Your U.S. patent, published U.S. application, or published PCT application designating the United States is available as prior art on the date that the patent or published application is "effectively filed."
The date that a U.S. patent or U.S. or PCT published application is "effectively filed" is the earlier of:
(i) the actual filing date of the U.S. patent or U.S. or PCT published application; or
(ii) the filing date of the earliest application to which the U.S. patent or U.S. or PCT published application is entitled to claim a right of foreign priority or domestic benefit, and which describes the subject matter.
No. Patent maintenance fees are only required for maintaining an original or reissue patent, except for a design or plant patent, based on an application filed on or after December 12, 1980.