Patent Law FAQ

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:

• petition signature
• maintenance fees
• patent practitioner
• applicant
• juristic entity