37 CFR § 1.378 — Acceptance of delayed payment of maintenance fee (MPEP Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.378, including 78 rules 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.

Summary

This section outlines the process for accepting unintentionally delayed maintenance fee payments in expired patents, requiring a petition and adherence to specific requirements under 37 CFR 1.378.

What this section covers

Defines the process for accepting unintentionally delayed maintenance fee payments in expired patents.

Key obligations

Submit a petition for unintentionally delayed maintenance fee payment.
Provide evidence of the unintentional delay and any necessary fees.
Adhere to specific requirements outlined in 37 CFR 1.378.

Practice notes

Ensure all required documentation and evidence are included with the petition.
Verify that the delay was truly unintentional before submitting the petition.

Maintenance Fee Must Be Paid In Full On Due DateMPEP 2515Required
Payment Methods for Maintenance Fees and Surcharges Must Be SetMPEP 2515Permitted
Payment of Maintenance Fees and Surcharges Must Be Submitted Within Specified PeriodsMPEP 2515Required
Authorization to Charge Deposit Account Must Include FeesMPEP 2515Required
Incorrect Payment Does Not Count As Fee PaymentMPEP 2515Required
Authorization to Charge Deposit Account for Maintenance FeesMPEP 2522Permitted
Authorization Must Permit Immediate ChargeMPEP 2522
Procedures for Paying Maintenance Fees and SurchargesMPEP 2515Permitted
Authorization for Deposit Account Must Be Submitted Within Grace PeriodMPEP 2522Required
Authorization for Deposit Account Payment Cannot Be Submitted EarlyMPEP 2522Prohibited
New Authorization Required for Subsequent FeesMPEP 2522
Authorization to Charge Deposit Account Must Have Proper FundsMPEP 2522Required
Authorization for Immediate Charging of Maintenance Fee to Deposit Account Is RequiredMPEP 2522Required
Authorization Cannot Serve as Payment for Maintenance FeeMPEP 2522
Partial Payment Not Constitutes FeeMPEP 2522
Petitions for Unintentionally Delayed Maintenance Fee Payments in Expired PatentsMPEP 1002.02(b)
Late Payment of Maintenance Fees Not Acceptable Except by PetitionMPEP 2515
Patentee Can Seek Timely Fee Acceptance After ExpirationMPEP 2515Required
Delayed Maintenance Fee Not Acceptable Except By Director’s PermissionMPEP 2522
Telephone and Mailing Address Required for Maintenance Fee SubmissionsMPEP 2530Permitted
Office May Send Special Acceptance Notice for Maintenance FeesMPEP 2530Required
Petition Must Be Filed Within 2 Months of PTO-2143MPEP 2530Permitted
Unintentional Delayed Maintenance Fee Acceptable to Reinstate PatentMPEP 2590Permitted
Petition to Reinstate Patent After Expired Maintenance FeeMPEP 2590Required
Petition to Accept Unintentionally Delayed Maintenance Fee Must Include Specific Fees and StatementMPEP 2590Required
Petition for Unintentionally Delayed Maintenance FeeMPEP 2590
Requirement for Additional Info on Unintentional DelayMPEP 2590Permitted
Signature Requirement for Petition to Reinstate PatentMPEP 2590Required
Petition for Reconsideration of Delayed Fee RefusalMPEP 2590Permitted
Unintentional Delay in Maintenance Fee PaymentMPEP 2590Permitted
Petition to Reinstate Patent with Unintentional Delayed Maintenance Fee PaymentMPEP 2590
Petition Fee Required for Delayed Maintenance Fee PaymentMPEP 2590Required
Separate Petition Fee for Each Late Maintenance FeeMPEP 2590Required
Petition for Unintentional Delay of Maintenance Fee PaymentMPEP 2590Required
Requirement for Unintentional Delay Statement in Patent Maintenance Fee PetitionsMPEP 2590
Separate Fees for Each Unpaid Maintenance FeeMPEP 2590Required
Patent Not Expired After Late Fee PaymentMPEP 2590Required
Petition to Reinstate Must Be Properly AddressedMPEP 2590Recommended
Signatures Required for Amendments and Other PapersMPEP 2590
Signature Required for Juristic Entity PapersMPEP 2590Required
Requirement for Proper Signatures on Pre-AIA AmendmentsMPEP 2590
Patent Practitioner Required for Juristic Entity PapersMPEP 2590Required
Reconsideration of Refused Maintenance Fee PetitionsMPEP 2590
Petition for Reconsideration of Delayed Maintenance Fee RefusalMPEP 2590Permitted
No Further Reconsideration of Delayed Fee PetitionMPEP 2590Permitted
Refund of Maintenance Fee if Not AcceptedMPEP 2590
Refund of Maintenance Fee Upon No Further ReviewMPEP 2590
Petition for Unintentional Maintenance Fee Delay Must Include Fees and StatementMPEP 2590Required
Petition for Unintentional Maintenance Fee DelayMPEP 2590
Petition to Reinstate Expired Patent with Late Fee PaymentMPEP 2590Permitted
Use PTO/SB/66 for Unintentionally Delayed Maintenance Fee PetitionMPEP 2590Recommended
Petition to Process Unintentionally Delayed Maintenance Fee PaymentMPEP 2590
Request for Customer Number PermittedMPEP 2595Permitted
Petition for Unintentionally Delayed Maintenance Fee Payment in Expired PatentMPEP 2595Permitted
Improper Small Entity Fee Not Expired PatentMPEP 509.03(b)
Small Entity Maintenance Fee Payment RequirementMPEP 509.03(b)

Maintenance Fee Must Be Paid In Full On Due DateMPEP 2515Required
Payment of Maintenance Fees and Surcharges Must Be Submitted Within Specified PeriodsMPEP 2515Required
Authorization to Charge Deposit Account Must Include FeesMPEP 2515Required
Incorrect Payment Does Not Count As Fee PaymentMPEP 2515Required
Reply Including Additional Money and Surcharge Must Be Timely Filed If Entity Status Is CorrectMPEP 2550Required
Reply Must Include Entity Status Document If IncorrectMPEP 2550Required
Sufficient Payment Requires Surcharge and Maintenance FeeMPEP 2550Required
Payment Required After Returned AmountMPEP 2550Required
Explain Entire Unintentional Delay for ReinstatementMPEP 2590Required
Authorization for Deposit Account Must Be Submitted Within Grace PeriodMPEP 2522Required
Authorization to Charge Deposit Account Must Have Proper FundsMPEP 2522Required
Authorization for Immediate Charging of Maintenance Fee to Deposit Account Is RequiredMPEP 2522Required
Reply Required Before Grace Period to Avoid Patent ExpirationMPEP 2531Required
Reply Required for Underpayment Notices Based on Entity StatusMPEP 2550Required
Reply Must Be Filed Within One Month Or Grace PeriodMPEP 2550Required
Entity Status Document Required for PaymentMPEP 2550Required
Patentee Can Seek Timely Fee Acceptance After ExpirationMPEP 2515Required
Office May Send Special Acceptance Notice for Maintenance FeesMPEP 2530Required
Petition Required If No Reply Before Patent ExpirationMPEP 2531Required
Petition Required for Unintentionally Delayed Maintenance Fee After Grace Period EndsMPEP 2550Required
Petition to Reinstate Patent After Expired Maintenance FeeMPEP 2590Required
Petition to Accept Unintentionally Delayed Maintenance Fee Must Include Specific Fees and StatementMPEP 2590Required
Signature Requirement for Petition to Reinstate PatentMPEP 2590Required
Petition Fee Required for Delayed Maintenance Fee PaymentMPEP 2590Required
Separate Petition Fee for Each Late Maintenance FeeMPEP 2590Required
Petition for Unintentional Delay of Maintenance Fee PaymentMPEP 2590Required
Separate Fees for Each Unpaid Maintenance FeeMPEP 2590Required
Patent Not Expired After Late Fee PaymentMPEP 2590Required
Signature Required for Juristic Entity PapersMPEP 2590Required
Patent Practitioner Required for Juristic Entity PapersMPEP 2590Required
Petition for Unintentional Maintenance Fee Delay Must Include Fees and StatementMPEP 2590Required

Expired Patent Cannot Be Interfered WithMPEP 2303.02
Interference Cannot Be Declared with Expired PatentsMPEP 2303.02Prohibited
Entire Delay Must Be Unintentional for ReinstatementMPEP 2590Recommended
Unintentional Delay Requirement for Patent ReinstatementMPEP 2590
Patent Maintenance Fee Not Timely Paid Results In ExpirationMPEP 2303.02
Notice Requirement for Late or Insufficient PaymentMPEP 2531
Entity Status Document Must Be Filed By Mail, Fax, Or Electronic Filing SystemMPEP 2550Prohibited
Reply Required for Underpayment NoticesMPEP 2550
No Interference If Petition Not Granted for Late FeeMPEP 2303.02Permitted
Late Payment of Maintenance Fee Permitted After Grace Period If UnintentionalMPEP 2590Permitted
Petition to Reinstate Patent Requires Unintentional Delay ExplanationMPEP 2590

MPEP Section	Rules
MPEP § 1002.02(b)	Petitions for Unintentionally Delayed Maintenance Fee Payments in Expired PatentsMPEP 1002.02(b)
MPEP § 2303.02	Expired Patent Cannot Be Interfered WithMPEP 2303.02 Interference Cannot Be Declared with Expired PatentsMPEP 2303.02Prohibited Patent Maintenance Fee Not Timely Paid Results In ExpirationMPEP 2303.02 No Interference If Petition Not Granted for Late FeeMPEP 2303.02Permitted
MPEP § 2515	Maintenance Fee Must Be Paid In Full On Due DateMPEP 2515Required Payment Methods for Maintenance Fees and Surcharges Must Be SetMPEP 2515Permitted Payment of Maintenance Fees and Surcharges Must Be Submitted Within Specified PeriodsMPEP 2515Required Authorization to Charge Deposit Account Must Include FeesMPEP 2515Required Incorrect Payment Does Not Count As Fee PaymentMPEP 2515Required Procedures for Paying Maintenance Fees and SurchargesMPEP 2515Permitted Late Payment of Maintenance Fees Not Acceptable Except by PetitionMPEP 2515 Patentee Can Seek Timely Fee Acceptance After ExpirationMPEP 2515Required
MPEP § 2522	Authorization to Charge Deposit Account for Maintenance FeesMPEP 2522Permitted Authorization Must Permit Immediate ChargeMPEP 2522 Authorization for Deposit Account Must Be Submitted Within Grace PeriodMPEP 2522Required Authorization for Deposit Account Payment Cannot Be Submitted EarlyMPEP 2522Prohibited New Authorization Required for Subsequent FeesMPEP 2522 Authorization to Charge Deposit Account Must Have Proper FundsMPEP 2522Required Authorization for Immediate Charging of Maintenance Fee to Deposit Account Is RequiredMPEP 2522Required Authorization Cannot Serve as Payment for Maintenance FeeMPEP 2522 Partial Payment Not Constitutes FeeMPEP 2522 Delayed Maintenance Fee Not Acceptable Except By Director’s PermissionMPEP 2522
MPEP § 2530	Telephone and Mailing Address Required for Maintenance Fee SubmissionsMPEP 2530Permitted Office May Send Special Acceptance Notice for Maintenance FeesMPEP 2530Required Petition Must Be Filed Within 2 Months of PTO-2143MPEP 2530Permitted
MPEP § 2531	Notice Requirement for Late or Insufficient PaymentMPEP 2531 Reply Required Before Grace Period to Avoid Patent ExpirationMPEP 2531Required Petition Required If No Reply Before Patent ExpirationMPEP 2531Required
MPEP § 2550	Reply Including Additional Money and Surcharge Must Be Timely Filed If Entity Status Is CorrectMPEP 2550Required Reply Must Include Entity Status Document If IncorrectMPEP 2550Required Sufficient Payment Requires Surcharge and Maintenance FeeMPEP 2550Required Payment Required After Returned AmountMPEP 2550Required Reply Required for Underpayment Notices Based on Entity StatusMPEP 2550Required Entity Status Document Must Be Filed By Mail, Fax, Or Electronic Filing SystemMPEP 2550Prohibited Reply Must Be Filed Within One Month Or Grace PeriodMPEP 2550Required Reply Required for Underpayment NoticesMPEP 2550 Entity Status Document Required for PaymentMPEP 2550Required Petition Required for Unintentionally Delayed Maintenance Fee After Grace Period EndsMPEP 2550Required
MPEP § 2590	Entire Delay Must Be Unintentional for ReinstatementMPEP 2590Recommended Explain Entire Unintentional Delay for ReinstatementMPEP 2590Required Unintentional Delay Requirement for Patent ReinstatementMPEP 2590 Unintentional Delayed Maintenance Fee Acceptable to Reinstate PatentMPEP 2590Permitted Petition to Reinstate Patent After Expired Maintenance FeeMPEP 2590Required Petition to Accept Unintentionally Delayed Maintenance Fee Must Include Specific Fees and StatementMPEP 2590Required Petition for Unintentionally Delayed Maintenance FeeMPEP 2590 Requirement for Additional Info on Unintentional DelayMPEP 2590Permitted Signature Requirement for Petition to Reinstate PatentMPEP 2590Required Petition for Reconsideration of Delayed Fee RefusalMPEP 2590Permitted Unintentional Delay in Maintenance Fee PaymentMPEP 2590Permitted Petition to Reinstate Patent with Unintentional Delayed Maintenance Fee PaymentMPEP 2590 Petition Fee Required for Delayed Maintenance Fee PaymentMPEP 2590Required Separate Petition Fee for Each Late Maintenance FeeMPEP 2590Required Petition for Unintentional Delay of Maintenance Fee PaymentMPEP 2590Required Requirement for Unintentional Delay Statement in Patent Maintenance Fee PetitionsMPEP 2590 Separate Fees for Each Unpaid Maintenance FeeMPEP 2590Required Patent Not Expired After Late Fee PaymentMPEP 2590Required Petition to Reinstate Must Be Properly AddressedMPEP 2590Recommended Signatures Required for Amendments and Other PapersMPEP 2590 Signature Required for Juristic Entity PapersMPEP 2590Required Requirement for Proper Signatures on Pre-AIA AmendmentsMPEP 2590 Patent Practitioner Required for Juristic Entity PapersMPEP 2590Required Reconsideration of Refused Maintenance Fee PetitionsMPEP 2590 Petition for Reconsideration of Delayed Maintenance Fee RefusalMPEP 2590Permitted No Further Reconsideration of Delayed Fee PetitionMPEP 2590Permitted Refund of Maintenance Fee if Not AcceptedMPEP 2590 Refund of Maintenance Fee Upon No Further ReviewMPEP 2590 Late Payment of Maintenance Fee Permitted After Grace Period If UnintentionalMPEP 2590Permitted Petition for Unintentional Maintenance Fee Delay Must Include Fees and StatementMPEP 2590Required Petition for Unintentional Maintenance Fee DelayMPEP 2590 Petition to Reinstate Patent Requires Unintentional Delay ExplanationMPEP 2590 Petition to Reinstate Expired Patent with Late Fee PaymentMPEP 2590Permitted Use PTO/SB/66 for Unintentionally Delayed Maintenance Fee PetitionMPEP 2590Recommended Petition to Process Unintentionally Delayed Maintenance Fee PaymentMPEP 2590
MPEP § 2595	Request for Customer Number PermittedMPEP 2595Permitted Petition for Unintentionally Delayed Maintenance Fee Payment in Expired PatentMPEP 2595Permitted
MPEP § 509.03(b)	Improper Small Entity Fee Not Expired PatentMPEP 509.03(b) Small Entity Maintenance Fee Payment RequirementMPEP 509.03(b)

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

37 CFR § 1.378 — Acceptance of delayed payment of maintenance fee (MPEP Index) – BlueIron IP

37 CFR § 1.378 Acceptance of delayed payment of maintenance fee

Summary

Official MPEP § 1.378 — Acceptance of delayed payment of maintenance fee

1.378 Acceptance of delayed payment of maintenance fee in expired patent to reinstate patent.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions