Patent Issuance

After payment of an issue fee, a patent is issued by the Patent and Trademark Office as soon as possible. Upon issuance, the patent holder gains the right to exclude others from making, using, or selling product, or using a method if such product or method falls within the claims of the patent as issued.

Term

The life of a patent generally dates 20 years from the date of filing. Since the preclusive effect of a patent only begins when the patent is issued, but is limited to 20 years from filing, it is important that an application issue as soon as possible.

Maintenance

Utility patents issued from applications filed on or after December 12, 1980 are subject to the payment of maintenance fees. These fees are due at 3½, 7½, and 11½ years from the date the patent is granted. Maintenance fees may be paid up to six months after the due date with the payment of a surcharge. However, an infringement which begins during any period of lapse after this six-month "grace period" may not be stopped even if the patent is thereafter reinstated. 35 U.S.C. § 41(c)(2).

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