What Is the Process for Patent Renewal?

When you’ve invested time, money, and innovation into securing a patent, ensuring its longevity is crucial. Patent renewal is an essential process for maintaining your intellectual property rights and protecting your invention from being copied or used without permission. Please continue reading and reach out to a knowledgeable New Orleans, Louisiana patent lawyer from Lemler IP to learn more about the patent renewal process.

The Patent Renewal Process

Determine the Type of Patent

The first step in the patent renewal process is to identify the type of patent you hold. There are three primary types: utility patents, design patents, and plant patents. Each has its own renewal timeline and requirements. Utility patents, the most common type, protect functional aspects of inventions and need to be renewed periodically throughout their lifespan. Design patents, which protect the ornamental design of an object, do not require renewals or maintenance fee payments. Plant patents, less common but important for agricultural innovations, also do not require renewals or maintenance fee payments.

Know Your Deadlines

Once you’ve identified your patent type, if your patent is a utility patent the next step is to understand the renewal deadlines. For utility patents in the United States, maintenance fees are due in intervals, which should be paid between 3 – 3.5, 7 – 7.5, and 11 – 11.5 years from the date of grant. If you miss a renewal deadline, there is a 6-month period in which you can still pay the respective maintenance fee but you must also pay a late surcharge fee. Missing these deadlines will result in the lapse of your patent, meaning you lose exclusive rights to your invention and the USPTO will issue a Notice of Patent Expiration for your patent. It’s important to mark these dates clearly on your calendar and set reminders well in advance.

Calculate the Fees

The cost of renewing a patent varies based on factors such as the type of patent and the size of the entity (small business, micro-entity, or large entity). For instance, fees for small entities are reduced compared to those for large entities and fees for micro-entities are reduced compared to small entities. You must calculate these fees correctly to avoid any issues with the renewal process. The United States Patent and Trademark Office (USPTO) website provides a detailed fee schedule that can help you determine the exact amount you should pay, which you can find here.

File the Maintenance Fee Payment

The next step involves filing the maintenance fee payment with the USPTO. This can be done electronically through the USPTO’s Patent Maintenance Fees Storefront. You’ll need to log in, complete the necessary forms, and submit your payment. The USPTO accepts various payment methods, including credit cards, debit cards, and electronic funds transfers. Ensure that all information is accurate to prevent any delays or rejections.

Review Confirmation

After submitting your payment, the USPTO will provide a confirmation receipt. You should then review this receipt carefully to ensure that all details are correct and that your payment has been processed successfully. Keep this confirmation for your records, as it serves as proof of your compliance with the renewal requirements and can be useful in case any discrepancies arise in the future.

Consider Professional Assistance

While the patent renewal process may be handled independently, many inventors and businesses choose to seek professional assistance. Knowledgeable legal counsel can offer invaluable guidance and can help ensure that all steps are completed accurately in a timely manner, while greatly reducing the risk of errors that could jeopardize your patent rights. Should you require assistance with maintaining your patent or have additional questions about patent renewals and maintenance fee payments reach out to a New Orleans, Louisiana patent lawyer from Lemler IP today.