How to Renew an Existing Patent

It takes a special act of Congress to renew an existing patent, so most patent holders must make the most of the standard 20 years during which they can hold a patent. According to the U.S. Patent and Trademark Office, or USPTO, in the case of some drug companies, the USPTO will renew an existing patent on a pharmaceutical drug that has lost part of the patent period to the FDA approval process.

Difficulty: Challenging

Instructions

Things You'll Need:

• Act of Congress
• Patent attorney
• Internet access

Try to Renew an Existing Patent

1. Determine whether any of these events occurred: 1) the USPTO actually held up your patent process unnecessarily during the approval process, 2) the USPTO didn't make any determination for a full three years after you submitted your application or 3) there was undue delay because of an interference. An interference is the term used when two people try to patent the same invention at the same time.

2. Understand that patent renewals happen in only extremely rare cases.

3. Contact a patent attorney if you hold a patent that you believe can be extended. In most cases, this would be the attorney that you worked with to file the patent originally. You will need records documenting the delay, which the attorney that helped you file the patent should have.

4. Count on waiting several months to a year before you hear a determination on your request to renew your patent.

Pay Fees to Maintain a Patent

5. Be aware that many countries, including the US, require the payment of fees to maintain an existing patent. Sometimes these are called "renewal fees."

6. Check with your patent attorney regarding the due dates of fees applicable to any patents you hold. Requirements vary from country to country. In the US, fees are required 3½, 7½ and 11½ years after the patent has been granted.

7. Consider hiring a company to manage your patent maintenance fees if you hold multiple patents. There are commercial companies that will keep track of your impending fees and see that they are paid correctly.

Tips & Warnings

• Since it takes an act of Congress to renew an existing patent, count on securing the sole rights to your invention for only 20 years.
• Beware of so-called "patent promotion" organizations that will offer to take your patented item and promote it to businesses that might use it. While some of these organizations are legitimate, there are many con artists in this game as well. Their usual target is an inventor who has not yet received a patent. They will tell you that they will take the idea and market it. Complaints to the Federal Trade Commission and Better Business Bureau, however, reveal that in many cases, the inventor's money is simply taken with no results, or worse--the original idea is stolen. There is little or no legal recourse in many of these situations.

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