How do I find out when my patent fees are due? 10 Answers as of March 06, 2013

I have two patents on my invention,"Welding Helmet Having An Automatic Lighting System", Design Patent was filed July 24,2009 and was issued Dec.7,2010. The Utility Patent was filed July 24, 2009 and was issued May 3, 2011. Will I be notified as to when they are (were) due?

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Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
NO The Patent Office does not notify you. If you go to google and put in USPTO maintenance fees or MPEP maintenance fees it will link you to a full explanation on when you have the window to pay and how to do it as well as the current fees.
Answer Applies to: Oregon
Replied: 3/6/2013
Eminent IP, P.C.
Eminent IP, P.C. | Paul C. Oestreich
As a matter of law, design patents do not require maintenance fees. However, utility patents do require payment maintenance fees during 6 month windows occurring approximately 4, 8 and 12 years after issuance in order to maintain their enforceablity. Maintenance fees can be paid up to 6 months late with the payment of an additional surcharge. If you fail to pay the maintenance fee, the patent will lapse into abandonment and become unenforceable. So, only your utility patent No. 7,934,846 will require the payment of issue fees to maintain its enforceability. Accordingly, your first maintenance fee window opens, March 3, 2014 and should be paid prior to the surcharge date, November 4, 2014. A late payment of your maintenance fee with a surcharge will be accepted up until May 4, 2015. Your patent counsel should remind you of the deadline and cost to pay your maintenance fees and will offer to facilitate those payments. But, if you have a reliable docketing (calendaring) system, you can and should keep track of the maintenance fee deadlines yourself. Additionally, you can make the maintenance fee payments directly without assistance of counsel.
Answer Applies to: Utah
Replied: 3/6/2013
Law Office of Mathew R. P. Perrone, Jr. | Mathew Roy Patrick Perrone, Jr.
No you will not be notified by the Patent and Trademark Office. It is up to you calculate the due date based on your patent's cover information. There is no fee for the design patent. For your utility patent, the maintenance fee can be determined positively by going to the Patent and Trademark Office website, getting to the maintenance department, plugging in the patent number and serial number without commas to get the required dates. It appears that the first maintenance fee is due between November 4, 2014, and May 2, 2015.
Answer Applies to: Illinois
Replied: 3/6/2013
Ochoa and Associates
Ochoa and Associates | Susan Ochoa Spiering
Generally yes, you are notified. But its best for you to check yourself on this. Ultimately it is your responsibility to make sure fees are paid on time.
Answer Applies to: Texas
Replied: 3/6/2013
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
You retain counsel to handle. You will not receive notification. This is not a DIY matter.
Answer Applies to: New York
Replied: 3/6/2013
    Mark Torche | Mark Torche
    Dear Patent Holder, You can find your maintenance fee information at the USPTO website. Here is a link to display your information. You will need your patent number and the patent application number. Your information will be displayed and you will have an option to pay the fees online.
    Answer Applies to: Iowa
    Replied: 3/6/2013
    Webb IP Law Group
    Webb IP Law Group | Jason P Webb
    Your attorney should be keeping you informed about when the fees are due. Otherwise, here is a website that can help you http://www.uspto.gov/patents/process/maintain.jsp.
    Answer Applies to: Utah
    Replied: 3/6/2013
    Banner & Witcoff, Ltd. | Ernie Linek
    Design patents have no maintenance fees. Utility patent maintenance fees are due for payment between years 3-4; 7-8 and 11-12 - measured from the date of issuance. The earliest date for payment is thus 3 years from the issue date; then 7, then 11. The last date for payment is on the 4th, 8th and 12th anniversary of issuance - and payments made after 3.5, 7.5, and 12.5 require a "late payment" surcharge fee in addition to the maintenance fee payment. A reminder is sent to the address of record once the surcharge date has been passed and no payment received. Fees and the exact payment schedule are available on the Patent Office website - www.uspto.gov.
    Answer Applies to: Massachusetts
    Replied: 3/6/2013
    Law Office of Kirk Buhler
    Law Office of Kirk Buhler | Kirk A Buhler
    Design patents do not have any maintenance fees that are due. A design patent is good for 14 years. The maintenance fees for an issued Utility patent will be due at 3 1/2, 7 1/2 and 11 1/2 years from the issue date. You can go into the PAIR (Patent Application Information Retrieval) system of the patent office to check the status and the due date of the maintenance fees. After you load the patent page, select the Maintenance Fees tab to view when the fees are required. The patent office will (generally) send a note if the fees are not paid by the due date. There is a 6 month grace period when the fees can be paid with a penalty.
    Answer Applies to: California
    Replied: 3/6/2013
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