If a maintenance fee on a US patent has not been paid in a timely manner and the owner of the patent wants to get the patent rights reinstated, a petition and proper fees are required. A petition to reinstate an expired patent must be submitted by a recognized party. Any petition to accept an unintentionally delayed payment of a maintenance fee must include:
1. the required maintenance fee set forth in § 1.20(e) through (g)
2. the petition fee as set forth in § 1.17(m)
3. a statement that the delay in payment of the maintenance fee was unintentional
4. be signed in compliance with § 1.33(b).
The USPTO will require additional information when the petition is filed more than two years after the date the patent expired for nonpayment. The additional information is required to ensure that the USPTO are provided with sufficient facts and circumstances to support a conclusion that the entire delay was “unintentional.”
Related Practices
Copyright © 2024 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.
