What are yearly fees and what is the difference between "yearly fees", "maintenance fees" and "renewal fees"?

Most countries' Patent Law foresee that fees are paid during the lifetime of a patent. The distinction between the terms "yearly fees", "maintenance fees" and "renewal fees" may appear to be rather complicated at first, but for those who work in the field, the difference is important and clear. "Yearly fees" or "annual fees" are those fees that are paid on a yearly basis. On the other hand, "maintenance fees" are those regular fees that must be paid in certain countries, such as the U.S.A. and Canada (the term "maintenance fee" is used in their State laws), and in China (where the Patent Law refer to "maintenance fees" which are paid before the patent is granted, after which "yearly fees" are due). The term "renewal fee" is, however, the most appropriate for all.  

When do renewals expire?

Once again, most Patent Laws foresee a yearly renewal, according to the date of filing, whether or not the patent in question has been granted. There are, however, some notable exceptions. Certain countries only require renewal once the patent has actually been granted (e.g. U.S.A.) and others only after publication of grant (e.g. South Korea and Taiwan).  

How much do official renewal fees cost?

Renewal fees vary in cost from country to country and from year to year.  

Do National Patent Offices foresee an extension period during which late renewal fees are still accepted?

Yes, though only when the renewal fees are accompanied by an extra payment (known as "surcharge fees", "late fee payment" or "additional fees") that ranges from 10 percent up to 100 percent.

Are any special documents required for renewal?

No. Renewals may be made indicating the Patent or Application Number and the name of the Applicant. Many countries' Patent Laws foresee that patents can only be renewed by the local Attorney (also called "Representative") but countries that allow a third party to renew a patent are increasing.  

How long does it take to receive official receipts of payment?

National Patent Offices generally issue receipts of payment fairly quickly. There are, however, countries such as Canada and Hungary where no official receipt of payment is issued.  

Do the National Patent Offices send out reminders for renewals?

There are very few national Patent Offices with an internal computerised system that issue renewal reminders to patent holders and/or to local Patent Attorneys (e.g. The Netherlands, Ireland, etc.). There are, however, some offices that do let holders or attorneys know that renewal is due only in the grace period (e.g. the European Patent Office, Canada, U.S.A., United Kingdom, and so on).

If annual fees are not paid, can a patent still be "brought back to life"?

Some countries' Patent Laws foresee reinstatement, also known as "restitutio ad integrum". In other words, patents can be "brought back to life" within a certain clearly defined period, that varies from country to country, only when renewal payments are proved to have been missed due to "force majeur", and that all necessary steps had been taken to avoid such a situation.  

Do the various National Patent Offices issue any documents indicating the legal standing of patents?

Yes, various National Patent Offices (in particular European offices, U.S.A., Japan) allow requests for official documents that certify the status of a patent. It is also possible, however, to gain such information much more rapidly - though less officially - from special databases which require an annual subscription.