In order to maintain a patent for an idea or invention you came up with, you must meet the maintenance requirements set by the United States Patent and Trademark Office (USPTO). Patents are crucial for your invention as they protect you from having others steal your ideas and use them as their own. Therefore, even if you have obtained a patent, in order to keep it, you must meet all obligations to do so. One of the those obligations are maintenance fees.
In the event you have a question pertaining to these fees, how to obtain a patent, where to obtain one from, or why you might need a patent, consider contacting USAttorneys.com where we can find you a local South Dakota patent and trademark attorney who can answer these questions and many more.
Who is Permitted to Pay These Fees?
There are a few people whom the USPTO will allow to pay these fees. You (the patentee) or any other person or organization on behalf of the patentee can make the necessary payments. Keep in mind there may be surcharges as well so you are going to want to factor that in.
Your maintenance fees are due at specific periods after receiving your patent and there is certain information that must be provided when submitting these fees. The time frame for a patentee to pay their maintenance fees without a surcharge are at:
- 3-3.5 years after the date your patent was issued.
- Then again at 7-7.5 years.
- And once more at 11-11.5 years after issuance of your patent.
A surcharge may apply if these maintenance fees are paid during a grace period. The grace periods are as follows:
- 5 to 4 years
- 5 to 8 years
- 5 to 12 years
Something to keep in mind is that if the entire maintenance fee along with the corresponding surcharge isn’t paid in full, it does not constitute as a payment. To avoid losing your patent rights, be sure you meet these requirements on the timeframes mentioned above.
Are you at risk of losing your patent? Did the USPTO deny you the right to obtain a patent for your idea or invention? If so, now would be a good time to give us a call. Our featured a patent lawyers in South Dakota are aware of your rights as an inventor and understand how essential it is to have a patent for your product. Therefore, to avoid any more delay in your receiving your patent or at least a temporary patent, contact us now or one of the patent attorneys featured on our site.
How Can I Submit Payment for my Patent Renewal Fees?
There are a few ways you can submit your renewal fees in order to remain in compliance with the USPTO. These include:
- Paying online. You can click here now and will be redirected to the USPTO Patent Maintenance Fees Storefront.
- Pay by wire.
- Pay by fax. You will need to compete the Maintenance Fee Transmittal Form and the Credit Card Payment Form and fax all of this to 571-273-6500.
- Send your payment through the mail. If you choose to submit your payment through the mail, you will also have to complete the Maintenance Fee Transmittal Form and the Credit Card Payment Form if you are paying with a credit or debit card. If you are sending a check or money order, be sure to make it payable to:
Director of the U.S. Patent and Trademark Office
Attn: Maintenance Fees
2051 Jamieson Avenue, Suite 300
Alexandra, VA 22314
If you have any patent or trademark questions, one of our South Dakota patent lawyers will gladly help you.