Maintenance,fee,patent,Normal, business, insurance Maintenance fee of a patent
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Normal 0 false false false MicrosoftInternetExplorer4 st1\:*{behavior:url(#ieooui) } /* Style Definitions */ table.MsoNormalTable{mso-style-name:"Table Normal";mso-tstyle-rowband-size:0;mso-tstyle-colband-size:0;mso-style-noshow:yes;mso-style-parent:"";mso-padding-alt:0in 5.4pt 0in 5.4pt;mso-para-margin:0in;mso-para-margin-bottom:.0001pt;mso-pagination:widow-orphan;font-size:10.0pt;font-family:"Times New Roman";mso-ansi-language:#0400;mso-fareast-language:#0400;mso-bidi-language:#0400;}Maintenance fees or renewal feesare fees that are paid to keep an issued patent in force. Some patent laws demandsthe payment of maintenance fees for pending patent applications. Not all patentlaws require the payment of maintenance fees and different laws providedifferent rules concerning not only the amount payable but also the regularityof the payments. RationaleResearch is reported indicatingthat renewal fees can be used to improve the innovation motivations generatedby patent rights.Paris ConventionArticle 5bis of the ParisConvention demands that parties to the Convention should provide a six-month toleranceperiod for paying maintenance fees:(1) A period of grace of not lessthan six months shall be allowed for the payment of the fees prescribed for themaintenance of industrial property rights, subject, if the domestic legislationso provides, to the payment of a surcharge.(2) The countries of the Union shall have the right to provide for the restorationof patents which have lapsed by reason of nonpayment of fees.Patent Cooperation TreatyInternational patent applicationsfiled under the Patent Cooperation Treaty are not required to the paymaintenance fees. However, maintenance fees may be required to designated/electednational and regional offices. If renewal fees have become due by the time thenational phase could start, they must be paid before the expiration of the timelimit applicable for entering the national phase.National and regionallegislationsCanadaIn Canada, maintenance fees for apatent application, or a patent granted from the application is due on eachanniversary of the filing date of the application, beginning on the secondanniversary. The amount due each year increases during the life of the patentor patent application.If the maintenance fee is notpaid by the due date with respect to a patent application, the application is consideredabandoned. The abandoned application may be reinstated within 12 months of thedate of abandonment, by filing a request for reinstatement with payment of themaintenance fee that is due and the reinstatement fee.United StatesMaintenance fees on utilitypatents in the United Statesare due 3½, 7½ and 11½ years after grant of the patent. No maintenance fees arerequired while an application is pending. Maintenance fees for design patentsand plant patents are not required to at all.European Patent OfficeRenewal fees are billed to theEuropean Patent Office in respect of pending European patent applications inrespect of the third year from the date of filing. These fees are paid at thebeginning of the year in which they are due (such that the renewal fee for thethird year falls due two years from the date of filing) and fall due on thelast day of the month containing the anniversary of the date of filing. Renewalfees may not be validly paid more than three months before they fall due.
Maintenance,fee,patent,Normal,