Maintenance and Renewal Costs

Patent maintenance fees are periodic fees charged by patent offices to keep a patent in force. These fees vary by jurisdiction, such as the USPTO in the United States, CIPO in Canada, and internationally through the WIPO’s PCT system. The payment structures reflect the countries’ different approaches to maintaining patent validity over time.

Patents

Features and Considerations:

  • Each region has its own schedule and fee structure, reflecting local legal and economic environments.
  • The amount depends on the size of the entity (large, small, or micro).
  • Failure to pay these fees results in the expiration of the patent.
  • In the US, maintenance fees are due at 3.5, 7.5, and 11.5 years after the patent grant, with no early payment and grace periods for late payment with a surcharge
  • Maintenance fees are required at specific intervals post-grant to keep the patent active. The frequency and amount can vary significantly between jurisdictions.
  • The cost of maintaining a patent can increase over time. This graduated scale aims to encourage patent holders to reassess the value of their patent periodically.
  • Most patent offices offer a grace period for late payment of maintenance fees, subject to additional charges. Knowing these can save a patent from lapsing.
  • Maintenance fee structures differ across jurisdictions, making it crucial for patent holders with international patents to familiarize themselves with each country’s requirements.
  • Renewal strategy entails deciding whether to maintain or let a patent lapse is a strategic decision that can depend on the invention’s commercial success, ongoing relevance, and alignment with business goals..

Examples:

  1. Canada: maintenance fees for patents start on the second anniversary of the filing date and increase on the 5th, 10th, and 15th anniversaries.
  2. United States: maintenance fees are due at 3.5, 7.5, and 11.5 years after the patent grant, with no early payment and grace periods for late payment with a surcharge. Maintenance fees increase with each subsequent deadline.
  3. WIPO PCT: national phase entry fees vary by the chosen Receiving Office and Searching Authority.

Why This Matters:

Maintenance fees ensure that patentees keep their monopoly rights for the duration of the patent term. They help clear the patent system of non-valued patents when inventors choose not to maintain them due to lack of commercial viability.

Call to Action:

  1. Early Planning: Incorporate maintenance and renewal costs into your IP budget planning from the outset.
  2. Regular Portfolio Review: Schedule periodic reviews of your patent portfolio to assess each patent’s value and relevance to your current business strategy.
  3. Stay Informed: Keep abreast of the maintenance and renewal policies of patent offices in jurisdictions relevant to your business.
  4. Seek Professional Advice: Consider consulting with a patent attorney to navigate the complexities of international patent maintenance and renewal.

External Resources:

Advanced Topics:

  • Strategies for managing maintenance fees, including budgeting for escalating costs and assessing the commercial value of maintaining patent protection.
  • Understanding the implications of small vs. large entity status on fee schedules.
  • International considerations and managing maintenance fees for PCT and national phase entries.
M
Resource Categories
New Article Submission
Feedback

Share your favorite articles.

Feedback Form

Name(Required)

New Article Submission

  • Please write a summary to match your submission
  • This field is for validation purposes and should be left unchanged.