"Under 35 U.S.C. § 41(b), patent holders must pay maintenance fees at three intervals after issuance: 3.5 years, 7.5 years, and 11.5 years. Failure to pay (including during a six-month grace period with surcharge) results in expiration of the patent."
"The chart below tracks the percentage of patentees who paid all three maintenance fees, grouped by the month their final (11.5-year) fee came due. The data reveals a striking arc: a steady rise from about 41% in 2002 to a peak of roughly 52% around 2012-2013, followed by a sustained decline back to approximately 40% today."
"The 11.5-year maintenance fee for large entities has nearly tripled during this period, from $3,100 in 2001 to $8,280 as of January 2025, well above the rate of inflation for this period."
U.S. patents carry a statutory 20-year term from filing, but the effective term for most patents is considerably shorter due to voluntary abandonment. Patent holders must pay maintenance fees at 3.5, 7.5, and 11.5 years after issuance or their patents expire. Maintenance fee payment data shows that only approximately 40% of patentees pay all three required fees, representing a decline from a peak of 52% around 2012-2013. The 11.5-year maintenance fee for large entities has nearly tripled from $3,100 in 2001 to $8,280 as of January 2025, significantly outpacing inflation. This escalating fee structure may be driving the increased abandonment rates, though other contributing factors may also be at play.
Read at Patently-O
Unable to calculate read time
Collection
[
|
...
]