37 CFR § 1.20 — Post-issuance fees. (MPEP Coverage Index) — BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.20, including 182 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Summary

This section outlines the payment of maintenance fees on an original patent post-issuance, emphasizing that filing a reissue application does not alter the schedule of these payments.

What this section covers

• Defines the payment of maintenance fees on an original patent after issuance and how it is handled during reissue proceedings.

Key obligations

• Filing a reissue application does not alter the schedule of payments for maintenance fees on the original patent.
• Practitioners must ensure timely payment of maintenance fees on the original patent, regardless of reissue proceedings.
• Compliance with USC/CFR regulations is required for maintaining the validity of an original patent post-issuance.

Practice notes

• Advise practitioners to monitor the payment schedule for maintenance fees on the original patent, even during reissue proceedings.
• Warn practitioners against assuming that filing a reissue application will automatically extend the payment deadlines for maintenance fees on the original patent.

Pending USPTO Updates

USPTO lists the following post-January 31, 2024 publications as updates not yet incorporated into the current MPEP revision. BlueIron has reviewed the linked USPTO source documents and cross-referenced these updates by affected topic, citation, and identified MPEP target when stated by USPTO. USPTO Subsequent Publications

• Supersedes Revised and New Form Paragraphs in View of Setting and Adjusting Patent Fees During Fiscal Year 2025 (Final Rule)
  Memorandum to the Examining Corps | 2025-01-17
  USPTO source document
  37 CFR 1.16; 37 CFR 1.17; 37 CFR 1.18
  Identified USPTO change targets:

  • form paragraph: 2.14 – USPTO memorandum identifies this as a new form paragraph implementing Fiscal Year 2025 patent fee changes.
  • form paragraph: 6.49.11 – USPTO memorandum identifies this as a new form paragraph implementing Fiscal Year 2025 patent fee changes.
  • form paragraph: 6.49.12 – USPTO memorandum identifies this as a new form paragraph implementing Fiscal Year 2025 patent fee changes.
  • form paragraph group: 2.01, 2.05, 2.06, 2.09, 2.11.01, 2.15, 2.21.01, 2.22, 2.23, 2.39 – USPTO memorandum identifies these application-processing form paragraphs as revised.
  • form paragraph group: 6.49.01, 6.49.02, 6.49.03, 6.49.05, 6.55 – USPTO memorandum identifies these examination form paragraphs as revised.
  • form paragraph group: 7.39, 7.40, 7.40.01, 7.40.02.aia, 7.40.02.fti, 7.41, 7.41.03, 7.42.03.fti, 7.42.031.fti, 7.42.09, 7.54, 7.91, 7.98.01, 7.98.02, 7.123, 7.204, 7.205, 7.207 – USPTO memorandum identifies these rejection-response form paragraphs as revised.
  • 1 additional target(s) listed in the JSON artifact.
• Setting and Adjusting Patent Fees During Fiscal Year 2025
  Final rule and correction | 2024-11-20 | 89 FR 91898; 90 FR 3036
  USPTO source document
  37 CFR 1.16; 37 CFR 1.17; 37 CFR 1.18

Related Provisions

• 37 CFR § 1.510
• 35 U.S.C. § 302
• 37 CFR § 1.530
• 35 U.S.C. § 41
• 37 CFR § 1.610

Based on MPEP Last Modified: 10/30/2024 08:50:22