Business and Tax Lawyer Blog

Most inventors are probably aware of patent application and maintenance fees. In order to keep a patent legally active, maintenance fees are required 3, 7, and 11 years after issuance of the patent and vary in amount depending on the entity filing classification. Although the maintenance payments seem steep, reviving an expired patent is even more costly. For example, in addition to paying the most recent maintenance fee, a petition and a revival surcharge is required to have the patent reinstated. The surcharge is either $ 700.00 for an unavoidable failure to pay the maintenance fee or $1,640.00 for an unintentional failure. Furthermore, if more than two years lapse after the patent's expiration, it can only be reinstated in the case of an unavoidable failure.

Additionally, before the Patent Office will accept the delinquent maintenance fees and surcharges amounts, a petition must adequately explain the reasons for the delay. The petition must allege specific facts as to why the delay in payment was either unintentional or unavoidable. For example, an unavoidable delay requires the petitioner to list the steps he or she took to ensure timely payment. Furthermore, it must demonstrate there was no additional delay after discovery of the expired payment. Though unavoidable failure to pay cost less to revive, the standard of proof is more difficult to meet and is thus rarely granted.

If you currently own a patent or are thinking of obtaining one, contact a skilled patent attorney to learn more about the various fee and requirements in order not to miss any important deadlines.