Chapter 2500
Chapter 2500 covers maintenance fees for utility patents. Fees due at 3.5, 7.5, and 11.5 years from grant with 6-month grace periods. Key rule: design patents and plant patents do NOT require maintenance fees — only utility patents do.
Core Concepts
Maintenance Fee Schedule — 35 USC 41 / MPEP 2510 Three maintenance fees for utility patents: due at 3.5 years, 7.5 years, and 11.5 years from patent grant date. Each has 6-month grace period: actually due windows are 3-3.5 years, 7-7.5 years, 11-11.5 years. No surcharge if paid within window. Surcharge if paid during 6-month grace period after window.
Grace Period and Surcharge — MPEP 2530 6-month grace period after each due window: 3.5-4 years, 7.5-8 years, 11.5-12 years. Surcharge required during grace period. After grace period expires: patent expires — no further extension without petition for revival.
Expiration and Revival — MPEP 2590 Failure to pay within grace period = patent expires. Revival available if delay was unintentional. Petition for revival must include: (1) unintentional statement, (2) all unpaid fees, (3) surcharge. Intentional delay: no revival available.
Who Pays — MPEP 2520 Patent owner responsible. Small entity and micro entity discounts apply — must be established at time of payment. Maintenance fees not required for design patents, plant patents, or reissue of design/plant patents.
Government Owned Patents — MPEP 2515 US government-owned patents: maintenance fees may be waived. Foreign government owned patents: must pay maintenance fees.
Key Rules
EXAM TIP
Two most tested points: (1) Maintenance fees apply ONLY to utility patents — design and plant patents are exempt. (2) Due dates are 3.5, 7.5, 11.5 from GRANT date — not filing date. The exam will try to confuse grant date vs filing date.
Common Traps
Search Terms
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