In what situations is a petition under 37 CFR 1.377 not appropriate?

The MPEP outlines several situations where a petition under 37 CFR 1.377 would not be appropriate:

1. Complete failure to include correct identifiers: “A petition under 37 CFR 1.377 would not be appropriate where there is a complete failure to include at least one correct mandatory identifier as required by 37 CFR 1.366(c) for the patent since no evidence would be present as to the patent on which the maintenance fee was intended to be paid.“

2. Payment on wrong patent: “A petition under 37 CFR 1.377 would not be appropriate where the patentee paid a maintenance fee on one patent when the patentee intended to pay the maintenance fee on a different patent but through error identified the wrong patent number and application number.“

3. Late or incomplete payment: “Likewise, a petition under 37 CFR 1.377 would not be appropriate where the entire maintenance fee payment, including any necessary surcharge, was not filed prior to expiration of the patent.“

In these cases, alternative procedures or remedies may be necessary to address the issues.

To learn more:

• patent petitions
• USPTO procedures
• maintenance fees
• patent regulations