home *** CD-ROM | disk | FTP | other *** search
- Newsgroups: comp.patents
- Path: sparky!uunet!paladin.american.edu!darwin.sura.net!mips!mips!munnari.oz.au!metro!basser.cs.su.oz.au!news
- From: Carl Oppedahl <0001811496@mcimail.com>
- Subject: [INFO] expiring patents
- Organization: Basser Dept of Computer Science, University of Sydney, Australia
- Date: Mon, 17 Aug 1992 03:51:00 GMT
- Approved: patents@cs.su.oz.au
- Message-ID: <1992Aug19.224908.11164@cs.su.oz.au>
- Sender: news@cs.su.oz.au (News)
- Lines: 162
-
- Gregory Aharonian (srctran@world.std.com) writes:
-
- >An interesting observation about patents and recessions. The March
- >24th issue of the Official Gazette of the US Patent Office listed about
- >2000 patents that had expired because the assignee failed to pay the
- >maintenance fees.
-
- Well, yes, that is commonplace nowadays. You pay an issue fee for the
- patent to issue, then after 3.5 years a maintenance fee, then after
- 7.5 years another maintenance fee, then after 11.5 years a final maintenance
- fee. If you fail to pay a maintenance fee the patent lapses.
-
- The idea, of course, is to try to extract money from patent owners
- in some relationship to how lucrative the individual patents are.
- The other choice (which was the practice in the U.S. up until the
- last decade) was to charge all the money in application fees and issue
- fees, which came down pretty heavily in favor of moneyed inventors.
- Now, if your patent happens not to have panned out, you just meekly fail
- to pay the maintenance fee, and spend less money than if it had all
- been packed into the application fee and the issue fee. As an
- individual or small business this makes it easier (less costly) to
- get a patent in the first place. You, the individual or small
- business inventor, are being subsidized, when you apply for a patent,
- by others whose patents happen to be making lots of money (which prompts
- them to pay the maintenance fees).
-
- A further public benefit of the maintenance fee system is that it "clears
- the deadwood", reducing the number of patents you would have to worry
- about if you are searching patents because you are afraid you might
- infringe one. Suppose you are planning to enter technological area X,
- and search all patents finding three of them in area X. Suppose further
- that two of them have expired due to failure of the owner to pay the
- maintenance fee. Now you need only worry about whether you infringe
- the remaining one.
-
- >[mod- this may not be so unusual. In the past the US did not have
- >renewal fees, now they have them every 4 years. This would result in a
- >lot higher number of patents actually lapsing were as in the past
- >they would have not showed up...]
-
- Yes, the moderator has the right idea here. To elaborate on the moderator's
- comment, here are excerpts from 37 CFR 1.20, the regulation covering
- post issuance fees:
-
- (e) For maintaining an original or reissue patent,
- except a design or plant patent, based on an
- application filed on or after December 12, 1980
- and before August 27, 1982, in force beyond
- four years; the fees is due by three years and six
- months after the original grant $ 245.00
-
- (f) For maintaining an original or reissue patent,
- except a design or plant patent, based on an
- application filed on or after December 12, 1980
- and before August 27, 1982, in force beyond
- eight years; the fee is due by seven years and
- six months after the original grant $ 495.00
-
- (g) For maintaining an original or reissue patent,
- except a design or plant patent, based on an
- application filed on or after December 12, 1980
- and before August 27, 1982, in force beyond
- twelve years; the fee is due by eleven years
- and six months after the original grant $ 740.00
-
- (h) For maintaining an original or reissue patent,
- except a design or plant patent, based on an
- application filed on or after August 27, 1982, in
- force beyond four years; the fee is due by three
- years and six months after the original grant:
- By a small entity $ 415.00
- By other than a small entity $ 830.00
-
- (i) For maintaining an original or reissue patent,
- except a design or plant patent, based on an
- application, filed on or after August 27, 1982, in
- force beyond eight years; the fee is due to
- seven years and six months after the original
- grant:
- By a small entity 835.00
- By other than a small entity 1,670.00
-
- (j) For maintaining an original or reissue patent,
- except a design or plant patent, based on an
- application filed on or after August 27, 1982, in
- force beyond twelve years; the fee is due by
- eleven years and six months after the original
- grant:
- By a small entity 1,250.00
- By other than a small entity 2,500.00
-
- (k) Surcharge for paying a maintenance fee during
- the six-month grace period following the expira-
- tion of three years and six months, seven years
- and six months, and eleven years and six
- months after the date of the original grant of a
- patent based on an application:
- Filed on or after December 12, 1980, and
- before August 27, 1982 $ 120.00
-
- (l) Surcharge for paying a maintenance fee during
- the six-month grace beyond following the expira-
- tion of three years and six months, seven years
- and six months, and eleven years-and six
- months after the date of the original grant of a
- patent based on an application filed on or after
- August 27, 1982:
- By a small entity (@ 1.9(f)) $ 60.00
- By other than a small entity $ 120.00
-
- (m) Surcharge for accepting a maintenance fee
- after expiration of a patent for non-timely pay-
- ment of a maintenance fee where the delay in
- payment is shown to the satisfaction of the
- Commissioner to have been unavoidable $ 550.00
-
- One will note several things about this. The fee that is due is
- based on when an application was filed, not when the patent issued.
- The fee goes up steeply, with an eight-year renewal costing more than
- the four-year, and the twelve-year costing more than the eight-year.
- Finally, the system even in the area of maintenance fees gives some
- accommodation to individuals and small businesses by making their
- maintenance fees less costly than for big businesses. If you are a
- "small entity" then your maintenance fee is cheaper (as is the
- application fee and the issue fee).
-
- >I haven't looked closely, but I suspect many of these
- >were due to small businesses and individuals not having the money to
- >maintain their patents, for one commercial reason or another.
-
- No, that's not quite right. By definition if the patent happens to have
- worked out well (i.e. is making lots of money for the owner) then the owner
- _does_ have the money to maintain it, and indeed has no difficulty
- deciding to spend a small portion of the money on the maintenance fee.
- This is so regardless of the owner happening to be an individual or
- small business. On the other hand, if the owner has not paid the
- maintenance fee due to lack of money, then by definition the patent
- must not have worked out well (i.e. has not made money for the owner).
-
- On behalf of clients I regularly monitor patents owned by particular
- large companies, and every week I see some patents owned by large
- companies (who have lots and lots of money) expiring due to failure to
- pay maintenance fees. Obviously for them the decision not to pay the
- fee was not lots of money, but rather a simple business decision.
-
- >This list of 2000 was an unusual amount for the Gazette, which
- >usually lists some patents expiring, but I haven't seen to many with so
- >many.
-
- I haven't checked the years exactly, but I think the number you observe
- is going up because the eight-year anniversary is just now coming around
- for the oldest US patents for which maintenance fees exist. Consider
- category (i) above, filed in 1982, issued (on average) in about 1984, and
- having the eight-year fee coming due just about now.
-
- That is, previously most patents that expired due to failure to pay
- a maintenance fee were by definition patents for which the four-year
- anniversary had come and gone. By now the patents you note might include
- both four-year and eight-year failures to pay fees.
-
-
-
-