about maintenance fees
Maintenance fees (annuity fees or renewal fees) are fees that are paid to the patent offices to maintain a granted patent (or utility model) in force. The applicant is responsible for the maintenance of the patent protection. If the applicant fails to pay the renewal fee, the patent application is deemed to be withdrawn, or the granted patent ceases to have effect. In most countries, maintenance fees are due annually, and the fees for the subsequent years shall be paid in advance on the anniversaries of the filing date. Some patent laws (Hungary included) require the payment of maintenance fees for pending patent applications.
Our firm, Pintz & Partners would be help to assist you with the maintenance of your patent. We help hundred of clients in monitoring and paying annuities in any countries.
different patent laws
Renewal fees are payable to the European Patent Office in respect of pending European patent applications.The fees are due in respect of the third and each subsequent year, calculated from the date of filing. These fees need to be paid in advance of the year in which they are due (such that the renewal fee for the third year falls due two years from the date of filing) and fall due on the last day of the month containing the anniversary of the date of filing. Payment may still be validly made up to six months after the due date, provided that an additional fee equal to 50% of the belated renewal fee is paid within the same period. If you fail to pay the renewal fee and any additional fee in due time, the application is deemed to be withdrawn.
Whereas for a pending European patent application an applicant must pay a single maintenance fee at the EPO, after grant, during the term of the European patent, several maintenance fees are payable to the national patent offices, where the patent has been validated and is sought to be kept in force.
Regarding maintenance fees, Hungarian patent law is different, as stated above. Annuity fee is due from the first year, even if the patent has not been granted yet. Applicants have to pay maintenance fee of 1st and 2nd year together, after publication. In each year, the maintenance fee for the subsequent year shall be paid in advance on the anniversary of the filing date. The fees may also be paid within a grace period of six months from the due date.
Maintenance fees on patents in the United States are due 3½, 7½ and 11½ years after grant of the utility patent. No maintenance fees are due while an application is pending.