What should I do if I receive a Notice of Non-Acceptance of Patent Maintenance Fee?
If you receive a Notice of Non-Acceptance of Patent Maintenance Fee (PTO-2142) from the USPTO, it’s crucial to take prompt action. According to MPEP 2531: “Reply to the notice is required prior to expiration of the grace period provided by 37 CFR 1.362(e) in order to avoid the expiration of the patent.” Here are the…
Read MoreWhat happens if my petition for delayed payment of maintenance fees is refused?
If your petition for delayed payment of maintenance fees is refused, you have options according to MPEP 2590: Petition for Reconsideration: You can file a petition for reconsideration within two months of the decision, or within the time specified in the decision. Refund of Maintenance Fee: If the delayed payment is not accepted, the maintenance…
Read MoreWhat is the purpose of the extended availability requirement for biological deposits?
The purpose of the extended availability requirement for biological deposits is to ensure public access to the deposited material after the patent expires. The MPEP explains: The purpose of the requirement is to ensure that a deposited biological material necessary for the practice of a patented invention would be available to the public after expiration…
Read MoreHow is the patent term affected by maintenance fees?
The payment of maintenance fees is crucial for maintaining the full term of a utility patent. According to MPEP 2504: “Subject to the payment of maintenance fees and any patent term extension, adjustment, or disclaimer, the patent term begins on the date the patent issues and ends 20 years from the date the application was…
Read MoreWhat are the restrictions on amendments in patent reexamination?
Amendments in patent reexamination are subject to several restrictions: They may not enlarge the scope of a claim of the patent or introduce new matter. Amended or new claims that broaden or enlarge the scope of a claim should be rejected under 35 U.S.C. 305. Amendments do not become effective in the patent until the…
Read MoreAre maintenance fees refundable if a patent expires early?
Generally, maintenance fees are not refundable if a patent expires early. The MPEP 2520 provides clear guidance on this matter: “37 CFR 1.366(g) provides that maintenance fees and surcharges relating thereto will not be refunded except in accordance with 37 CFR 1.26 and 1.28(a). A patentee cannot obtain a refund of a maintenance fee that…
Read MoreCan maintenance fees be prorated for patents expiring between due dates?
No, maintenance fees cannot be prorated for patents expiring between due dates. The MPEP 2520 clearly states: “If a patent will expire part way between the due dates set in 35 U.S.C. 41(b), or between the latest due date and the term set in 35 U.S.C. 154, it is still required that the entire maintenance…
Read MoreWhat happens to amendments if a patent expires during reexamination?
If a patent expires during reexamination: All amendments to the patent claims and all claims added during the proceeding are withdrawn. The patent owner is notified in the next Office action. All subsequent reexamination will be on the basis of the unamended patent claims. No amendments, other than claim cancellations, will be incorporated into the…
Read MoreWhat factors should be considered when determining a patent’s expiration date for supplemental examination?
When determining a patent’s expiration date for supplemental examination purposes, several factors should be considered. According to MPEP 2808, these factors include: The term of the patent Whether maintenance fees have been paid Any disclaimers filed to shorten the patent term Patent term extensions or adjustments for delays within the USPTO under 35 U.S.C. 154…
Read MoreWhat information is published in the Official Gazette regarding maintenance fees?
The Official Gazette publishes several types of notices related to maintenance fees. According to MPEP 2575: A notice indicating which patents have been granted 3, 7, and 11 years earlier, that the window period has opened, and that maintenance fee payments will now be accepted for those patents. A notice published after the expiration of…
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