According to the regulations of the United States Patent and Trademark Office (USPTO), to maintain the validity of a patent, the patentee must follow the relevant regulations and pay the prescribed annual fees on time.
Compared to the patent annuity system in China, the patent annuity system in the United States has significant differences. Therefore, for patent owners who wish to maintain their rights in the United States, understanding the rules of patent annuities in the United States and ensuring timely payment of annuities are important steps in protecting patent rights. This helps effectively manage and safeguard the patent rights of individuals in the United States, avoiding the loss of patent rights due to delayed payment.
This article will introduce the United States patent annual fee from the aspects of patent types and validity period, payment deadlines and fees, etc.
01. Patent Types
Utility patents, design patents, and plant patents.
02. Patent Protection Term
Utility Patents: 20 years from the date of application.
Design patents: 15 years from the date of authorization. (For U.S. design patent applications submitted before May 13, 2015, the protection period is 14 years from the date of authorization after authorization)
Plant patents: 20 years from the date of application.
Only utility patents in the United States require the payment of annual fees, which is quite different from the Chinese patent annual fee regulations.
03. Payment Deadlines
The annual fees for U.S. utility patents are paid in three installments, which are 3.5 years, 7.5 years, and 11.5 years after the date of the announcement of authorization.
04. Payment Window Period
The payment window is open half a year before the payment deadline.
05. Payment Methods
Payments can be made directly to the USPTO through their official channels or via a registered patent attorney or agent.
06. Required documents
There is no need to submit documents to the USPTO for paying the U.S. patent annual fee.
07. Official Fees
The official fee schedule for U.S. utility patent annual fees:
08. Grace Period
If the annual fee is not paid in time after the payment period, it can be paid within a grace period of 6 months after the normal payment period, along with a late fee.
09. Restoration Period
If the annual fee is still not paid within the 6-month grace period, it is still possible to remedy. It can request the restoration of rights and pay the corresponding fees with "non-negligent reasons". If the overdue time exceeds two years, it needs to further explain the reasons for the delay and submit the corresponding proof.
10. Inquiry Case Status
The patent holder can inquire about the legal status of the patent through the official website of the United States Patent and Trademark Office (USPTO), and can operate in the following steps:
(1) Log in to the official website:
https://fees.uspto.gov/MaintenanceFees/；
(2) Enter patent information: Enter both the application number and the patent number (i.e., the announcement number) to inquire about the payment deadlines for the annual fees at 3.5 years, 7.5 years, and 11.5 years after authorization.
Kangxin specializes in providing annuity monitoring and payment services, ensuring that you avoid the additional costs of foreign legal fees typically incurred when working with overseas agencies. Should you require our assistance, please feel free to reach out to us at annuity@kangxin.com. Our dedicated team is committed to delivering efficient, professional, and hassle-free services, guaranteeing a seamless experience for all your patent annuity needs.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.