Who can sign a petition for delayed payment of maintenance fees?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The signature requirements for a petition for delayed payment of maintenance fees depend on when the application was filed, as outlined in MPEP 2590:

For applications filed on or after September 16, 2012:

According to 37 CFR 1.33(b), the petition must be signed by:

• A patent practitioner of record
• A patent practitioner not of record who acts in a representative capacity under 37 CFR 1.34
• The applicant (37 CFR 1.42)

For juristic entities, the petition must be signed by a patent practitioner unless otherwise specified.

For applications filed before September 16, 2012:

Pre-AIA 37 CFR 1.33(b) allows the petition to be signed by:

• A patent practitioner of record
• A patent practitioner not of record acting in a representative capacity
• An assignee as provided for under pre-AIA 37 CFR 3.71(b)
• All of the applicants (pre-AIA 37 CFR 1.41(b))

It’s crucial to ensure the correct person signs the petition to avoid potential delays or rejections.