Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 200 – Types and Status of Application; Benefit and Priority (1)
An applicant can restore the right of priority if the U.S. application is filed after the 12-month deadline (or 6-month deadline for design applications) but within 2 months of the expiration of that period. This can be done through a petition process, provided the delay was unintentional.
According to MPEP 213.03: “As provided in 37 CFR 1.55(c), if the subsequent application has a filing date which is after the expiration of the twelve-month period (or six-month period in the case of a design application), but within two months from the expiration of the period, the right of priority in the subsequent application may be restored under PCT Rule 26bis.3 for an international application, or upon petition under 37 CFR 1.55(c), if the delay in filing the subsequent application within the period was unintentional.”
The petition to restore the right of priority must include:
- The priority claim identifying the prior foreign application
- The petition fee
- A statement that the delay in filing was unintentional
The USPTO may require additional information to establish that the delay was unintentional.
For more information on foreign priority, visit: foreign priority.
For more information on priority restoration, visit: priority restoration.
For more information on unintentional delay, visit: unintentional delay.
MPEP 213-Right of Priority of Foreign Application (1)
An applicant can restore the right of priority if the U.S. application is filed after the 12-month deadline (or 6-month deadline for design applications) but within 2 months of the expiration of that period. This can be done through a petition process, provided the delay was unintentional.
According to MPEP 213.03: “As provided in 37 CFR 1.55(c), if the subsequent application has a filing date which is after the expiration of the twelve-month period (or six-month period in the case of a design application), but within two months from the expiration of the period, the right of priority in the subsequent application may be restored under PCT Rule 26bis.3 for an international application, or upon petition under 37 CFR 1.55(c), if the delay in filing the subsequent application within the period was unintentional.”
The petition to restore the right of priority must include:
- The priority claim identifying the prior foreign application
- The petition fee
- A statement that the delay in filing was unintentional
The USPTO may require additional information to establish that the delay was unintentional.
For more information on foreign priority, visit: foreign priority.
For more information on priority restoration, visit: priority restoration.
For more information on unintentional delay, visit: unintentional delay.
MPEP 2500 – Maintenance Fees (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 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:
Patent Law (2)
An applicant can restore the right of priority if the U.S. application is filed after the 12-month deadline (or 6-month deadline for design applications) but within 2 months of the expiration of that period. This can be done through a petition process, provided the delay was unintentional.
According to MPEP 213.03: “As provided in 37 CFR 1.55(c), if the subsequent application has a filing date which is after the expiration of the twelve-month period (or six-month period in the case of a design application), but within two months from the expiration of the period, the right of priority in the subsequent application may be restored under PCT Rule 26bis.3 for an international application, or upon petition under 37 CFR 1.55(c), if the delay in filing the subsequent application within the period was unintentional.”
The petition to restore the right of priority must include:
- The priority claim identifying the prior foreign application
- The petition fee
- A statement that the delay in filing was unintentional
The USPTO may require additional information to establish that the delay was unintentional.
For more information on foreign priority, visit: foreign priority.
For more information on priority restoration, visit: priority restoration.
For more information on unintentional delay, visit: unintentional delay.
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 Procedure (2)
An applicant can restore the right of priority if the U.S. application is filed after the 12-month deadline (or 6-month deadline for design applications) but within 2 months of the expiration of that period. This can be done through a petition process, provided the delay was unintentional.
According to MPEP 213.03: “As provided in 37 CFR 1.55(c), if the subsequent application has a filing date which is after the expiration of the twelve-month period (or six-month period in the case of a design application), but within two months from the expiration of the period, the right of priority in the subsequent application may be restored under PCT Rule 26bis.3 for an international application, or upon petition under 37 CFR 1.55(c), if the delay in filing the subsequent application within the period was unintentional.”
The petition to restore the right of priority must include:
- The priority claim identifying the prior foreign application
- The petition fee
- A statement that the delay in filing was unintentional
The USPTO may require additional information to establish that the delay was unintentional.
For more information on foreign priority, visit: foreign priority.
For more information on priority restoration, visit: priority restoration.
For more information on unintentional delay, visit: unintentional delay.
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: