Times for Submitting Maintenance Fee Payments

Maintenance fees

cannot

be paid in advance since

35 U.S.C.

41(f)

permits maintenance fees to be adjusted every year on

October 1 to reflect any fluctuations during the previous 12 months in the Consumer

Price Index as determined by the Secretary of Labor.

37 CFR

1.362(d)

sets forth the time periods when the maintenance fees

for a utility patent can be paid without surcharge. Those periods, referred to generally

as the “window period,” are the 6-month periods preceding each due date. The “due dates”

are defined in

35

U.S.C. 41(b)

. The window periods are (1) 3 years to 3 1/2 years

after the date of issue for the first maintenance fee payment, (2) 7 years to 7 1/2

years after the date of issue for the second maintenance fee payment, and (3) 11 years

to 11 1/2 years after the date of issue for the third and final maintenance fee payment.

A maintenance fee paid on the last day of a window period can be paid without surcharge.

The last day of a window period is the same day of the month the patent was granted 3

years and 6 months, 7 years and 6 months, or 11 years and 6 months after grant of the

patent.

37 CFR

1.362(e)

sets forth the time periods when the maintenance fees

for a utility patent can be paid with surcharge. Those periods, referred to generally as

the “grace period,” are the 6-month periods immediately following each due date. The

grace periods are (1) 3 1/2 years and through the day of the 4th anniversary of the

grant of the patent, (2) 7 1/2 years and through the day of the 8th anniversary of the

grant of the patent and, (3) 11 1/2 years and through the day of the 12th anniversary of

the grant of the patent. A maintenance fee may be paid with the surcharge on the same

date (anniversary date) the patent was granted in the 4th, 8th, or 12th year after grant

to prevent the patent from expiring.

Maintenance fees for all reissue patents are due based upon the schedule

established for the original utility patent

nt and, (3) 11 1/2 years and through the day of the 12th anniversary of

the grant of the patent. A maintenance fee may be paid with the surcharge on the same

date (anniversary date) the patent was granted in the 4th, 8th, or 12th year after grant

to prevent the patent from expiring.

Maintenance fees for all reissue patents are due based upon the schedule

established for the original utility patent. The filing of a request for

ex

parte

or

inter partes

reexamination and/or the

publication of a reexamination certificate does not alter the schedule of maintenance

fee payments of the original patent.

If the day for paying a maintenance fee falls on a Saturday, Sunday, or

a federal holiday within the District of Columbia, the maintenance fee may be paid on

the next succeeding day that is not a Saturday, Sunday, or federal holiday. For example,

if the window period for paying a maintenance fee without a surcharge ended on a

Saturday, Sunday, or a federal holiday within the District of Columbia, the

maintenance fee can be paid without surcharge on the next succeeding day that is not a

Saturday, Sunday, or a federal holiday within the District of Columbia. Likewise, if the

grace period for paying a maintenance fee with a surcharge ended on a Saturday, Sunday,

or a federal holiday within the District of Columbia, the maintenance fee can be paid

with surcharge on the next succeeding day that is not a Saturday, Sunday, or a federal

holiday within the District of Columbia. In the latter situation, the failure to pay the

maintenance fee and surcharge on the next succeeding day that is not a Saturday, Sunday,

or a federal holiday within the District of Columbia will result in the patent expiring

on a date (4, 8, or 12 years after the date of grant) earlier than the last date on

which the maintenance fee and surcharge could be paid. This situation results from the

provisions of

35 U.S.C

ation, the failure to pay the

maintenance fee and surcharge on the next succeeding day that is not a Saturday, Sunday,

or a federal holiday within the District of Columbia will result in the patent expiring

on a date (4, 8, or 12 years after the date of grant) earlier than the last date on

which the maintenance fee and surcharge could be paid. This situation results from the

provisions of

35 U.S.C. 21

, but those provisions do not extend the expiration

date of the patent if the maintenance fee and any required surcharge are not paid

when required. For example, if the grace period for paying a maintenance fee with a

surcharge ended on a Saturday, the maintenance fee and surcharge could be paid on the

next succeeding business day, e.g., Monday, but the patent will have expired after

midnight on Saturday (e.g., on Sunday) if the maintenance fee and surcharge were not

paid on the following Monday. Therefore, if the maintenance fee and any applicable

surcharge are not paid, the patent will expire as of the end of the grace period as

listed above. A patent that expires for failure of payment will expire on the day

following the anniversary date the patent was granted in the 4th, 8th, or 12th year

after the grant.

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