about maintenance fees

Maintenance fees (patent annuity fees or patent 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 If the applicant fails to pay the renewal fee, the patent application is deemed to be withdrawn, or the granted patent ceases to have effect.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 help to assist you with the maintenance of your patent. We help hundreds of clients in monitoring and paying annuities in many countries.

different patent laws

EPO renewal fee
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 If you fail to pay the renewal fee and any additional fee in due time, the application is deemed to be withdrawn.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.

HUNGARY
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.

This rule does not apply to the 1st year's maintenance fee for patent applications filed between 7 August 2021 and 31 May 2022.

The first three years' maintenance fees falling due on or after 1 June 2022, including the second and third years' maintenance fees falling due for patent applications specified in the preceding paragraph, shall not be payable.

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.

USA – USPTO maintenance fees
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.

EUROPEAN COUNTRIES – European patent renewal fees
Annuities are paid to each country. Renewal fees, rules, regulations, deadlines, and payment methods are different in each country. However, almost everywhere in Europe, there is an additional period of 6 months after the deadline to pay the renewal fees with a surcharge.
Annual unitary patent renewal fees are paid to the EPO. Proprietors no longer need to pay national renewal fees in different currencies to multiple patent offices applying different legal requirements. The renewal fees have been set at a very business-friendly level, corresponding to the combined renewal fees due in the four countries where European patents were most often validated in 2015.