Can a supplemental examination request be filed for an expired patent?
Yes, a supplemental examination request can be filed for an expired patent. The MPEP 2816 states: “A request for supplemental examination may be filed at any time during the period of enforceability of a patent.” This includes the period after the patent has expired. The MPEP further clarifies: “The period of enforceability is determined by…
Read MoreWhat form should I use to petition for acceptance of a late maintenance fee payment?
If you need to petition for acceptance of a late maintenance fee payment, you should use Form PTO/SB/66. According to MPEP 2595: “Form PTO/SB/66 (“Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent ( 37 CFR 1.378(b) )”) may be used to file a petition under 37 CFR 1.378(b).” This form…
Read MoreCan a patent be reinstated after expiration due to non-payment of maintenance fees?
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…
Read MoreCan a reissue application be used to correct inventorship in an expired patent?
No, a reissue application cannot be used to correct inventorship in an expired patent. According to MPEP 1412.04: “A reissue application can be filed to correct inventorship in a patent as long as all of the requirements of 37 CFR 1.324 are met.” However, one of the requirements for a reissue application is that the…
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