finance industry. He has worked for major banks and investment firms, and has a wealth of knowledge on investing, real estate, and tax planning. Ahmed is also an advocate for financial literacy and education.