Post-Issuance Matters

In many countries around the world, after a patent issues, the applicant is required to pay a Maintenance Fee, each and every year after issuance, to maintain the patent in force during its approximately twenty-year term.   Typically, the first year maintenance fee is a small one, and the size of the fee increases so that the final maintenance fee to be paid is the largest.  Failure to pay the maintenance fee results in expiration of the patent and injection of that material into the public domain.

In the United States, Maintenance Fees are due during the one-year period preceding the 4th, 8th, and 12th anniversary of the issuance date of the patent.  That is, for example, if no maintenance fee has been paid, the patent will expire the day after its 4th anniversary; if the first maintenance fee has been paid, but the second maintenance fee is not paid, then the patent will expire on the day after its 8th anniversary.

In both the United States and abroad, you cannot pay maintenance fees in advance.  You must pay them as they come due.

In general terms, and assuming timely payment of all maintenance fees, an issued U.S. patent lasts for a non-renewable term of twenty years measured from the application’s filing date.