What is the process for accepting delayed payment of maintenance fees in expired patents?
The Director of the USPTO may accept delayed payment of maintenance fees for expired patents if the delay is shown to be unintentional. According to MPEP 2590, the process involves:
- Filing a petition under 37 CFR 1.378(b)
- Paying the required maintenance fee
- Paying the petition fee
- Submitting a statement that the delay was unintentional
The MPEP states: “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); and (3) A statement that the delay in payment of the maintenance fee was unintentional.“
To learn more:
Topics:
MPEP 2500 - Maintenance Fees,
MPEP 2590 - Acceptance Of Delayed Payment Of Maintenance Fee In Expired Patent To Reinstate Patent,
Patent Law,
Patent Procedure