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Renewal fees in the United States must be paid by certain dates. In this section you will find a description of how these renewal due dates are calculated, both the very first renewal due date and all subsequent renewal due dates.
No annuities are due throughout the application process. The first annuity is paid 42 months after the grant date to the United States Patent and Trademark Office.
For example, if the grant date is 2022-01-20, then the first annuity must be paid by 2025-07-20.
After the first annuity has been paid, there are only two subsequent annuities that must be paid every fourth year to the previous renewal.
For example, if the filing date was on November 9, then the subsequent annuity will be due on November 9.
In the USA, there are other types of intellectual property besides patents. These include designs.
We are currently working on articles which will explain the rules for the renewal of these types of intellectual property. If you need any help renewing these and are looking for a cost-efficient solution, get in touch with us.
In the United States, the renewal fee will vary depending on the entity size of the applicant. The smaller the entity, the lower the renewal fee. The different entity sizes and the fee schedule for all entity sizes can be found on this page.
There are no annuities due in the United States before the patent is granted. Once the patent has been granted, annuities must be paid annually in accordance with the rules described above in the Due Dates section.
The renewal fee in the United States can be paid up to 6 months before the renewal due date. It is important to note that the renewal fee cannot be paid earlier than this. Any payments made before the opening of the payment window will result in the payment being rejected.
Yes, it is possible to renew a US patent after its renewal due date. If you fail to pay the renewal fee before the due date, a grace period of 6 months is given wherein the renewal fees can still be settled. When entering the grace period you will incur a surcharge fee to be settled along with the renewal fee. If you wish to maintain the patent, both the renewal fee and the surcharge fee will have to be settled.
For example, if a patent has a renewal due date of 2021-05-31, and the due date is missed, the patent will enter the grace period from 2021-06-01. After this point both the renewal fee and the surcharge fee will need to be settled by 2021-11-30. Failure to pay these fees before the surcharge due date will result in the patent lapsing.
No, local representation is not necessary in order to carry out a renewal in the United States. Anyone can renew a patent in the US if they submit the payment in accordance with the national regulations.
A patent will stay in force for 20 years in the US from the filing date if successfully renewed in accordance with the rules described above. If the patent is not renewed, it will lapse by the end of the grace period measured from the latest renewal due date.
