So you have just received your Notice of Allowance for your patent application. In the Notice of Allowance, there is a requirement for you to pay an issue fee and a publication fee. You may have paid the publication fee early pursuant to a request for early publication. Section 1129 of the Manual of Patent Examining Procedures (MPEP) provides more information on issue fees and publication fees. As it currently stands, the combination of the issue fee and the publication fee is about $1200.
If a patent maintenance fee is not paid, the patent will go abandoned, and the invention, as recited in the claims of the patent, will be dedicated to the public. The current maintenance fees are outlined on the PTO Fee Chart. As you can imagine, these fees change from time to time, so it is advisable to check the amount of the fee prior to attempting to pay it. You can pay your maintenance fees on your patent by accessing the maintenance fee page on the PTO website.
Mark R. Malek is a Trademark and Patent Attorney with , Widerman, & Malek in Melbourne Florida.
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