Patent Law FAQ

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:

• patent reinstatement
• expired patent
• unintentional delay
• maintenance fee non-payment
• petition for reinstatement