The 12-Yr Patent | Patently-O

by Dennis Crouch

A patent prices cash; and the prices proceed even after issuance. The U.S. requires a set of three “upkeep charges” to maintain a utility patent in drive for its complete 20 12 months patent time period. These are due 3.5, 7.5, and 11.5 years after issuance, however the PTO permits for a 6-month grace interval for fee.  The chart beneath seems to be on the proportion of utility patents the place the charges have been paid previous to abandonment. The present schedule requires $2000 for the primary price; $3,760 for the second, and $7,700 for the third.  These charges could be lowered by 50% and 75% for small and micro entities.  There may be additionally a $500 surcharge when you make the most of that 6-month grace interval.

The chart beneath reveals the % of Utility Patents Whose Upkeep Charges have been Paid.  The dates alongside the horizontal axis consult with the 4/8/12 12 months due date for charges (grouped by months) and the chart mirror variety of price instances have been the charges have been paid as a proportion of the entire variety of patents whose charges have been due that month.  You’ll be aware {that a} little bit of a turn-down in early 2013. The USPTO instituted a significant price enhance at the moment with the 12-year price up from $4,810 to $7,400.  As well as, a few of the Third-stage lower could be defined by the shorter patent time period skilled by some patentees beneath the 20-year-from-filing rule.  That is mostly skilled by worldwide patent software (PCT) filers. The worldwide software begins the 20-year clock and sometimes delays patent issuance by 2+ years.

One backside line: Most utility patents have a post-issuance efficient lifetime of 12 years or much less.

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