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Improving and Securing Inventions
Improving and Securing Inventions

Patent annuities

Patent annuities, also referred to as patent renewal fees or maintenance fees, are periodic payments that must be made to keep a granted patent in force. These fees are typically required by the national or regional patent offices where the patent has been granted. After a patent is issued, the inventor or patent holder needs to pay annuities at regular intervals (usually annually or every few years) to maintain the patent’s legal protection.

Key Aspects of Patent Annuities:

Purpose:

Annuities ensure that the patent remains valid and enforceable. Failure to pay
these fees can result in the lapse or expiration of the patent, meaning the invention will no longer have legal protection.

Timing:

The timing for the first annuity payment depends on the jurisdiction. Some countries
require payments starting from the filing date, while others begin after the patent is granted.
For example, in India and Europe, renewal fees are due from the third year following
the filing date, while in the United States, maintenance fees are due at 3.5, 7.5, and
11.5 years from the grant date.

Cost:

The cost of annuities generally increases as the patent ages. Early payments might be relatively low, but later-stage payments can become more expensive.
The specific fee structure varies depending on the country and whether the entity is classified as a small or large business.

Consequences of Non-Payment:

If an annuity is not paid on time, the patent may lapse, and the invention could fall
into the public domain, allowing others to use it without legal consequence.
Some jurisdictions allow for a grace period after the due date, where an additional
fee can be paid to avoid the patent expiring.

Global Considerations:

For patents filed in multiple countries, each jurisdiction requires its own annuities to
be paid. Thus, maintaining a portfolio of patents across different countries can
become costly and complex.
Strategic decisions are often made regarding which countries’ annuities to pay, based on the value of the invention in those markets.

Management:

Patent holders often use patent annuity services or agents to manage the payment of these fees, as tracking deadlines across different countries can be challenging.

Patent annuities are crucial to ensuring the long-term protection of an invention and avoiding unintentional lapses that could result in the loss of valuable intellectual property rights.

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