Simply put, keeping a patent valid is done by continuing to pay the taxes. Every patent granting agency employs people to manage and maintain the rights of applicants.
You can keep a patent valid by continuing to pay the fees. Every patent granting authority employs people to manage and maintain the rights of applicants. It is also necessary to maintain the systems of these organizations and update the information. Of course, there is a fee for this, which we call taxes.
Maintain patent
Pay annual maintenance fees starting in the fourth year after filing. Dutch annual fees range from €40 per year to €1,400 per year. Failure to pay will result in the permanent revocation of your patent. The maximum term of validity is 20 years.
These fees are amounts that the patent holder must pay after the patent has been granted in order to maintain the patent registered. It is customary to pay these fees annually, hence the name annual fees or maintenance fees. These are paid once a year, and the register also records the patent's validity period.
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 The patent is then no longer valid.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.
Payments of the fees usually start in the third or fourth year after the date of submission of your patent application., but this may vary from country to country. The costs usually increase during the term of the patent. This is to ensure that only valuable patents are retained. You pay the maintenance fees to the national or regional patent office where the patent was granted, for example 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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