What happens after you get a patent? 7 Answers as of December 21, 2010

If I get a patent for an invention that I am working on, what happens afterward? Do I need to do anything to maintain the patent or am I continually protected?

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Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
You have maintenance fees to pay at 3.5, 6.5 and 11.5 years
Answer Applies to: Oregon
Replied: 12/21/2010
Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
Once a patent is issued, a maintenance fee must be paid on the 4th, 8th, and 12th anniversaries of the date of issuance.
Answer Applies to: California
Replied: 12/20/2010
Fish & Associates, PC
Fish & Associates, PC | Robert D. Fish
You have to pay maintenance fees. http://www.uspto.gov/patents/process/maintain.jsp Also, patents are not self-enforcing. If you think someone is infringing, you should get an attorney to assist with licensing, sale, or litigation.
Answer Applies to: California
Replied: 12/20/2010
DANIEL NESBITT
DANIEL NESBITT | Hasse & Nesbitt
After a patent application has been examined and found allowable, the patent applicant must pay an Issue fee set by the US Patent Office within the prescribed time period. After a patent is granted, the patent owner will be responsible for paying maintenance fees at the 4th, 8th and 12th year anniversary dates, in order to maintain the enforceability of the patent.

Please contact your patent attorney for further assistance.
Answer Applies to: Ohio
Replied: 12/20/2010
Young Basile
Young Basile | Denise Glassmeyer
The answer to your question is: Yes you do have to take action in order to maintain your patent.

The maximum term for a United States Utility Patents that would be issued today is 20 years from the earliest claimed priority date. The term can be shortened in various situations. One of those is failure to pay US patent maintenance fees due and payable at 3.5, 7.5 and 11.5 years measured from the issue date of the original patent. If these fees are not paid in a timely manner, the patent term expires prematurely and the patented subject matter enters the public domain.

You can check out more at http://www.uspto.gov/patents/process/maintain.jsp
Answer Applies to: Michigan
Replied: 12/19/2010
    Malhotra Law Firm, PLLC
    Malhotra Law Firm, PLLC | Deepak Malhotra
    For the US, maintenance fees must be paid three and a half, seven and a half, and eleven and a half years after the patent issues to maintain it for the full term. Other countries require a fee every year.

    You can hire a patent attorney or annuity service to remind you of the deadlines. It is not possible to pay in advance.

    You can check the status at www.USPTO.gov
    Answer Applies to: Washington
    Replied: 12/17/2010
    Rhema Law Group
    Rhema Law Group | John D. Tran
    There are maintenance fees that you have to pay to maintain your patent at certain time intervals during the duration of your patent term. Failure to do so will allow your patent to become abandoned. Current fees can be found at the US patent trademark office's website which has a ton of great information.
    Answer Applies to: California
    Replied: 12/17/2010
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