Simply put, keeping a patent valid is done by continuing to pay the taxes. Each patent granting body employs people to manage and maintain the rights of applicants. It is also necessary to maintain their systems and update information. In return for this, of course, there is a fee, which we call taxes.

These taxes are amounts that the patent holder has to pay after grant to keep the patent registered. It is usually customary to pay these taxes every year, hence the name annual or maintenance taxes. These are then paid once a year and then the register also records until when the patent is valid.

Normally, a patent is valid for 20 years from the filing date. But with the condition that these annual fees are paid. If this is not the case, the patent is deleted from the register and no more rights apply. The patent is then no longer valid. Now it may be that, despite all caution, the patent has accidentally not been paid. Then there are still options within certain limits. But it is important to keep a close eye on these payments so as not to lose any rights.

Usually, tax payments start from the third or fourth year after the filing date of your patent application, but this can vary from country to country. The cost for this usually increases over the life of the patent. This is to ensure that only valuable patents are maintained. You pay the maintenance fee to the national or regional patent office where the patent was granted, e.g. the European Patent Office (EPO / EPA) for European patents or the Netherlands Patent Office for Dutch patents.

At Custos IPC, we are used to keeping a close eye on patent rights and not missing any payments. Patent granting agencies usually do not send reminders for these payments, so it is important to keep a good system up to date yourself. That is why we have at our disposal Formalities Officers. These are trained to keep an eye on payment deadlines so you don't lose dues.

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