Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
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: