Introduction

35 U.S.C. 41

Patent fees; patent and trademark search systems.

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(b) MAINTENANCE FEES

(1) IN GENERAL. — The Director shall

charge the following fees for maintaining in force all patents based

on applications filed on or after December 12, 1980:

(A) Three years and 6 months after grant,

$980.

(B) Seven years and 6 months after grant,

$2,480.

(C) Eleven years and 6 months after grant,

$4,110.

(2) GRACE PERIOD; SURCHARGE. — Unless

payment of the applicable maintenance fee under paragraph (1) is

received in the Office on or before the date the fee is due or

within a grace period of 6 months thereafter, the patent shall

expire as of the end of such grace period. The Director may require

the payment of a surcharge as a condition of accepting within such

6-month grace period the payment of an applicable maintenance fee.

(3) NO MAINTENANCE FEE FOR DESIGN OR PLANT

PATENT. — No fee may be established for maintaining a design or

plant patent in force.

(c) DELAYS IN PAYMENT OF MAINTENANCE FEES. —

(1) ACCEPTANCE. — The Director may accept the payment

of any maintenance fee required by subsection (b) after the 6-month

grace period if the delay is shown to the satisfaction of the

Director to have been unintentional. The Director may require the

payment of the fee specified in subsection (a)(7) as a condition of

accepting payment of any maintenance fee after the 6-month grace

period. If the Director accepts payment of a maintenance fee after

the 6-month grace period, the patent shall be considered as not

having expired at the end of the grace period.

the satisfaction of the

Director to have been unintentional. The Director may require the

payment of the fee specified in subsection (a)(7) as a condition of

accepting payment of any maintenance fee after the 6-month grace

period. If the Director accepts payment of a maintenance fee after

the 6-month grace period, the patent shall be considered as not

having expired at the end of the grace period.

(2) EFFECT ON RIGHTS OF OTHERS.— A patent, the term of

which has been maintained as a result of the acceptance of a payment

of a maintenance fee under this subsection, shall not abridge or

affect the right of any person or that person’s successors in

business who made, purchased, offered to sell, or used anything

protected by the patent within the United States, or imported

anything protected by the patent into the United States after the

6-month grace period but prior to the acceptance of a maintenance

fee under this subsection, to continue the use of, to offer for

sale, or to sell to others to be used, offered for sale, or sold,

the specific thing so made, purchased, offered for sale, used, or

imported. The court before which such matter is in question may

provide for the continued manufacture, use, offer for sale, or sale

of the thing made, purchased, offered for sale, or used within the

United States, or imported into the United States, as specified, or

for the manufacture, use, offer for sale, or sale in the United

States of which substantial preparation was made after the 6-month

grace period but before the acceptance of a maintenance fee under

this subsection, and the court may also provide for the continued

practice of any process that is practiced, or for the practice of

which substantial preparation was made, after the 6-month grace

period but before the acceptance of a maintenance fee under this

subsection, to the extent and under such terms as the court deems

equitable for the protection of investments made or business

commenced after the 6-month grace period but before the acceptance

of a maintenance fee un

any process that is practiced, or for the practice of

which substantial preparation was made, after the 6-month grace

period but before the acceptance of a maintenance fee under this

subsection, to the extent and under such terms as the court deems

equitable for the protection of investments made or business

commenced after the 6-month grace period but before the acceptance

of a maintenance fee under this subsection.

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I.

MAINTENANCE FEE BRANCH

The Maintenance Fee Branch of the Receipts Accounting Division of

the Office of Finance provides specialized advice and guidance to the public on

maintenance fee matters.

The Maintenance Fee Branch determines the proper status of issued

patents which are subject to payment of maintenance fees, receives and processes fee

transmittals, updates entity status, responds to public inquiries on post-issuance

status and maintenance fees, and determines if maintenance fees are timely and

properly computed. This Branch also generates the data necessary to produce

Official Gazette

notices of maintenance fees due and of

expiration of patents due to failure to pay maintenance fees.

II.

OFFICE OF PATENT APPLICATION PROCESSING

The Office of Patent Application Processing (OPAP) updates patent

post issuance automated files with the following information:

(A) Changes of Correspondence Address

(B) Powers of Attorney and Revocations Thereof

The official mailing address for submitting requests to update all

post-issuance patent information is:

Director of the United States Patent and

Trademark Office

Mail Stop Post Issue

P.O. Box 1450

Alexandria, Virginia 22313-1450

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