Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2500 – Maintenance Fees (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:
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 (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 Procedure (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: