Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2500 – Maintenance Fees (10)
Yes, a patent can be reinstated after expiration due to non-payment of maintenance fees under certain conditions. The MPEP 2590 outlines the process for patent reinstatement:
“The patent may be reinstated if the delay in payment of the maintenance fee was unintentional.”
Key points about patent reinstatement:
- A petition for reinstatement must be filed within 24 months from the expiration date.
- The petition must include a statement that the delay was unintentional.
- All required maintenance fees and any applicable surcharges must be paid.
- The Director of the USPTO must determine that the delay was indeed unintentional.
It’s important to note that the reinstatement process is not automatic and requires a formal petition and fee payment.
To learn more:
If you miss both the maintenance fee payment and the 6-month grace period, your patent will expire. However, the USPTO may accept late payments under certain conditions. According to MPEP 2501:
“The Director may accept the payment of any maintenance fee required by subsection (b) after the 6-month grace period if the delay is shown to the satisfaction of the Director to have been unintentional.”
To reinstate the patent, you must file a petition showing the delay was unintentional and pay the maintenance fee along with any required surcharges. If accepted, “the patent shall be considered as not having expired at the end of the grace period.”
To learn more:
A terminal disclaimer can affect the term of a patent, but it does not change the maintenance fee payment requirements. According to MPEP 2520:
“The term of a patent might be shortened, e.g., by a terminal disclaimer. If a patent will expire part way between the due dates set in 35 U.S.C. 41(b), or between the latest due date and the term set in 35 U.S.C. 154, it is still required that the entire maintenance fee amount for the due date be paid.”
This means that even if a terminal disclaimer shortens the patent term, you are still obligated to pay the full maintenance fee for each due date that occurs before the patent expires. The USPTO does not prorate or reduce maintenance fees based on a shortened patent term resulting from a terminal disclaimer.
To learn more:
According to MPEP 2515, anyone can pay maintenance fees for a patent. Specifically, the section states:
“The patentee may pay maintenance fees and any necessary surcharges or any person or organization may pay maintenance fees and any necessary surcharges on behalf of the patentee.“
This means that the patent owner, a legal representative, or even a third party can submit the payment. No special authorization is required for someone other than the patentee to pay the fees.
To learn more:
An attorney can withdraw from representation in a patent case by following these steps:
- File a request to withdraw in accordance with 37 CFR 1.36.
- The request should include the correspondence address of the applicant or patent owner.
- If the applicant/owner is represented by a new attorney, include the new attorney’s registration number.
- The Office of Enrollment and Discipline may require the practitioner to notify the client of the withdrawal.
As stated in MPEP 2560: “The withdrawal of an attorney may not be used to delay proceedings in an application.“
To learn more:
Are maintenance fees required for all types of patents?
No, maintenance fees are not required for all types of patents. The MPEP 2504 provides clear guidance on which patents are subject to maintenance fees:
“Maintenance fees are required to be paid on all patents based on applications filed on or after December 12, 1980, except for plant patents based on applications filed before June 8, 1995. This includes reissue patents as well as original patents.“
Here’s a breakdown of maintenance fee requirements by patent type:
- Utility patents: Subject to maintenance fees
- Design patents: Not subject to maintenance fees
- Plant patents (filed before June 8, 1995): Not subject to maintenance fees
- Plant patents (filed on or after June 8, 1995): Subject to maintenance fees
- Reissue patents: Subject to maintenance fees if the original patent was subject to them
It’s crucial for patent holders to understand these distinctions to properly maintain their patent rights and avoid unintentional expiration due to non-payment of required fees.
To learn more:
To check the maintenance fee payment status for a specific patent, you can use the following methods:
- Visit the USPTO’s Patent Maintenance Fees Storefront and enter the patent number.
- Use the Patent Application Information Retrieval (PAIR) system to access detailed maintenance fee information.
- Contact the USPTO’s Office of Finance directly at 571-272-6500.
According to MPEP 2570, “The Office will respond to requests for the maintenance fee status of patents. The Office will provide the status including the amount of any maintenance fee paid, the date paid, and any expiration date.”
To learn more:
There are two primary methods to check the maintenance fee payment status of a patent:
- Online: Visit the USPTO’s Maintenance Fee webpage. Enter the patent number and corresponding application number in the appropriate fields.
- By Phone: Call the USPTO’s Maintenance Fee Branch. Note that telephone status requests are limited to two patent numbers per call.
As stated in the MPEP: “Maintenance fee status information for a patent of interest can be obtained over the internet by entering the patent number and the corresponding application number in the appropriate spaces on the webpage available at https://fees.uspto.gov/MaintenanceFees.”
To learn more:
“Unintentional delay” in paying maintenance fees is a crucial concept for reinstating expired patents. According to MPEP 2590:
“A person seeking reinstatement of an expired patent should not make a statement that the delay in payment of the maintenance fee was unintentional unless the entire delay was unintentional, including the period from discovery that the maintenance fee was not timely paid until payment of the maintenance fee.”
This means that the entire period of delay, from the missed payment deadline to the filing of the petition, must be unintentional. Intentional delays, even after discovering the missed payment, can disqualify a patent from reinstatement.
For delays exceeding two years, the USPTO requires additional explanation to establish that the entire delay was unintentional.
To learn more:
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.
To learn more:
MPEP 2501 – Introduction (1)
If you miss both the maintenance fee payment and the 6-month grace period, your patent will expire. However, the USPTO may accept late payments under certain conditions. According to MPEP 2501:
“The Director may accept the payment of any maintenance fee required by subsection (b) after the 6-month grace period if the delay is shown to the satisfaction of the Director to have been unintentional.”
To reinstate the patent, you must file a petition showing the delay was unintentional and pay the maintenance fee along with any required surcharges. If accepted, “the patent shall be considered as not having expired at the end of the grace period.”
To learn more:
MPEP 2504 – Patents Subject To Maintenance Fees (1)
Are maintenance fees required for all types of patents?
No, maintenance fees are not required for all types of patents. The MPEP 2504 provides clear guidance on which patents are subject to maintenance fees:
“Maintenance fees are required to be paid on all patents based on applications filed on or after December 12, 1980, except for plant patents based on applications filed before June 8, 1995. This includes reissue patents as well as original patents.“
Here’s a breakdown of maintenance fee requirements by patent type:
- Utility patents: Subject to maintenance fees
- Design patents: Not subject to maintenance fees
- Plant patents (filed before June 8, 1995): Not subject to maintenance fees
- Plant patents (filed on or after June 8, 1995): Subject to maintenance fees
- Reissue patents: Subject to maintenance fees if the original patent was subject to them
It’s crucial for patent holders to understand these distinctions to properly maintain their patent rights and avoid unintentional expiration due to non-payment of required fees.
To learn more:
MPEP 2515 – Information Required For Submission Of Maintenance Fee Payment (1)
According to MPEP 2515, anyone can pay maintenance fees for a patent. Specifically, the section states:
“The patentee may pay maintenance fees and any necessary surcharges or any person or organization may pay maintenance fees and any necessary surcharges on behalf of the patentee.“
This means that the patent owner, a legal representative, or even a third party can submit the payment. No special authorization is required for someone other than the patentee to pay the fees.
To learn more:
MPEP 2520 – Maintenance Fee Amounts (1)
A terminal disclaimer can affect the term of a patent, but it does not change the maintenance fee payment requirements. According to MPEP 2520:
“The term of a patent might be shortened, e.g., by a terminal disclaimer. If a patent will expire part way between the due dates set in 35 U.S.C. 41(b), or between the latest due date and the term set in 35 U.S.C. 154, it is still required that the entire maintenance fee amount for the due date be paid.”
This means that even if a terminal disclaimer shortens the patent term, you are still obligated to pay the full maintenance fee for each due date that occurs before the patent expires. The USPTO does not prorate or reduce maintenance fees based on a shortened patent term resulting from a terminal disclaimer.
To learn more:
MPEP 2560 – Revocation Of Power Of Attorney And Withdrawal Of Attorney (1)
An attorney can withdraw from representation in a patent case by following these steps:
- File a request to withdraw in accordance with 37 CFR 1.36.
- The request should include the correspondence address of the applicant or patent owner.
- If the applicant/owner is represented by a new attorney, include the new attorney’s registration number.
- The Office of Enrollment and Discipline may require the practitioner to notify the client of the withdrawal.
As stated in MPEP 2560: “The withdrawal of an attorney may not be used to delay proceedings in an application.“
To learn more:
MPEP 2570 – Maintenance Fee Payment Status Requests (2)
To check the maintenance fee payment status for a specific patent, you can use the following methods:
- Visit the USPTO’s Patent Maintenance Fees Storefront and enter the patent number.
- Use the Patent Application Information Retrieval (PAIR) system to access detailed maintenance fee information.
- Contact the USPTO’s Office of Finance directly at 571-272-6500.
According to MPEP 2570, “The Office will respond to requests for the maintenance fee status of patents. The Office will provide the status including the amount of any maintenance fee paid, the date paid, and any expiration date.”
To learn more:
There are two primary methods to check the maintenance fee payment status of a patent:
- Online: Visit the USPTO’s Maintenance Fee webpage. Enter the patent number and corresponding application number in the appropriate fields.
- By Phone: Call the USPTO’s Maintenance Fee Branch. Note that telephone status requests are limited to two patent numbers per call.
As stated in the MPEP: “Maintenance fee status information for a patent of interest can be obtained over the internet by entering the patent number and the corresponding application number in the appropriate spaces on the webpage available at https://fees.uspto.gov/MaintenanceFees.”
To learn more:
MPEP 2575 – Notices (1)
Yes, a patent can be reinstated after expiration due to non-payment of maintenance fees under certain conditions. The MPEP 2590 outlines the process for patent reinstatement:
“The patent may be reinstated if the delay in payment of the maintenance fee was unintentional.”
Key points about patent reinstatement:
- A petition for reinstatement must be filed within 24 months from the expiration date.
- The petition must include a statement that the delay was unintentional.
- All required maintenance fees and any applicable surcharges must be paid.
- The Director of the USPTO must determine that the delay was indeed unintentional.
It’s important to note that the reinstatement process is not automatic and requires a formal petition and fee payment.
To learn more:
MPEP 2590 – Acceptance Of Delayed Payment Of Maintenance Fee In Expired Patent To Reinstate Patent (2)
“Unintentional delay” in paying maintenance fees is a crucial concept for reinstating expired patents. According to MPEP 2590:
“A person seeking reinstatement of an expired patent should not make a statement that the delay in payment of the maintenance fee was unintentional unless the entire delay was unintentional, including the period from discovery that the maintenance fee was not timely paid until payment of the maintenance fee.”
This means that the entire period of delay, from the missed payment deadline to the filing of the petition, must be unintentional. Intentional delays, even after discovering the missed payment, can disqualify a patent from reinstatement.
For delays exceeding two years, the USPTO requires additional explanation to establish that the entire delay was unintentional.
To learn more:
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.
To learn more:
Patent Law (10)
Yes, a patent can be reinstated after expiration due to non-payment of maintenance fees under certain conditions. The MPEP 2590 outlines the process for patent reinstatement:
“The patent may be reinstated if the delay in payment of the maintenance fee was unintentional.”
Key points about patent reinstatement:
- A petition for reinstatement must be filed within 24 months from the expiration date.
- The petition must include a statement that the delay was unintentional.
- All required maintenance fees and any applicable surcharges must be paid.
- The Director of the USPTO must determine that the delay was indeed unintentional.
It’s important to note that the reinstatement process is not automatic and requires a formal petition and fee payment.
To learn more:
If you miss both the maintenance fee payment and the 6-month grace period, your patent will expire. However, the USPTO may accept late payments under certain conditions. According to MPEP 2501:
“The Director may accept the payment of any maintenance fee required by subsection (b) after the 6-month grace period if the delay is shown to the satisfaction of the Director to have been unintentional.”
To reinstate the patent, you must file a petition showing the delay was unintentional and pay the maintenance fee along with any required surcharges. If accepted, “the patent shall be considered as not having expired at the end of the grace period.”
To learn more:
A terminal disclaimer can affect the term of a patent, but it does not change the maintenance fee payment requirements. According to MPEP 2520:
“The term of a patent might be shortened, e.g., by a terminal disclaimer. If a patent will expire part way between the due dates set in 35 U.S.C. 41(b), or between the latest due date and the term set in 35 U.S.C. 154, it is still required that the entire maintenance fee amount for the due date be paid.”
This means that even if a terminal disclaimer shortens the patent term, you are still obligated to pay the full maintenance fee for each due date that occurs before the patent expires. The USPTO does not prorate or reduce maintenance fees based on a shortened patent term resulting from a terminal disclaimer.
To learn more:
According to MPEP 2515, anyone can pay maintenance fees for a patent. Specifically, the section states:
“The patentee may pay maintenance fees and any necessary surcharges or any person or organization may pay maintenance fees and any necessary surcharges on behalf of the patentee.“
This means that the patent owner, a legal representative, or even a third party can submit the payment. No special authorization is required for someone other than the patentee to pay the fees.
To learn more:
An attorney can withdraw from representation in a patent case by following these steps:
- File a request to withdraw in accordance with 37 CFR 1.36.
- The request should include the correspondence address of the applicant or patent owner.
- If the applicant/owner is represented by a new attorney, include the new attorney’s registration number.
- The Office of Enrollment and Discipline may require the practitioner to notify the client of the withdrawal.
As stated in MPEP 2560: “The withdrawal of an attorney may not be used to delay proceedings in an application.“
To learn more:
Are maintenance fees required for all types of patents?
No, maintenance fees are not required for all types of patents. The MPEP 2504 provides clear guidance on which patents are subject to maintenance fees:
“Maintenance fees are required to be paid on all patents based on applications filed on or after December 12, 1980, except for plant patents based on applications filed before June 8, 1995. This includes reissue patents as well as original patents.“
Here’s a breakdown of maintenance fee requirements by patent type:
- Utility patents: Subject to maintenance fees
- Design patents: Not subject to maintenance fees
- Plant patents (filed before June 8, 1995): Not subject to maintenance fees
- Plant patents (filed on or after June 8, 1995): Subject to maintenance fees
- Reissue patents: Subject to maintenance fees if the original patent was subject to them
It’s crucial for patent holders to understand these distinctions to properly maintain their patent rights and avoid unintentional expiration due to non-payment of required fees.
To learn more:
To check the maintenance fee payment status for a specific patent, you can use the following methods:
- Visit the USPTO’s Patent Maintenance Fees Storefront and enter the patent number.
- Use the Patent Application Information Retrieval (PAIR) system to access detailed maintenance fee information.
- Contact the USPTO’s Office of Finance directly at 571-272-6500.
According to MPEP 2570, “The Office will respond to requests for the maintenance fee status of patents. The Office will provide the status including the amount of any maintenance fee paid, the date paid, and any expiration date.”
To learn more:
There are two primary methods to check the maintenance fee payment status of a patent:
- Online: Visit the USPTO’s Maintenance Fee webpage. Enter the patent number and corresponding application number in the appropriate fields.
- By Phone: Call the USPTO’s Maintenance Fee Branch. Note that telephone status requests are limited to two patent numbers per call.
As stated in the MPEP: “Maintenance fee status information for a patent of interest can be obtained over the internet by entering the patent number and the corresponding application number in the appropriate spaces on the webpage available at https://fees.uspto.gov/MaintenanceFees.”
To learn more:
“Unintentional delay” in paying maintenance fees is a crucial concept for reinstating expired patents. According to MPEP 2590:
“A person seeking reinstatement of an expired patent should not make a statement that the delay in payment of the maintenance fee was unintentional unless the entire delay was unintentional, including the period from discovery that the maintenance fee was not timely paid until payment of the maintenance fee.”
This means that the entire period of delay, from the missed payment deadline to the filing of the petition, must be unintentional. Intentional delays, even after discovering the missed payment, can disqualify a patent from reinstatement.
For delays exceeding two years, the USPTO requires additional explanation to establish that the entire delay was unintentional.
To learn more:
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.
To learn more:
Patent Procedure (10)
Yes, a patent can be reinstated after expiration due to non-payment of maintenance fees under certain conditions. The MPEP 2590 outlines the process for patent reinstatement:
“The patent may be reinstated if the delay in payment of the maintenance fee was unintentional.”
Key points about patent reinstatement:
- A petition for reinstatement must be filed within 24 months from the expiration date.
- The petition must include a statement that the delay was unintentional.
- All required maintenance fees and any applicable surcharges must be paid.
- The Director of the USPTO must determine that the delay was indeed unintentional.
It’s important to note that the reinstatement process is not automatic and requires a formal petition and fee payment.
To learn more:
If you miss both the maintenance fee payment and the 6-month grace period, your patent will expire. However, the USPTO may accept late payments under certain conditions. According to MPEP 2501:
“The Director may accept the payment of any maintenance fee required by subsection (b) after the 6-month grace period if the delay is shown to the satisfaction of the Director to have been unintentional.”
To reinstate the patent, you must file a petition showing the delay was unintentional and pay the maintenance fee along with any required surcharges. If accepted, “the patent shall be considered as not having expired at the end of the grace period.”
To learn more:
A terminal disclaimer can affect the term of a patent, but it does not change the maintenance fee payment requirements. According to MPEP 2520:
“The term of a patent might be shortened, e.g., by a terminal disclaimer. If a patent will expire part way between the due dates set in 35 U.S.C. 41(b), or between the latest due date and the term set in 35 U.S.C. 154, it is still required that the entire maintenance fee amount for the due date be paid.”
This means that even if a terminal disclaimer shortens the patent term, you are still obligated to pay the full maintenance fee for each due date that occurs before the patent expires. The USPTO does not prorate or reduce maintenance fees based on a shortened patent term resulting from a terminal disclaimer.
To learn more:
According to MPEP 2515, anyone can pay maintenance fees for a patent. Specifically, the section states:
“The patentee may pay maintenance fees and any necessary surcharges or any person or organization may pay maintenance fees and any necessary surcharges on behalf of the patentee.“
This means that the patent owner, a legal representative, or even a third party can submit the payment. No special authorization is required for someone other than the patentee to pay the fees.
To learn more:
An attorney can withdraw from representation in a patent case by following these steps:
- File a request to withdraw in accordance with 37 CFR 1.36.
- The request should include the correspondence address of the applicant or patent owner.
- If the applicant/owner is represented by a new attorney, include the new attorney’s registration number.
- The Office of Enrollment and Discipline may require the practitioner to notify the client of the withdrawal.
As stated in MPEP 2560: “The withdrawal of an attorney may not be used to delay proceedings in an application.“
To learn more:
Are maintenance fees required for all types of patents?
No, maintenance fees are not required for all types of patents. The MPEP 2504 provides clear guidance on which patents are subject to maintenance fees:
“Maintenance fees are required to be paid on all patents based on applications filed on or after December 12, 1980, except for plant patents based on applications filed before June 8, 1995. This includes reissue patents as well as original patents.“
Here’s a breakdown of maintenance fee requirements by patent type:
- Utility patents: Subject to maintenance fees
- Design patents: Not subject to maintenance fees
- Plant patents (filed before June 8, 1995): Not subject to maintenance fees
- Plant patents (filed on or after June 8, 1995): Subject to maintenance fees
- Reissue patents: Subject to maintenance fees if the original patent was subject to them
It’s crucial for patent holders to understand these distinctions to properly maintain their patent rights and avoid unintentional expiration due to non-payment of required fees.
To learn more:
To check the maintenance fee payment status for a specific patent, you can use the following methods:
- Visit the USPTO’s Patent Maintenance Fees Storefront and enter the patent number.
- Use the Patent Application Information Retrieval (PAIR) system to access detailed maintenance fee information.
- Contact the USPTO’s Office of Finance directly at 571-272-6500.
According to MPEP 2570, “The Office will respond to requests for the maintenance fee status of patents. The Office will provide the status including the amount of any maintenance fee paid, the date paid, and any expiration date.”
To learn more:
There are two primary methods to check the maintenance fee payment status of a patent:
- Online: Visit the USPTO’s Maintenance Fee webpage. Enter the patent number and corresponding application number in the appropriate fields.
- By Phone: Call the USPTO’s Maintenance Fee Branch. Note that telephone status requests are limited to two patent numbers per call.
As stated in the MPEP: “Maintenance fee status information for a patent of interest can be obtained over the internet by entering the patent number and the corresponding application number in the appropriate spaces on the webpage available at https://fees.uspto.gov/MaintenanceFees.”
To learn more:
“Unintentional delay” in paying maintenance fees is a crucial concept for reinstating expired patents. According to MPEP 2590:
“A person seeking reinstatement of an expired patent should not make a statement that the delay in payment of the maintenance fee was unintentional unless the entire delay was unintentional, including the period from discovery that the maintenance fee was not timely paid until payment of the maintenance fee.”
This means that the entire period of delay, from the missed payment deadline to the filing of the petition, must be unintentional. Intentional delays, even after discovering the missed payment, can disqualify a patent from reinstatement.
For delays exceeding two years, the USPTO requires additional explanation to establish that the entire delay was unintentional.
To learn more:
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.
To learn more: