What happens if my petition for delayed payment of maintenance fees is refused?

If your petition for delayed payment of maintenance fees is refused, you have options according to MPEP 2590:

1. Petition for Reconsideration: You can file a petition for reconsideration within two months of the decision, or within the time specified in the decision.
2. Refund of Maintenance Fee: If the delayed payment is not accepted, the maintenance fee will be refunded. As stated in the MPEP: “If the delayed payment of the maintenance fee is not accepted, the maintenance fee will be refunded following the decision on the petition for reconsideration, or after the expiration of the time for filing such a petition for reconsideration, if none is filed.“

It’s important to note that the decision on the petition for reconsideration may state that no further reconsideration or review will be undertaken by the Director of the Office.

If your petition is ultimately refused, you may need to consider other options, such as filing a new patent application if the invention is still novel and non-obvious.

To learn more:

• petition refusal
• maintenance fees
• reconsideration
• refund
• patent expiration