Patent Duration and Maintenance

Under present law, utility patents remain in force for 20 years after the filing date of the application. Under a 1999 federal law, patent terms are extended to compensate for certain PTO processing delays and for delays in the prosecution of applications pending more than three years. The three-year guarantee provides that an original patent will not be delayed more than three years from the date of its actual filing (assuming the applicant is not responsible for delays). Thus, diligent applicants are guaranteed a minimum seventeen-year patent term. Extensions of patent terms are also available for delays in issuance of a patent because of delays caused by other government agencies (such as the FDA), interference proceedings, secrecy orders issued by the government precluding issuance of a patent for national security reasons, and appellate review.

All utility patents are subject to maintenance fees, which must be paid to maintain the patent in force. Maintenance fees are not charged for design or plant patents. The PTO does not provide reminder notices to patent owners that the maintenance fees are due. These fees are due at 3¹/2, ⁷¹/2, and 11¹/2 years after the date the patent is granted. Maintenance fees should be paid within six months before their due date, although they can be paid (with a surcharge) within a six-month grace period thereafter. Failure to pay the maintenance fee on time or within the grace period may result in expiration of the patent and entry of the invention into the public domain. The patent may be revived thereafter if the failure to pay was unavoidable or unintentional. The current maintenance fees are as follows: