Maintenance Fee Amounts

37 CFR

1.20(e)-(h)

sets the fee amounts for the maintenance fees and the

grace period surcharge. The maintenance fee amounts are subject to adjustment to reflect

fluctuations occurring in the Consumer Price Index pursuant to

35 U.S.C. 41(f)

.

The maintenance fee amounts (

37 CFR 1.20(e)-(h)

) are subject to

a 60% reduction for small entities pursuant to

35 U.S.C. 41(h)

and an 80%

reduction for micro entities. The Maintenance Fee Branch may be contacted or the USPTO

Fee Information website (

www.uspto.gov/Fees

) may be accessed

for the current maintenance fee amounts.

The term of a patent might be shortened, e.g., by a terminal disclaimer.

If a patent will expire part way between the due dates set in

35 U.S.C. 41(b)

,

or between the latest due date and the term set in

35 U.S.C. 154

, it is still required

that the entire maintenance fee amount for the due date be paid. The maintenance fee

amount cannot be prorated to cover only the amount of time past the due date before the

patent expires.

37 CFR

1.366(g)

provides that maintenance fees and surcharges relating

thereto will not be refunded except in accordance with

37 CFR 1.26

and

1.28(a)

. A patentee cannot obtain a refund of a maintenance fee

that was due and payable on the patent. Any duplicate payment will be refunded to the

fee submitter.

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