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ARTICLE · 05 JUNE 2021

Prosecution Pointer 279

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Maintenance fees are required to keep in force all utility and reissue utility patents based on applications filed on or after December 12, 1980.

United StatesIntellectual Property

Maintenance fees are required to keep in force all utility and reissue utility patents based on applications filed on or after December 12, 1980. Maintenance fees are not required for a design or plant patent, or for statutory invention registrations. Maintenance fees can be paid without a surcharge at 3 to 3.5 years, 7 to 7.5 years, and 11 to 11.5 years, after the date of issue. A maintenance fee cannot be paid early. Maintenance fees may also be paid with a surcharge during the "grace periods" at 3.5 to 4 years, 7.5 to 8 years, and 11.5 to 12 years after the date of issue.

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.

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.

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