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Archived updates for Monday, December 06, 2004

H.R. 4818 Questions and Answers from the USPTO (Maintenance Fees)

". . . Q3. Assume the following: the third maintenance fee and appropriate surcharge to accept that payment during the grace period are paid at 9:00 AM on December 8, 2004 using the Office’s Internet Web-based payment system; the President subsequently signs the Consolidated Appropriations Act, 2005 (H.R. 4818) at noon on December 8, 2004, making December 8, 2004 the date of enactment of the new maintenance fees; no additional maintenance fee is paid for the relevant patent on December 8, 2004; and the grace period to pay the maintenance fee expired at midnight on December 8, 2004. Has the patent expired? (Note: the Office’s automated system only required/permitted payment of the fees in effect before the enactment).

A3. Yes, the patent expired for the failure to pay the entire maintenance fee due within the grace period. Since the third maintenance fee was paid on the same day that the third maintenance fee was increased and the revised statutory fee is effective for the entire day, the revised (higher) fee must be paid by midnight that day (December 8, 2004) rather than the lower amount that was paid."

Click here for the other Q&As.

Click here for More HR 4818 Updates from the USPTO.
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